Special Needs Audit Follow Up

Special Needs Audit Follow Up

This website will record local variations in provision and access to services for children with special needs and disabilities.

The law on special needs in England changed in September 2014. New SEN Code of Practice Links 2014. Using Judicial Review for SEN and Disability

Children who already have a statement of special needs will keep the statement until the changeover to Education Health and Care Plans [EHCPs] which will happen some time between 2015 and 2018. There will be no new statements begun after September 2014. Survey Parent Carer Forums April 2014, via Contact-a-Family Many parent carer forums didnt think their local area would be ready to implement the SEND Reforms by September 2014.

How soon will statements be replaced by EHC Plans? Click here for a brief guide. New SEND Code of Practice 2015


Evaluation Personal Budgets November 2014. 36 page report, concludes not much headway made with PBs outside SEN Transport. No case studies.

Selection Pathfinder Families for Pilot

Click here to see how families were selected for the Pathfinder Pilots (FOI 2012)

Direct Payments Under New Legislation September 2014

"Provision for which a local authority is not required to prepare a personal budget [ADDED AT LAST MINUTE BY The Special Educational Needs (Miscellaneous Amendments) Regulations 2014 No. 2096
4A. (1) For the purposes of section 49(2), the particular provision to be secured by an amount identified in a personal budget does not include provision that is specified, or proposed to be specified, in an EHC plan (the "specified provision")—
(a)which the local authority secures, or proposes to secure, under arrangements within the meaning of paragraph (2); and
(b)where the conditions in paragraph (3) apply.
(2) "Arrangements" for the purposes of this regulation means any arrangements between the local authority and a third party under which the local authority pays an aggregate sum for special educational provision which includes the specified provision.
(3) The conditions are that—
(a)the aggregate sum paid by the local authority under the arrangements includes a notional amount for the specified provision; and
(b)the notional amount cannot be disaggregated from the aggregate sum because the disaggregation—
(i)would have an adverse impact on other services provided or arranged by the local authority for children or young people with an EHC plan; or
(ii)would not be an efficient use of the local authority's resources.".

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6. (1) A local authority may only make direct payments where a request has been made for direct payments to be made and the authority is satisfied that—
(a) the recipient will use them to secure the agreed provision in an appropriate way;
(b) where the recipient is the child’s parent or a nominee, that person will act in the best interests of the child or the young person when securing the proposed agreed provision;
(c) the direct payments will not have an adverse impact on other services which the local authority provides or arranges for children and young people with an EHC plan which the authority maintains; and
(d) securing the proposed agreed provision by direct payments is an efficient use of the authority’s resources.
SEN Personal Budgets Regulations 2014 [NB ON THE LEGISLATION.GOV.UK WEBSITE THE VERSION IS ORIGINAL-AS-MADE AND DOES NOT CURRENTLY INCLUDE REGULATION 4A)

http://www.sendpathfinder.co.uk/personal-budget-information

Read what SEN lawyer Steve Broach has to say about direct payments for special educational provision in the Children and Families Act here

Direct Payment Case Studies

The following examples are taken from Pathfinder Report, Annex C pages 129-132, June 2013.

A young person on the autistic spectrum, in school but struggling at risk of exclusion and disengaged with learning. Those involved in the case felt that a building-based education was no longer appropriate, yet the young person still needed to access education provision. The education department has agreed that the young person can have funding for equine therapy sessions to help re-engage them and achieve learning and employment related outcomes. The young person is now linked with the transitions team and they are looking at the options for further learning and/or employment options. This funding is new and additional to the support the family previously received Family is currently in receipt of the SEN DP.
Reference, Annex C pages 129-132

A young person was dependent on a wheelchair and was struggling with getting to college (studying A Levels) without being accompanied and was attending an average of one day per week. Although the young person had a Personal Assistant (PA), this was only related to the time they were at school. The education department within the local authority agreed that they would provide additional funding for a PA so that it also covered time involved in supporting the young person to get to and from the school. The young person is now attending 4 days per week. Funding for the PA is via direct payment and managed by the family. This funding is new and additional to the support that the family previously received Family is currently in receipt of the SEN DP.
Reference, Annex C pages 129-132

A four year old child with very complex health needs requiring constant ventilation. There was uncertainty around what support would be required to enable the child to attend school. A discussion was held between health, social care, education and the family about what support provision would be required. From this, an integrated education, health and social care plan was developed. As part of this, the education department agreed to make a SEN direct payment of £750 to enable the family to purchase a piece of equipment to support the child in communicating at school. The child also has a Learning Support assistant but funding for this is not currently via a direct payment, but it is anticipated it will move to a direct payment model over time. This education direct payment is new and additional money. Family is currently in receipt of the SEN DP.
Reference, Annex C pages 129-132

A 16 year old with severe autism was on roll but not attending school and the school recommended to the family that they access residential education instead. The family was supportive of this option and made a request to the local authority for a residential placement. The local authority was keen to look at an alternative solution with the school and the family, focused on a community-based education but outside of the existing school. The local authority was able to negotiate with the school to disaggregate part of their budget so that, in conjunction with social care funding, he would be able to access a team of trained Personal Assistants (PAs) and a specialist teacher. Collectively they will deliver a programme of educational/social support to motivate him and develop his learning and education outcomes as outlined in his education plan (largely delivered through outdoor activities). He also has in-kind support from health via school nurses and Children and Adolescent Mental Health Service (CAMHS). Whilst the young man is being educated outside of the school, he is still on the school roll and it remains the school’s responsibility to ensure he is achieving the educational outcomes set out in the education plan. Education element is c.£10K and is disaggregated by the school from school place funding (i.e. it is existing money but being spent in a different way) Social care element of the personal budget is new additional funding. The young man has a personal budget that covers health, education and social care monies. The education and social care elements are direct payments, and it is anticipated that health budget may also be paid directly in the future.
Reference, Annex C pages 129-132

