SENDIASS Spotlight

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SENDIASS update

We are currently very busy on our Helpline and we have long wait times for a Caseworker, we have a vast amount of information on our website that may be able to answer some questions you have about what time frames are attached to certain processes, how to complete forms related to EHCPs or Tribunal and what your child/young person’s legal rights are in education.
Please look at our website via this link to see if it’s able to help and answer your questions:
Visit our Information zone

Transport

Section 508B of the Education Act 1996 states that Local authorities are required to arrange free, suitable, home to school transport for children of compulsory school age who are eligible, to their nearest suitable qualifying school.
There are four categories for Eligible Children:

• Children with SEN, a disability or a mobility difficulty
• Children whose route to school is unsafe
• Children who live beyond the statutory walking distance
• Children from low-income families

A qualifying school is a:
• Maintained (publicly funded) school or nursery
• Non-maintained special school
• Pupil referral unit
• University Technical College
• An Academy

An independent school can also be a qualifying school if it is in Section I of the EHC plan and there are no comments saying parents will provide transport.

Home to school travel arrangements, in relation to an eligible child, are travel arrangements in both directions between the child’s home and the relevant educational establishment.

The Home to School Travel and Transport Guidance (paras 34 and 35) defines suitable travel arrangements. In particular:

• They must enable an eligible child to reach school without such stress, strain or difficulty that they would be prevented from benefiting from the education provided.
• They must enable the child to travel in reasonable safety and comfort although this does not necessarily mean a door-to-door service.
• The home to school travel guidance suggests a maximum reasonable journey times of 45 minutes for primary school children, and 75 minutes for secondary school children

If a child has special educational needs (SEN), a disability or mobility problems which means they cannot reasonably be expected to walk to school, then they are an ‘eligible child’ and are entitled to home to school transport. This is only if the LA has made no suitable arrangements for attendance at a nearer school.

The legal definition for what walking distance is defined as two miles for under eights and three miles for those eight and over. This is measured by the nearest and safest route for the child to walk accompanied.

If your child has SEN, a disability or a mobility problem then walking them to school may not be safe or manageable. If this is the case, then your child may be eligible for free home to school transport even if the school is within the statutory walking distance.
If a school is named in Section I of the EHCP and the Local Authority have agreed that this school can meet the child’s needs, they should provide the transport to that school unless stated otherwise.

If you would like to discuss transport in greater detail, please book an appointment to speak with an Adviser via our website.

Caselaw update

High Courts and Upper Tier Tribunals can make rulings on parts of the law that need clarifying (the grey areas), those rulings are called ‘Case Law’.

Following a Case Law ruling all other Courts and Tribunals then have to follow this and it takes precedent over what the law says.
Kumar v LB Hillingdon [2020]

This case relates to Regulation 38(1) of The SEND Regulations 2014 which explains who can attend a mediation meeting following a refusal to assess, a refusal to issue or the issuing of a final plan that the family are unhappy with. The LA have a legal duty to arrange and attend mediation for one of the above reasons under Section 53 of the Children and Families Act 2014.

Regulation 38(1) of The SEND Regulations 2014 explains who can attend the mediation. This includes any “advocate or other supporter” that a parent/carer, child or young person wish to attend, and they do not need the LA or mediator’s consent for them to join. This case looked specifically at whether a parent’s ‘advocate or other supporter’ could be a lawyer.

In this case the LA argued that an advocate is different from a lawyer and therefore a parent is not entitled to bring a lawyer to mediation without consent.

The Judge disagreed and said there is nothing in the law which allows an LA to control who parent/carers, children or young people bring with them for support or to refuse to participate in the mediation if it is unhappy with who has been chosen.

This ruling means that a parent/carer, child or young person can choose whoever they want to support them through a mediation without the LA being able to disagree or refuse to participate.

An advocate, lawyer or other support is not needed at a mediation but if a parent/carer, child or young person would like one (at their own cost if the person charges a fee) then they have a right to have one.

Please look at the below link that gives more information about mediation:

Mediation | Norfolk SENDIASS

SENDIAS Advisors

As a SENDIAS Advisor, our role is to provide impartial and confidential information, advice, and support to children, young people, and their families regarding special educational needs and disabilities (SEND) in education and health and social care where it impacts on education.

We work independently from the Local Authority and Health Services to ensure the information and advise provided is unbiased and based on what the law states. We seek to carefully consider questions, concerns and provide clear, impartial and accurate information about your rights and options.

We look to empower the families we work with, and support them in making informed decisions.

To access support from a SENDIAS Advisor you will firstly need to speak to our Helpline Advisor via a booked telephone appointment. Please be aware at the moment there is a wait list for support, additional support via One off support and Casework is subject to capacity and criteria. You can find out more about how we can help via our website.

Who are we and how can we help? | Norfolk SENDIASS

Youth Forum update

This month on a hot and sticky evening we had x6 young people attend our monthly online meeting.

We were thrilled to hear from Lily and Reece about a SEND participation day arranged by the NCC Participation Team which took place in half-term, and which they attended. They both really enjoyed all the activities, sharing their views and experiences, and meeting other young people from other participation groups.

