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London Borough of Sutton SEND Panel Terms of Reference

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Decisions relating to the Education, Health and Care Needs Assessments, Education Health and Care (EHC) Plan, educational placement, funding and other areas relating to supporting children with SEN are made by the SEN Panel

Terms of Reference

The Terms of Reference support the Local Authority in making consistent and appropriate decisions within the statutory framework (specifically the Children and Families Act 2014 and the SEND Code of Practice) for SEND from ages 0-25, including, but not restricted to, the following: whether or not to carry out and Education, Health and Care (EHC) Needs Assessment; whether or not to issue an EHC Plan; the provision to be specified in an EHC Plan; and, the level of funding for the special educational provision in the Plan.

1. OBJECTIVES

The multi-agency SEND panel will:

1.1. Support the Local Authority in making consistent and appropriate decisions within the statutory framework (specifically the Children and Families Act 2014) for special educational needs and disability (SEND) from ages 0-25, including, but not restricted to

  • whether or not to carry out an Education, Health and Care Needs Assessment

  • whether or not to issue an Education Health and Care (EHC) Plan

  • the provision to be specified in an EHC Plan including:

᠆        the type of provision appropriate to meet the child or young person’s needs

᠆        the education, health and care elements of provision,

᠆        the level of funding to be allocated

᠆        the name of the school or setting (where appropriate).

1.2Advise the Local Authority Designated Officer, who will then make a decision, on requests regarding Additional Support Contracts (ASC)which are available for SEN support interventions which cost above the £6000 provided from the School’s Block notional SEN Budget to enable the achievement of specified outcomes through the provision of an enhanced school offer for a time-limited period.

1.3. Advise the Local Authority Designated Officer, who will then decide, on requests or required amendments regarding:

  • Reviews of EHCPs

  • Re-assessments of needs for Adopted EHC Plans

  • Requests for re-assessment of needs.

1.4. Review requests for additional resources not specified in the plan (e.g. OT equipment) and where needed, the LA Designated Officer will discuss with the responsible commissioner (school / LA and / or CCG) to identify the source of funding.

1.5.  In all cases the SEND Panel will have regard to relevant legislation, statutory frameworks, Codes of Practice and non-statutory guidance where relevant, and the Local Authority policies and agreed procedures.

1.6. Each case will be considered on the evidence provided to the Panel; it will be assumed that all relevant information will have been gathered and collated and all reasonable steps will have been taken prior to presentation at the SEND Panel

1.7.  The SEND Panel will have due regard to the efficient use of resources based on need and provision of value for money as required by the Code of Practice.

1.8. All considerations and decisions will relate to the individual circumstances of the child or young person and will be reached in a way that supports the best interests of the child or young person.

1.9. The SEND Panel is advisory and is unable to take decisions. The panel will make recommendations to the Chair of the Panel which the Designated Officer of the LA (if different) will review to come to a decision. The Panel will consider all relevant information provided by parents, carers, children / young people, professionals and other providers involved in each case. In making recommendations, the panel will remain child/young person centred whilst applying the relevant legal test(s), and will use its expertise to make referrals to partners agencies and/or devise ‘next steps’ for the child/young person that the family, educational setting and relevant professionals can take into account when meeting the child/young person’s additional needs.

1.10. Where health or social care provision is outside the provision available within the Local Offer, or where there are costs not solely due to educational reasons, the case will be discussed at the Joint Funding Panel (or equivalent) or agreed between Assistant Directors and Commissioners of the relevant services.

 2. FREQUENCY AND TIMINGS OF PANEL MEETINGS

2.1. The SEND Panel will meet weekly throughout the year as required.

2.2. There may be instances where a reduced number of professionals is able to attend (for example, during holiday periods). Where this is the case, the Chair will decide whether the Panel proceeds and will ensure that all panel members are informed of the cancellation with as much notice as possible.

 3. MEMBERSHIP

3.1. The SEND Panel will usually be chaired by the Head of SEND. Deputy Chairs are the SEND Team Manager, Strategic Lead for Education, Principal Educational Psychologist or Senior Educational Psychologist.

3.2. In addition to the Head of the SEND, the Panel will normally comprise the following officers or representatives:

  • Educational Psychology Service – who will chair the panel section considering requests for EHCNA (panel make recommendations to the Local Authority Designated Officer who will make the final decision)

  • Therapies Service

  • Head of SEN Support

  • Headteacher or SENCO

  • Designated Medical Officer, Clinical Officer or SEN Nurse

  • Designated Social care Officer, Children’s Social Care or Children’s Disability Service

3.3. If a professional is unable to attend, written advice from the above representatives may be submitted; the Chair will decide whether this advice is included in the discussion or not.

3.4. Observers may attend by invitation only and with the agreement of the Chair. They are not permitted to contribute advice, but may ask relevant clarifying questions to develop their understanding of processes and issues. Any observer is required to accept the need for confidentiality and may not attend to observe the progress of any specific case.

3.5. Any member of the Panel who has a direct involvement/conflict of interest in a case must declare this prior to the case being discussed and the Chair will decide the extent to which they can contribute to the case discussion.

 4. INFORMATION TO BE PROVIDED

4.1. Documents supplied to the Panel must be clearly presented and specifically explain, as relevant to the case:

  • what is being presented, ensuring that all required professional advice is provided

  • the reasons for the presentation including the questions and issues that require resolution

  • the options available, with costings

  • the outcomes sought

  • the views and preferences of the parent/carers

  • the views and preferences of the child/young person

  • the outcomes from consultations, discussions or reviews

  • where appropriate or necessary, the informed views of the child or young person’s keyworker

 If relevant evidence and information is unclear or missing, delays in decision making may occur.

4.2. All documentation will be distributed to panel members by secure means four working days in advance by the SEND service. Panel members are required to read all documentation in advance of the meeting and attend ready to share their understanding of the child / young person’s from their professional perspective.

4.3. The SEND Panel will consider all relevant information provided by parents, carers, children / young people, professionals and other providers involved in each case.

4.4. Where it is not possible to reach consensus, the Head of the SEND Service (or the Chair of Panel in liaison with the Head of the SEND Service or other Local Authority officer with delegated responsibility) will determine whether a decision can be made or whether more information is required.

 5. DECISIONS

5.1. Decisions will be based on:

5.2. The duly authorised officer of the Authority can make a different decision to that recommended by the SEND Panel. This will only be in exceptional circumstances and the reasons will be recorded on the summary record sheet and will be reviewed as part of the moderating process.

5.3. The Head of the SEND Service or Strategic Lead for Education can, as a duly authorised officer of the Authority, make a decision without the direct advice of the Panel in exceptional circumstances. The decision-maker, the reasons and the decision will be recorded on the summary record sheet.

 6. RECORDS

6.1. The salient points of the panel discussion, decisions and action points for each case will be recorded on a summary record sheet which is drafted during the meeting.

6.2. Under normal circumstances, decisions will be provided to the parent / young person, setting or school (where relevant) and the requester (if different). This will normally be within five working days of the SEND Panel convening.

6.3. Professionals attending the SEND Panel will manage the information provided to them in an appropriate and confidential manner at all times, including confidential storage and disposal of all papers and records relating to any cases.

6.4. Although professionals attending the SEND Panel may draw learning from the cases discussed, no identifying facts can be included in any notes or records that are taken away, or in any discussions or records following the SEND Panel.