A young person with a statement receiving support for Behavioural, Emotional and Social Difficulties. The parents worked with a therapist outside of school and put forward evidence of additional needs outside of Section 3 of the Statement. The local authority anticipated that the additional support should be short term and may lead the young person back to mainstream education. However, the school was not supportive as it thought that the local authority was duplicating their provision when the parents wanted their own therapist. A solution was developed whereby the family now receives a SEN direct payment to cover the costs of additional therapy outside of school hours. The new package has resulted in the family receiving £6K more of support than they did previously. Family is currently in receipt of the SEN DP.
Reference, Annex C pages 129-132

A young person of school age wanted to undertake work based learning but the most suitable provider was located outside the local authority. The young person now receives a package of support that includes a combination of days at school and days at a work based learning course. The Personal Budget (PB) pays for the costs of the course and for the additional associated travel. The support does not involve a direct payment as the parent was happy for the council to pay the bill directly (even though the family had previous experience of a social care direct payment). This is existing money.
Reference, Annex C pages 129-132

A 16 year old with chronic fatigue syndrome was receiving a home learning programme and was coming to the end of their statutory schooling period and wished to continue into FE, but could not find an appropriate college to attend given their condition. The local authority identified an FE college to act as a conduit for the funding from the Education Funding Agency (EFA) to pay a distance learning provider (it held back some funds for administrative costs). The budget covered a laptop for the young person and resource for a member of staff to monitor the educational outcomes achieved. Additional funding through S139A assessment to agree funding from EFA. Personal budget since September 2012.
Reference, Annex C pages 129-132

A young person with complex learning needs. The parent had wished to remove their child from their existing setting and take control of their support and find alternative means. Funding was provided for access to an independent local provider to provide alternative behaviour therapy. The child also got speech therapy, funded through health. This is existing money through the dedicated schools grant and social care funding, and community health funding. Family is in receipt of SEN DP.
Reference, Annex C pages 129-132

A young person with profound multiple learning difficulties who is on roll at a special school but not attending and the SEN budget was therefore unused. The council was keen that they re-engage with learning. The council has negotiated with the young person's school to use the SEN budget to support home schooling by employing a teacher and having their learning supervised. Since the family did not want the support as direct payment, an independent third party organisation was identified as the budget holder. This is existing money. Personal budget due to start over Easter.
Reference, Annex C pages 129-132

A child in pre-school with complex needs where parents need respite care. A 'virtual' DP (based on existing provision) has been agreed to provide short breaks for the parent and additional support to the child until they start school. This is existing money. It is due to start over Easter.
Reference, Annex C pages 129-132


SEN Pathfinder Audit

We are assessing the performance of SEN Pathfinders against their original funding bids. Find all LAs' local offers here


Bexley

Original Pathfinder bid (2011)
Bromley and Bexley tested Personal budgets, Banded funding, Support to parents and carers.
Bexley Pathfinder funding FOI
2011-14 total spent £219K, £114K (52%)staffing, £101K (46%)"commissioned work around Pathfinder project pilot" Bexley Direct Payments FOI 2012/13 3 DPs for alternative education provision and 7 for health therapies. 2013/14 2 DPs for alternative education provision and 12 for health therapies.
Direct Payments and Personal Budgets: Budgets have been offered to families where they have a range of needs. Currently 161 families receive a budget related to short breaks, education, activities, and equipment. 22 families have a Personal Budget within the Pathfinder project. See attached Handbook


Bromley

Original Pathfinder bid (2011)
Bromley and Bexley tested Personal budgets, Banded funding, Support to parents and carers
Dedicated website
Bromley Pathfinder funding FOI
2012-13 total grant £150K, £107K (71%)staffing, £31K (21%)voluntary and community sector payments, £13K (9%)payments to schools
Bromley Pathfinder budget "The focus of Bromley Pathfinder work is on children with complex needs and disabilities across the age range birth to 25" Forward Budget £165K Sep 2012 – Mar 2013: staffing 72K; Commissioning Private and Voluntary Sector £27K; Running costs £15K.
Bromley Direct Payments FOI There are currently no direct payments for special educational needs made under the SEN (Direct Payments) (Pilot Order) 2012
Direct Payments and Personal Budgets LA doesn't appear to have told parents of children with statements about right to request DPs and there are no DPs for SEN, although DPs may be used for social care. LA is testing EHCPs with 68 pathfinder families. Parents were invited to test principles of DP and 20 elected to test but 2/3 didn't go through with it.


Calderdale

Original Pathfinder bid (2011)
Calderdale tested Personal budgets, Age range and employment, Support to parents and carers
Calderdale Pathfinder Funding FOI
2012-13 total grant £150K, £142K (95%)to Calderdale Parent Carer Council
Calderdale Direct Payments FOI 1 family has been given a personal health budget
Direct Payments and Personal Budgets Parent Carer Forum was commissioned to deliver courses on person-centred planning. Families were sent information with new or amended statements, and were also recruited as part of a specific pilot. Families have also approached the LA directly after having heard about SEN DPs. 3 families trialling personal health budgets linked to EHC plans. 60 families are receiving direct payments for Short Breaks and 27 are receiving DPs for transport. 1 parent is receiving a personal budget within the Pathfinder, + 2 young people are still considering the option.


Cornwall and Isles of Scilly

Original Pathfinder bid (2011)
Cornwall tested Personal budgets, Banded funding, Age range and employment, Support to parents and carers, Support to vulnerable children
Factsheet
Dedicated website
Cornwall Pathfinder Funding FOI
2012-12 total grant £150K, £107K (71%)"Internal rechargeables" (staffing?), £31K (21%)grants, £16K (11%)consultants
Cornwall Direct Payments FOI There are currently no DPs for SEN requested or made under the SEN (Direct Payments) (Pilot Order) 2012
Direct Payments and Personal Budgets: The Personal Budgets Policy is under development and will be available in autumn 2013. The focus to date has been on providing Personal Budgets/Direct Payments via the Children with Disability Team. Personal Budgets Leaflet


Devon

Original Pathfinder bid (2011)
Devon testing Personal budgets, Support to parents and carers, Support to vulnerable children
Devon Pathfinder funding FOI
2012-13 £150K total grant, £142K (95%)staffing (including social care and internal recharge)
Devon Direct Payments FOI No SEN DPs were issued under the pilot legislation.
Direct Payments and Personal Budgets August 2013: The Council is still developing these arrangements. At present none of the pilot families have requested direct payments for SEN and are happy with the transparency of a notional personal budget.