We shared information about Norfolk SENDIASS with members, as we are keen to work with young people to promote the service and collaborate with young people to develop our resources for young people specifically.

We are immensely proud of three members, who have volunteered to speak at the next NCC SEND roadshow, taking place at County Hall, Norwich, this Friday, 27^th June. Lily will be attending in person, and Isaac and Charlotte are recording themselves talking about their experiences, and why they joined the Youth Forum!! If you are attending, please listen in and support them!!!

We next meet, in person, in July at County Hall, where we will be reviewing our work over the last year, and planning our projects and activities for the coming year.

If you would like to join this group, please complete an online Registration form, via the SENDIASS website, as new members are always very welcome!!!

Bridget Robinson, Engagement and Advice worker

CLICK TO REGISTER ONLINE

Engagement and Advice update

Goodbye to Jo

Our newsletter starts with some news about our team. This month we said goodbye to our team member Jo who has moved on to a new role. She was a wonderful member of the team and supported a huge number of children and young people to have their voice heard, and many parents through different SEND processes. We wish her all the best for the future.

Advice drop-in with Family Action

This month we ran an advice drop-in at Gorleston Library alongside Family Action. The session was a great success, with many parents able to book a 1:1 advice session with our advisor. All parents had a warm welcome from professionals who worked for Family Action, Family Hubs and the School and Community Team. They had the chance to have a cuppa and a chat, and even some chocolate! Thanks to Family Action for hosting the session and providing the refreshments. We are hoping to run sessions like this again and would always welcome invitations from other professionals who would like us to attend a coffee morning that they run.

Year 6 Transitions

This month we have been running Year 6 transition workshops at Primary schools in the Great Yarmouth area. The sessions have supported children in understanding their rights and the importance of having their views, wishes and feelings heard. We have played games, created our own fidget toys and had lots of interesting discussions. Each child has created a Support Passport which will be passed to their high school as part of their transition so that their new teachers know more about the support that works for them.

We are keen to support more children and young people to have their voice heard, if you work with a group that you think would be interested in some training around their rights, please get in touch on the email at the bottom of this newsletter.

Library drop-ins

Library drop-ins will continue during the summer holidays and, where we can, we are inviting other professionals along to offer support to parents. The calendar for July is being added to as bookings are made so keep checking back to find out where we are going to be. The library drop-ins offer the chance to talk to one of our advisors and get some next steps advice. As the drop-ins are run in the public space in the library, we cannot guarantee privacy but we do our best to find a quiet spot to sit. The drop-in sessions run on a first-come-first-served basis, so please be patient if you have to wait for a chat. Here is the link to our events calendar: Engagement and Advice Library drop in sessions and outreach | Norfolk SENDIASS

Remember, if you would like to get in touch with the Engagement and Advice Team to invite us to an event or a coffee morning, or just to find out more about the kind of support we can offer, you can email us on: nsendiassengagement@norfolk.gov.uk

Book recommendations

Book Recommendations

Books are a great resource from local libraries in Norfolk. They can help and support children and young people with SEND, whilst creating a safe space for family communication. There are many books that can support this. Below are a few examples, and you can discover even more for free, from your local library.

Believe in Me, living with a learning disability - Natalie Duo

Whether you dream of being a popstar, activist, dancer, actor, baker, or athlete, a learning disability is no barrier. Written by Natalie Duo, a Mencap ambassador with a learning disability, this book shares her challenges growing up and in daily life. It offers insights into the impact of learning disabilities and advice on understanding, supporting, and being an ally.

I am you are – Ashley Harris Whaley

Authored by disability activist Ashley Harris Whaley, this powerful and practical resource supports children, parents, teachers, and carers. It explains what disability is and why it should be celebrated, helping both children and adults engage in meaningful discussions about disability and ableism.

This is me! – George Webster

Meet George, a little boy eager to share his story. George has Down syndrome, but he knows it's just one part of who he is. There are so many wonderful things that make George unique and special.

You are brave – Margaret O’Hair (Inspired by Sofia Sanchez)

An inspiring picture book by Sofia Sanchez, a model, actress, and advocate for Down Syndrome. 'You Are Brave' teaches that being different doesn't hinder success. It encourages children to discover their self-worth, overcome obstacles, and show their bravery to the world.

Where can you find us?

Come see us at the FREE Swaffham Family Fun Day on the 23^rd July and the FREE Making Sense of SEND Event on the 27^th June at County Hall:

Contact

Contact provide 1-1 telephone appointments with a family support adviser for parent/carers looking for a listening ear, reassurance and practical and emotional support. Appointments are 45 minutes long and it’s important that you book a time and date that you know you will be free to talk, are somewhere that you feel safe and is quiet so that you can get the most out of the time you have.

If you would like to use Contact’s listening ear service, please follow the link below to book an appointment.

Listening Ear | Contact

ASD Helping Hands

ASD Helping Hands is gathering feedback as part of it’s work on the Norfolk All Age Autism Strategy about what could make GP surgeries more comfortable for autistic people when visiting.

If this is something you’ve had experience of and would like to provide some feedback, please complete this short survey:
Reasonable Adjustments in General Practice Survey

SENDIASS Spotlight - June 25

Sections

SENDIASS update

Transport

Caselaw update