Personal budgets and mediation part of “biggest reform of SEN for 30 years”

Parents will be given a new legal right to control personal budgets for children with special educational needs (SEN), the Government has announced.

The Department for Education said this meant parents could “choose the expert support that is right for their child, instead of local authorities being the sole provider”.

The legal right is one of a series of measures billed as “the biggest reform of SEN for 30 years”.

The proposals – contained in the DfE’s response to its March 2011 Support and Aspiration Green Paper – will also see the introduction of mediation before Tribunal for disputes and a trial giving children the right to appeal if they are unhappy with their support.

Health, education and social care services will meanwhile be required to work together.

The Department argued that this legal requirement would mean that when children are assessed, parents would be assured they will get full provision to address the children’s needs.

The DfE claimed that it was often not clear to parents and local services who is responsible for delivering on the statement of SEN.

Other measures expected to go in the Children and Families Bill include:

• The replacement of SEN statements and separate learning difficulty assessments (for older children) with a single birth to 25 years assessment process and education, health and care plan from 2014;
• The provision of statutory protections comparable to those currently associated with a statement of SEN to up to 25-years-old in further education;
• A requirement for local authorities and health services to link up services for disabled children and young people, ensuring joint planning and commissioning;
• A requirement for local authorities to publish a “local offer” showing the support available to disabled children and young people and those with SEN, and their families;
• A new legal right for children to seek a place at state academies and free schools. This is currently limited to maintained mainstream and special schools. Local authorities would have to name the parent’s preferred school “so long it was suitable for the child, did not prejudice the education of other children or did not mean an inefficient use of funds”.

Children’s Minister Sarah Teather said: “The current system is outdated and not fit for purpose. Thousands of families have had to battle for months, even years, with different agencies to get the specialist care their children need. It is unacceptable they are forced to go from pillar to post, facing agonising delays and bureaucracy to get support, therapy and equipment.

“These reforms will put parents in charge. We trust parents to do the right thing for their own child because they know what is best. The right to a personal budget will give them real choice and control of care, instead of councils and health services dictating how they get support.”

The minister also claimed it would be “a huge step forward” to require health, education and care services work together.

The DfE’s changes are already being piloted in 20 local pathfinders. Interim evaluation reports are expected in summer and late autumn this year with a final report in 2013.