Gateshead

Original Pathfinder bid (2011)
Gateshead tested Personal budgets
Dedicated website
Gateshead Pathfinder Funding FOI
2012-13 £150K total grant, £77K (51%)staffing, £37K (25%)payments to voluntary orgs, £16K (11%)consultancy "SEN needs assessment work in progress"
Gateshead Direct Payments FOI Total 21 DPs, 19 transport only, 1 support and transport, 1 equipment
Direct Payments and Personal Budgets July 2013: Parents of children with statements were not routinely informed of right to apply for SEN DP. There are 2 DPs, 1 relates to transport and the other to educational provision. 1 family approached the LA and the other was approached by the LA. These payments could be provided outside of the Pathfinder. An event for parents has been held to promote personal budgets and various briefing sessions have been held where parents have been asked to contact the LA if they would like to be considered for a personal budget.


Greenwich

Original Pathfinder bid (2011)
Greenwich tested Personal budgets, Support to vulnerable children
Greenwich Pathfinder Funding FOI
£254K total spend 2011-14, £128K (50%)staffing, £21K (8%)professional fees developing personal budgets, £16K (6%) voluntary sector support, £15K (6%)Adult Services transition pilot team, £5.5K (2%)In Control annual membership
Greenwich Direct Payments FOI "The Royal Borough of Greenwich has not provided any direct payments for special educational needs under the SEN direct payments/pilot order 2012, as no requests have been made."
Direct Payments and Personal Budgets August 2013: Greenwich did not trial direct payments.


Darlington and Hartlepool

Hartlepool and Darlington are tested Personal budgets, Support to parents and carers, Support to vulnerable children.

Darlington

Darlington Local Offer
Darlington Pathfinder Funding FOI
2012-13 £150K total grant, £53K (35%) staffing, £30K (20%)consultancy, £24K (16%)website development, £22K (15%) voluntary and community sector for peer support, £10K (7%)local college, £5.5K (3%)In Control annual membership
Darlington Direct Payments FOI July 2013. (i) the number of direct payments for special educational needs granted under the SEN (Direct Payments) (Pilot Order) 2012: 2 DPs for young people arising from the conversion of their statements into an EHC Plan. Both payments cover support for travelling to and from school.
Darlington Direct Payments and Personal Budgets July 2013: Parents/Carers have been informed about Personal Budgets and Direct Payments as part of signing on to the pathfinder. 2 parent/carers are receiving SEN DPs, 1 for travel support and training to and from school and the other in lieu of taxi journeys to and from school. 2 parents considered Direct Payments via the school for a)the purchase of Ipad and Apps and b)the purchase of a guitar and guitar lessons. Both parents asked the school to buy the equipment and maintain within school for their children.

Hartlepool

Hartlepool Original Pathfinder bid (2011)
dedicated website
Hartlepool Pathfinder Funding FOI
2012-13 total grant £150K, £96K (64%)staffing, £19K (13%)"Supplies and Services", £17K (11%)"Grant contributions", £16K (12%)"External Training"
Hartlepool Direct Payments FOI July 2013: SEN DPs were granted under the SEN DP Pilot order for work placement; support for an Occupational Therapy programme; additional English and Maths tuition; home education programmes; equipment; transport; and TA support
Hartlepool Direct Payments and Personal Budgets July 2013: Parents informed on a case by case basis. 6 DPs are in place relating to a range of provision including a work placement, equipment, support to deliver an Occupational Therapy programme in school, transport and home education provision.


Hertfordshire

Original Pathfinder bid (2011)
Hertfordshire is tested Personal budgets, Age range and employment
Hertfordshire Pathfinder Funding FOI
2012-13 £150K total grant, £82K (55%)consultancy fees, £37K (25%)"DR support costs", £12K (8%)IT and software, £7.5K (5%)training
Hertfordshire Direct Payments FOI August 2013: No SEN DPs agreed under the Pilot Order.
Direct Payments and Personal Budgets July 2013 : All families who agree to be part of Pathfinder have been given the choice of a personal budget, including a direct payment where appropriate. We are currently in the process of agreeing a personal budget with up to 13 pathfinder families, some of whom may want DPs. In addition, there is a pilot underway, to offer families a mileage rate as an alternative to directly providing transport to school where a child with SEN meets the criteria


Leicester City and Northamptonshire

Original Pathfinder bid (2011)
The Northamptonshire and Leicester City Pathfinder tested Personal budgets, Support to parents and carers, Support to vulnerable children


Leicester City

Leicester City Leicester Local Offer
Leicester City Pathfinder Funding FOI
2012-13 £165K total grant, £138.5K (83%)paid to Northamptonshire Council, £30K (18%)to Voluntary Action Leicester for parent engagement
Leicester Direct Payments FOI July 2013: We have received no requests for direct payments
Leicester City Direct Payments and Personal Budgets: In the new EHCP process within the Pathfinder programme, all families engage with an impartial Facilitator/Key Worker, provided from a local Leicester Voluntary Community Service group. There are no SEN DPs at present.


