SEND Review Follow up to Questions from RSNs

What is happening to future EOTAS packages, especially those post-16 and post-19?

• Current legislation remains in place and a local authority may continue to put in place education otherwise than at a school or college provision under section 61 of the Children and Families Act 2014, where it is satisfied that it would be inappropriate for the provision to be made in a school or college.
• The consultation proposes the introduction of specialist provision packages for all children and young people with complex needs. These packages will recognise and address needs which currently can lead to education outside of school being deemed appropriate, including, for example, a ‘Social and emotional development focused on internalising behaviours’ package. The department is appointing an independent expert panel who will advise on content and delivery of the packages. Decisions on the proposals will be informed by responses to the consultation including engagement events focussed on the use of EOTAS provision.

We note that Connect to Work is now being advertised for 16–18-year-olds, will that affect EHCP’s being continued?

• For most 16–18-year-olds, including those with EHCPs, education and training should take priority over employment programmes. This includes study programmes, supported internships, and apprenticeships. However, this may provide an alternative route for a few who may struggle to engage with other options.
• Young people with an EHCP are a key group who may be considered for Connect to Work, because they often have recognised special educational needs and/or disabilities that create barriers to employment. However, having an EHCP does not automatically make a young person eligible. They must still meet the programme’s wider eligibility and suitability criteria.

What classes as complex needs - is there a breakdown or menu-card so parents understand which “box” their young person is being placed in?

• In the consultation, “complex needs” refers to children and young people who require specialist‑level support. Rather than setting a single definition, complexity will be defined through the Specialist Provision Packages, each of which will clearly describe the needs it is intended to support. Broadly, complex needs are significant and long‑term needs that cannot be met in mainstream classrooms alone, even with enhanced SEN support. This includes children who need a substantially different curriculum, a significantly adapted way of accessing the curriculum, or a high level of specialist support, adaptations or equipment.
• In future, a statutory needs assessment will be based on whether a child or young person needs the provision set out in one of the Specialist Provision Packages. We will ensure that the packages are broad enough, to ensure that each individual child or young person will have their specific needs met through the provision they receive from the Package. This individualisation and personalisation will be captured in their EHCP.
• The Packages will reflect the best available evidence from both research and practice. They will be developed by sector experts, including specialist and mainstream headteachers and MAT leaders, local authority commissioners and specialist practitioners such as EPs, SaLTs and OTs. An independent expert panel will oversee the development of the Packages and keep them under review. We will work closely with families throughout this process.
• The SEND consultation includes a draft outline of seven Specialist Provision Packages. These packages are indicative, developed by specialist sector experts, and are expected to evolve. Descriptions of the Packages may change, and additional packages may be introduced to cover the full range of support needed by children and young people with complex needs.