Northamptonshire

Northamptonshire Pathfinder Funding FOI 2012-13 total grant (joint with Leicester City) £312K, staffing £84K, Parental Engagement Costs £55K (not clear if same as Voluntary Action Leicester), Consultancy/Commissioning Costs, including Facilitation Costs, Assessment Costs, School expenses and In Control Membership £121K, "Internal recharges" £25K.
Northamptonshire Direct Payments FOI There are currently no direct payments for special educational needs made under the SEN (Direct Payments) (Pilot Order) 2012
Northamptonshire Direct Payments and Personal Budgets: We have been sending parents leaflet and application form since 1st April 2013 with new and amended statements. The family approached the LA having heard about SEN DPs/personal budgets from other sources.


Lewisham

Original Pathfinder bid (2011)
Lewisham tested Personal budgets, Age range and employment, Support to parents and carers
Dedicated website
Lewisham Pathfinder Funding FOI
2012-13 £150K total grant, £49K (%)staffing, £42K (%)Pathfinder Family Support Worker- contract, £17K (%)"other contract payments" including In Control annual membership £5.5K, Contact a Family, Short Breaks and parent expenses refund
Lewisham Direct Payments FOI September 2013. (i) the number of direct payments for special educational needs granted under the SEN (Direct Payments) (Pilot Order) 2012: 3 direct payments are in place at present.
Direct Payments and Personal Budgets Parents/carers issued with a new statement are not routinely informed of their right to apply for a direct payment. 3 parents/carers are in the process of receiving an SEN DP. These relate to elective home education. No parents/carers are currently receiving a personal budget under the auspices of the Pathfinder Project, however we are working with 3 families to prepare a personal budget to begin in September 2013. The 3 families we are preparing a personal budget with have been offered it through developing their child’s Education Health and Social Care plan as part of the Pathfinder Programme.

In October 2014 Lewisham refused to say what these 3 Personal Budgets were for. More


Manchester

Original Pathfinder bid (2011)
Manchester tested Personal budgets, Age range and employment
Manchester Pathfinder Funding FOI
2012-13 £150K total grant, £82K (55%)staffing, £48K (32%)"Pay School Budget", £17K (11%)"subsistence and conf", £12K (8%)"voluntary orgs TPP"
Manchester Direct Payments FOI July 2013: 1 SEN DP under the Pilot Order for teaching assistant, speech and language therapy and ASD support.
Direct Payments and Personal Budgets We have been trialling DPs with 14-25 year olds. Information about Direct Payments is discussed with young people and families by their plan coordinator/support officer and also by Parent partnership staff. 1 parent is receiving SEN DP for a teaching assistant, speech and language therapy and ASD support. 9 YPs have personal budgets for education. 1 parent approached the local authority. Other young people/parents chose education personal budgets after discussions with staff.


North Yorkshire

Original Pathfinder bid (2011)
The North Yorkshire Pathfinder tested Age range and employment
Dedicated website
North Yorkshire Pathfinder Funding FOI
2012-13 £150K total grant, £63K (42%)staffing costs; £43K (29%)staffing costs health; [total staff costs £106K (71%); £10K (7%)IT; £10K (7%)venue hire for public meetings and consultations; £5.5K (4%)In Control annual membership fee.
North Yorkshire Direct Payments FOI July 2013. (i) the number of direct payments for special educational needs granted under the SEN (Direct Payments) (Pilot Order) 2012: Fewer than 5 families are receiving SEN DPs under the SEN DP Pilot Order, for Applied Behaviour Analysis and speech and language therapy provision.
Direct Payments and Personal Budgets Information about DPs has been provided on request; parents have not been automatically informed of this right. There are fewer than 5 SEN DPs, related to autism provision and speech and language therapy. The family approached the LA having heard about SEN Direct Payments/personal budgets from other sources.


Nottinghamshire

Original Pathfinder bid (2011)
Nottinghamshire tested Personal budgets, Banded funding, Age range and employment, Support to parents and carers, Support to vulnerable children
Pathfinder Progress Information
Dedicated website
Nottinghamshire Pathfinder Funding FOI
2012-13 £150K total grant, £46K (31%)staffing, £46K (31%)voluntary and community sector, £27K (18%)Health Change Pathfinder, £16K (11%)AS/ADHD Pathway, £9K (6%) Short Breaks
Nottinghamshire Direct Payments FOI July 2013. (i) The number of direct payments for special educational needs granted under the SEN (Direct Payments) (Pilot Order) 2012: 1. (ii) Details of what types of provision these payments were awarded for: Home to School Transport
Direct Payments and Personal Budgets August 2013: Not all parents/carers issued with a new/amended statement since January 2012 have routinely been informed about their right to request an SEN Direct Payment. A number of consultation events have been held with parents and carers. At these events there was limited take-up of the offer of SEN DPs and only 1 parent has since come forward to explore the option of a SEN DP for home to school transport.


Oldham and Rochdale

Original Pathfinder bid (2011)
The Oldham and Rochdale Pathfinder tested Personal Budgets, Age range and employment, Support to parents and carers


Oldham

Oldham dedicated website
Oldham Pathfinder funding FOI
2012-13 total grant £150K, £92K (61%)staffing, £17K (11%)Pennine Care Trust Foundation, £7K (5%)contractors
Oldham Direct Payments FOI July 2013. 1. The number of direct payments for special educational needs granted under the SEN (Direct Payments) (Pilot Order) 2012: 2 personal budgets set up that have included education. 1/ a child with very complex needs, the PB covered nursery placement costs with some additional support from the education budget, health team worker costs to support in the setting, social care short breaks funds to support package in holiday period to continue the placement. 2/ joint funding between Social care and the Secondary special school to support a child to access extra curricular activities. School are managing the budget and staff from the school are providing the support. This support will continue during the school holiday periods.." Direct Payments and Personal Budgets :Parents have been informed of their right to request information about DPs. So far we have had 2 personal budgets set up that have included education. There are 10 families currently receiving a personal budget 8 are purely social care funded, 2 are as above. All 10 families were recruited as part of the pilot.


Rochdale

Rochdale Factsheet and Rochdale dedicated website
Rochdale Pathfinder funding FOI (underspend)
2012-13 total grant £150K, £70K (47%) staffing, £8K (5%)training and consultancy
Rochdale Direct Payments FOI July 2013: There are currently no direct payments for special educational needs made under the SEN (Direct Payments) (Pilot Order) 2012
Rochdale Direct Payments and Personal Budgets: SEN DPs have only been considered for Pathfinder families who receive an EHC Plan. This is discussed face to face


SE7

SE7 Original Pathfinder bid (2011) SE7 led by East Sussex.
The SE7 Pathfinder tested Personal budgets, Banded funding, Age range and employment, Support to parents and carers, Support to vulnerable children
SE7 Dedicated website

SE7 letter re DPs: "The education budget, including for special needs, is almost entirely delegated directly to schools. This funding is not available to the council to provide as a direct payment. Across SE7 we are looking at what funding is held centrally which could be made available. We will also set up systems for allocating and managing any education direct payments made through the Pathfinder. We will work closely across the region and with our Pathfinder families in order to achieve this..." More

'In Control' Booklet for SE7


Brighton and Hove

Brighton Local Offer
Brighton Pathfinder Funding FOI
2011-13 total grant received to date £256K, £164K (64%)staffing, £32K (12.5%) "supplies and services", £57K (22%)"third party payments"
Brighton and Hove Direct Payments FOI July 2013: 7 SEN DPs granted under the DP Pilot Order, including 2 for home to school travel
Brighton and Hove Direct Payments and Personal Budgets: 2. A letter was sent to all parents of children with statements in August 2012 offering parents the option of taking part in the Pathfinder and having a personal budget of £5 per school journey. 5 families took up the offer. Information was also posted on the parent partnership website.


East Sussex

East Sussex Pathfinder Funding FOI 2012-13 DfE grant £165K: £65K staff costs (40%), £27K "contribution to regional budget" (16%), £16K consultancy (10%), £15K ICT infrastructure (9%),
East Sussex Direct Payments FOI July 2013: 8 DPs for personal transport
East Sussex Direct Payments and Personal Budgets The personal transport budget pilot is being trialled as part of the pathfinder with a group of families recruited as part of a specific pilot who were already approved for transport. Currently there are 11 families receiving PTB. There are also 10 Personal Budgets for Social Care, and 9 for Health.

Hampshire

HAMPSHIRE LOCAL OFFER WAS NOT READY BY THE DEADLINE OF SEPTEMBER 1ST 2014. MORE

Hampshire Pathfinder Funding FOI Not separated into years, £390K total pathfinder funding 2011-14, £150K staff costs (39%), £75K payments to "SE7" regional fund (19%), payments to community and voluntary sector £43K (11%), consultancy and professional fees including barristers' advice on Direct Payments £20K (5%), 2 years In Control membership subs £11K (3%). NB these percentages refer to total grant allocation but they could be up to a third more as there was an underspend of £108K reported at the end of June 2013 although the money would be spent by the end of the grant year.
Hampshire Direct Payments FOI July 2013: 1 DP, which was for occupational therapy provision.
Hampshire Direct Payments and Personal Budgets: 1 SEN DP. The family requested information and the DP was offered.

Kent

Kent Pathfinder Funding FOI
2011-12 £75K total grant (6 months) £56K (75%)staffing, including National Insurance and pension costs, £17K (23%)consultancy. 2012-13 total grant £150K, £6.5K (4%)reimbursed expenses to parents
Kent Direct Payments FOI July 2013: 50 DPs for School Transport. 4 possible SEN DPs in near future.
Kent Direct Payments and Personal Budgets Unsure about key information. Kent used generic SE7 paperwork. Significant change of staff involved in Pathfinder Pilot in Kent. Currently 50 DPs for SEN transport, not necessary to be involved in the Pathfinder (+ 800 families accessing short breaks).


Medway

Dedicated website
Medway Pathfinder Funding FOI (underspend)
2012-13 total grant £150K, £71K (47%)staffing, £23K (15%)specialist fees, £10K (7%)consultants fees, £20K (13%)"Contribution to Reserve", £7.5K (5%)"Payments to OLA’s", £10K (7%)to voluntary associations, £12K (8%)unspent grant repaid
Medway Direct Payments FOI July 2013. There are currently no direct payments for special educational needs made under the SEN (Direct Payments) (Pilot Order) 2012.
Medway Direct Payments and Personal Budgets: Zero DPs for SEN. Developing School Transport Personal Budgets. 3 Pathfinder parents are in receipt of a Personal Budget.

Surrey

Surrey Pathfinder Funding FOI 2013-14 £75K total first two quarters, £60.5K (80%)staffing, £7.5K (10%)to East Sussex LA
Surrey Direct Payments FOI There are currently no direct payments for special educational needs made under the SEN (Direct Payments) (Pilot Order) 2012
Surrey Direct Payments and Personal Budgets: Parents of children with statements of SEN were not routinely informed of their right to request DPs. As of August 2013 there were no SEN DPs, but the LA was looking at a possible personal transport budget pilot.


West Sussex

Dedicated website
West Sussex Pathfinder Funding FOI 2012-13 £150K total grant, £70K (47%)to Short Breaks Service, £30K (20%)to East Sussex LA, £28K (19%)to staff recharge, £23K (15%)to parents forum
West Sussex Direct Payments FOI July 2013: 14 SEN DPs, comprising 2 Personal Assistants for health requirements, 1 Specialist equipment, 5 Personalised packages, including specialist transport and health activities additional therapy, 6 IT equipment to support set up of a communication group
Direct Payments and Personal Budgets: Some families of children with statements were told about DPs, depending on the child's age and where they lived. From the website: "As part of a pilot of personal budgets in children's social care, over 60 families have gone through the process of assessment and support planning and their budgets are now in place. We are developing plans for co-ordinated budgets across education, health and social care. As part of the national accelerated personal budgets group, we are developing more education direct payments through work with a mainstream and a secondary school. We are now scaling up the numbers of families involved during Phase 2 of the roll-out. In Area B (Littlehampton, Worthing and Shoreham) all families of early years and school age children requesting statutory assessment, and young people in transition who would be having a Learning Difficulty Assessment, are going through the new process which we have reviewed to streamline and make it workable for larger numbers. So far we have recruited a further 55 families. We have arranged a number of stakeholder and training events to ensure that all staff are fully briefed on the new approach. We are planning to roll this out to Area A (Chichester, Bognor and Midhurst) in February 2014."


Solihull

Original Pathfinder bid (2011)
Solihull tested Personal budgets and Support to parents and carers
Solihull Pathfinder Funding FOI
2012-13 £150K total grant, £94K (63%)staffing (pay, national insurance, superannuation, "internal staffing recharge") + £14K (9%)"internal miscellaneous charge" + £17K (11%)"professional fees"
Solihull Direct Payments FOI August 2013: Families with completed EHCP given option of a direct or third party direct payment for all provisions except the base funding of an educational placement as set out in the school funding reform guidance and any services that are currently subject to block contracts. To-date, no pathfinder family has accepted a direct payment for educational provision. However, some non-pathfinder families have received direct payments under the provisions within their child’s Statement of SEN, which includes provision for therapies.
Direct Payments and Personal Budgets July 2013 : We have not informed all parents with a new or amended statement of SEN about the SEN Direct Payments Pilot Scheme Order. Through key worker discussions we have ensured that all pathfinder families who are taking part in the pilot are fully involved in the construction of their personal budget. 2 families are receiving direct SEN payments by choice through their child’s Statement of SEN.


Southampton

Original Pathfinder bid (2011)
Southampton Pathfinder Funding FOI
2012-13 £150K total grant, £122K (81%) spent on "Purchased Services"
Southampton Direct Payments FOI July 2013. (i) the number of direct payments for special educational needs granted under the SEN (Direct Payments) (Pilot Order) 2012: 2. (ii) details of what types of provision these payments were awarded for: 2 SEN DPs, 1 To fund a specialist teacher to work with a pupil with profound and multiple learning difficulties; and the other to fund a learning mentor to support a programme of International General Certificate of Secondary Education (IGCSEs)
Direct Payments and Personal Budgets July 2013 : Parents/carers are not currently informed about their right to request a SEN direct payment, however all parents/carers of students at two schools in Southampton have been made aware of the option of having a Personal Travel Budget and 11 parents/carers have taken up the offer. 2 families are accessing an SEN Personal Budget which is managed by a third party. 19 families are receiving a Personal Budget as part of the pathfinder. The families currently in receipt of SEN personal budgets were recruited as part of specific pilot projects.


Trafford

Original Pathfinder bid (2011)
Trafford Pathfinder Funding FOI (unanswered) Trafford tested Personal budgets, Support to parents and carers, Support to vulnerable children
Factsheet
Trafford Pathfinder Funding FOI
2011-14 £390K total grant, Trafford says "over 96% of the expenditure comprises staff costs"
Trafford Direct Payments FOI Zero SEN DPs
FOI answered October 2014 Direct Payments and Personal Budgets "Not all parents with new or amended statements were informed. Trafford’s interpretation was that the offer under the SEN direct payment regulations applied to those given an EHC plan during that period, not anyone whose statement was amended during this period. There are currently [October 2014] no parents receiving SEN Direct Payments. Information was given at the consent stage about the trialling of personal budgets. Information was also given verbally at EHC panel meetings, where the parent or carers were involved in a discussion with professionals from Education, Health and Social Care about their child’s non-statutory EHC plan, including a discussion about their eligibility for a personal budget. 19 families received a direct payment as a direct result of being recruited to the first cohort of families in the Pathfinder project. No further families have received an SEN direct payment, however there have been several families that have received personal budgets for the social care aspects of their plans, this however has been through our Complex and Additional Needs Short Breaks offer, rather than as a direct result of being involved in the pathfinder project."


Wigan

Original Pathfinder bid (2011)
Wigan tested Personal budgets, Support to parents and carers, Support to vulnerable children
Wigan Pathfinder Funding FOI (underspend)
2011-12 £75K total grant (6 months), 55K spent on staffing (73%)
2012-13 £150K total grant £52K spent on staffing (35%)
Wigan Direct Payments FOI There are currently no direct payments for special educational needs made under the SEN (Direct Payments) (Pilot Order) 2012
Direct Payments and Personal Budgets August 2013 "Please confirm whether all parents/carers issued with a new or amended statement since January 2012 have been informed about their right to apply for a Direct Payment for SEN provision under the Special Educational Needs (Direct Payments) (Pilot Scheme) Order 2012: Only "Pilot Families" have been offered a direct payment. No parents are receiving a direct payment for education provision.


Wiltshire

Original Pathfinder bid (2011)
Wiltshire tested Personal budgets, Age range and employment, Support to parents and carers, Support to vulnerable children
Factsheet (this can be found in in document folder, in reports on families testing new ways of working in Wiltshire, please note that you will be required to register)
Wiltshire Pathfinder Funding FOI
2011-12 £75K total grant (6 months), DCE Recharges £54K [staff costs] (72%)
2012-13 150K total grant. Consultants´ Fees 21K (14%) DCE Recharges 115k [staff costs] (77%)
Wiltshire Direct Payments FOI May 2013: 1 SEN DP for provision specified in part 3 and 40+ DPs for provision outside of part 3, 1 for speech and language and the rest for school transport. 4 families with social care personal budget registered with the pathfinder project. Parents are part of a working group on DPs.
Direct Payments and Personal Budgets Letter and leaflet about SEN DPs under the DP Pilot Order sent to all families of children with statements SEN.


DfE Amends Personal Budgets Regulations

Amendments to SEN (Personal Budgets) Regulations 2014
2. (1) The Special Educational Needs (Personal Budgets) Regulations 2014(1) are amended as follows.
(2) In the definition of "recipient" in regulation 2, for "regulation 5(2)" substitute "regulation 5(1)".
(3) After regulation 4, insert—
"Provision for which a local authority is not required to prepare a personal budget
4A. (1) For the purposes of section 49(2), the particular provision to be secured by an amount identified in a personal budget does not include provision that is specified, or proposed to be specified, in an EHC plan (the "specified provision")—
(a)which the local authority secures, or proposes to secure, under arrangements within the meaning of paragraph (2); and
(b)where the conditions in paragraph (3) apply.
(2) "Arrangements" for the purposes of this regulation means any arrangements between the local authority and a third party under which the local authority pays an aggregate sum for special educational provision which includes the specified provision.
(3) The conditions are that—
(a)the aggregate sum paid by the local authority under the arrangements includes a notional amount for the specified provision; and
(b)the notional amount cannot be disaggregated from the aggregate sum because the disaggregation—
(i)would have an adverse impact on other services provided or arranged by the local authority for children or young people with an EHC plan; or
(ii)would not be an efficient use of the local authority's resources.".
(4) In regulation 14(8), for “paragraph (6)” substitute "paragraph (7)".

Background The Joint Committee on Statutory Instruments "was concerned that the guidance in paragraph 9.106 [of the SEN code of Practice] conflicted with the duty imposed on local authorities by section 49 of the Children and Families Act 2014 by suggesting that there may be circumstances in which the local authority would be entitled to refuse to prepare a personal budget for a child or young person with an EHC plan. Accordingly the Committee asked the Department to explain the apparent conflict.

3.6 "In its memorandum printed at Appendix 3 the Department explains that, when drafting the Code, it took the view that section 49(2) enables a local authority to set the amount of a personal budget as "nil". The Committee is not convinced by this argument. In the view of the Committee, the reference in section 49(2) to identifying "an amount" as available to secure provision in the EHC plan cannot, in the absence of express words, reasonably be construed as including the identification of an amount which is nil. It seems to the Committee that suggesting that a local authority could prepare a personal budget which is a nil amount is tantamount to saying that a local authority would be entitled not to prepare a personal budget. In the view of the Committee, such a result is at odds with the natural meaning and implication of the duty imposed by section 49(1), and therefore the legislation would need to have included express words to achieve that effect."

3.7 At paragraph 9 of its memorandum the Department appears to accept that there is a doubt about the correctness of the view it took when preparing the draft Code of Practice. It states that it will take steps to address this issue before the Code comes into force on 1 September 2014.
Joint Committee Statutory Instruments July 2014 House of Lords.


SEN (Direct Payments) (Pilot Scheme) Order 2012

Request for direct payments
3. (1) Where a local authority has -
(a) served a copy of a statement or an amended statement of special educational needs in accordance with paragraph 6 of Schedule 27 to the 1996 Act; or
(b) carried out an assessment of a beneficiary’s learning difficulties in accordance with section 139A of the 2000 Act, and has prepared the written report referred to in section 139B(3) of the 2000 Act(13),
the authority must provide P [the parent] with information and advice about direct payments under section 532A(1) of the 1996 Act and if P requests the authority to consider making a direct payment under that section, the authority must consider that request.
(2) In this paragraph P means—
(a) the parent of a beneficiary where the beneficiary has not yet attained the age of 16;
(b) the beneficiary where the beneficiary has attained the age of 16 and has capacity to consent to the making of direct payments to them; or
(c)a representative.

Decision to make direct payments
11. Before deciding whether to make direct payments in respect of a beneficiary the local authority must be satisfied—
(a) that the way the person who will receive direct payments proposes to use them to secure the agreed provision is an appropriate way to do so;
(b) that where a parent, nominee or representative is to receive direct payments on behalf of a beneficiary, that person will act in the best interests of the beneficiary when securing the agreed provision;
(c) that the making of direct payments in respect of the beneficiary will not have an adverse impact on other services which the local authority provides or arranges for children and young people in its area for whom it maintains a statement of special educational needs under section 324 of the 1996 Act or who are subject to a learning difficulty assessment arranged under section 139A of the 2000 Act; and
(d) that securing the agreed provision by means of direct payments in the case of that beneficiary is compatible with the authority’s efficient use of its resources.
2012 DP Pilot Regulations

SEN DPs Pilot Extension January 2014

2. (1) The Special Educational Needs (Direct Payments) (Pilot Scheme) Order 2012(1) is amended as follows.
(2) For article 4, substitute—
"4. The pilot scheme has effect for the period ending with 30th September 2015."
(3) In paragraph 3 of Schedule 1, after the end of sub-paragraph (2), insert—
"(3) The duty to provide information and advice under sub-paragraph (1) shall cease at the end of 31st August 2014.
(4) The duty to consider a request made under sub-paragraph (1) shall not apply in relation to a request received after 31st August 2014.".
2014 DP Pilot Extension Regulations



Link Reference

This article is http://snafu2.org.uk/index.php. The following links to other websites are contained in the article, displayed as citations to aid you in printing the document.

  1. Using Judicial Review for SEN and Disability http://edyourself.org/articles/candfact2014.php#SEN
  2. Contact-a-Family http://www.cafamily.org.uk/advice-and-support/resource-library/parent-carer-participation-send-surve
    y-results/
  3. New SEND Code of Practice 2015 http://edyourself.org/articles/newcode.php#transition
  4. here http://edyourself.org/articles/sengpfoi.php
  5. The Special Educational Needs (Miscellaneous Amendments) Regulations 2014 No. 2096 http://www.legislation.gov.uk/uksi/2014/2096/regulation/2/made
  6. SEN Personal Budgets Regulations 2014 http://www.legislation.gov.uk/uksi/2014/1652/regulation/6/made
  7. http://www.sendpathfinder.co.uk/personal-budget-information http://www.sendpathfinder.co.uk/personal-budget-information
  8. Steve Broach and Irwin Mitchell Fact Sheets and Template Letters http://www.irwinmitchell.com/personal/protecting-your-rights/social-healthcare-law/the-children-and-
    families-act-2014/factsheets-and-template-letters
  9. here http://edyourself.org/articles/localoffer.php
  10. Original Pathfinder bid (2011) http://snafu2.org.uk/Bromley_Bexley_REDACTED.pdf
  11. Dedicated website http://bromley.mylifeportal.co.uk/pathfinder/
  12. children with complex needs and disabilities across the age range birth to 25" http://cds.bromley.gov.uk/documents/s50004365/Draw%20Down%20of%20Funding%20for%20Bromley%20SEN%20D.p
    df
  13. Original Pathfinder bid (2011) http://snafu2.org.uk/Calderdale_REDACTED.pdf
  14. Original Pathfinder bid (2011) http://snafu2.org.uk/Cornwall_IoScilly_REDACTED.pdf
  15. Factsheet http://cornwall.childrensservicedirectory.org.uk/kb5/cornwall/fsd/home.page
  16. Dedicated website http://www.cornwall.gov.uk/default.aspx?page=30799
  17. Original Pathfinder bid (2011) http://snafu2.org.uk/Devon_ITT_REDACTED.pdf
  18. Original Pathfinder bid (2011) http://snafu2.org.uk/Gateshead_REDACTED.pdf
  19. Original Pathfinder bid (2011) http://snafu2.org.uk/Greenwich_REDACTED.pdf
  20. Hartlepool Original Pathfinder bid (2011) http://snafu2.org.uk/Hartlepool_ITT_REDACTED.pdf
  21. Original Pathfinder bid (2011) http://snafu2.org.uk/Hertfordshire_ITT_REDACTED.pdf
  22. Original Pathfinder bid (2011) http://snafu2.org.uk/Northamptonshire_Leicester_City_REDACTED.pdf
  23. Original Pathfinder bid (2011) http://snafu2.org.uk/Lewisham_REDACTED.pdf
  24. Dedicated website http://www.lewisham.gov.uk/myservices/socialcare/children/Pages/Support-for-children-with-special-ed
    ucational-needs-or-disabilities.aspx
  25. Original Pathfinder bid (2011) http://snafu2.org.uk/Manchester_ITT_REDACTED.pdf
  26. Original Pathfinder bid (2011) http://snafu2.org.uk/North_Yorks_ITT_REDACTED.pdf
  27. Dedicated website http://www.northyorks.gov.uk/article/26714/Special-educational-needs---local-offer
  28. Original Pathfinder bid (2011) http://snafu2.org.uk/Nottinghamshire_REDACTED.pdf
  29. Dedicated website http://www.askiris.org.uk
  30. Oldham dedicated website http://www.oldham.gov.uk/info/200368/children_with_disabilities
  31. SE7 Original Pathfinder bid (2011) http://snafu2.org.uk/SE7_REDACTED.pdf
  32. SE7 Dedicated website http://www.se7pathfinder.co.uk/
  33. Brighton Local Offer http://www.brighton-hove.gov.uk/content/children-and-education/local-offer
  34. MORE http://edyourself.org/articles/localoffer.php
  35. Dedicated website http://www.medwaycan.co.uk/
  36. Dedicated website http://www.westsussex.gov.uk/living/social_care_and_health/children_needing_support/children_with_di
    sabilities_and/what_we_are_doing_in_west/support_and_aspiration_sen_a.aspx
  37. the website http://www.westsussex.gov.uk/living/social_care_and_health/children_needing_support/children_with_di
    sabilities_and/what_we_are_doing_in_west/support_and_aspiration_sen_a.aspx
  38. Original Pathfinder bid (2011) http://snafu2.org.uk/Southampton_REDACTED.pdf
  39. Original Pathfinder bid (2011) http://snafu2.org.uk/Trafford_ITT_REDACTED.pdf
  40. Factsheet http://search3.openobjects.com/mediamanager/trafford/fsd/files/factsheet_10_-_january_2014.pdf
  41. Original Pathfinder bid (2011) http://snafu2.org.uk/Wigan_ITT_REDACTED.pdf
  42. Amendments to SEN (Personal Budgets) Regulations 2014 http://www.legislation.gov.uk/uksi/2014/2096/regulation/2/made
  43. section 49 of the Children and Families Act 2014 http://www.legislation.gov.uk/ukpga/2014/6/section/49/enacted
  44. memorandum printed at Appendix 3 http://www.publications.parliament.uk/pa/jt201415/jtselect/jtstatin/30/3008.htm
  45. memorandum http://www.publications.parliament.uk/pa/jt201415/jtselect/jtstatin/30/3008.htm
  46. Joint Committee Statutory Instruments http://www.publications.parliament.uk/pa/jt201415/jtselect/jtstatin/30/3003.htm#a3
  47. 2012 DP Pilot Regulations http://www.legislation.gov.uk/uksi/2012/206/made/data.pdf
  48. 2014 DP Pilot Extension Regulations http://www.legislation.gov.uk/uksi/2014/166/contents/made
  49. New SEND Code of Practice 2015 http://edyourself.org/articles/newcode.php#ehecomment
  50. 2012 DP Pilot Regulations http://www.legislation.gov.uk/uksi/2012/206/made/data.pdf
  51. Article on 2012 DP Pilot Regulations http://www.education11kbw.com/2012/02/10/pilot-scheme-for-sen-direct-payments/
  52. 2014 DP Pilot Extension Regulations http://www.legislation.gov.uk/uksi/2014/166/contents/made
  53. SEN Personal Budget Regulations 2014 http://www.legislation.gov.uk/uksi/2014/1652/contents/made
  54. Article on 2014 PB Regulations http://www.education11kbw.com/2014/06/28/the-special-educational-needs-personal-budgets-regulations-
    2014/
  55. Direct Payments and Personal Budgets for Adults http://www.thinklocalactpersonal.org.uk/