SEN Statutory Panel Arrangements
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SEN Statutory Panel Arrangements
Service Group:
Special Educational Needs
Contact Details:
Alison Trott
SEN Statutory Services Manager
[email protected]
01823 355847
Produced by the Children and Young People's Directorate of Somerset County Council
Whilst Somerset County Council makes every effort to ensure accuracy of content, it cannot accept liability for
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September 2009
These arrangements have been reviewed and amended in January 2014.
Please see attached sheets.
SPECIAL EDUCATIONAL NEEDS
SEN STATUTORY PANEL ARRANGEMENTS
GUIDANCE NOTES TO EXPLAIN ITS PURPOSE,
REMIT AND ROLE FOR ATTENDEES.
All panel members to have due regard to:
1996 Education Act to be replaced by Children and Families Act 2014
SEN Code of Practice 2001 (and all related guidance and Statutory
Instruments) to be replaced by SEN code of Practice 2014
SEN Code of Practice Toolkit as part of 2001 Code of Practice
Somerset SEN Framework September 2013
Provision arrangements across the County
CONTENTS

Attendees

Briefing

Annex 1
SEN Statutory Panel Arrangements

Annex 2
Roles and Responsibilities

Annex 3
Agenda/References

Annex 4
Relationship between SEN Statutory Panel and Permanently
Excluded and Vulnerable Panel

Annex 5
The Placement Panel (Stage 2 of decision-making process)
Attendees (From January 2014):
SEN Statutory Services and Transition Manager (Chair)
SEN Casework Service Manager
SEN Casework Officers
Assistant Casework Officer (Clerk)
EPS Team Representative
SEN Support Service Representative
Headteacher Representatives (SAHSP, SAPHTO, SASH) and or deputies
Alternative Provision Centre (SENCO or manager)
SENCO representative (SENCO/Officers Group)
16 to 25 Commissioning Officer as appropriate
(Other attendees as agreed only through the Chair)
Children’s Social Care manager (as advised)
SEN STATUTORY PANEL ARRANGEMENTS
Introduction: Briefing Note for Attendees:
1.
SEN Statutory Panel supports and advises the Local Authority in making
decisions relating to the 1996 Education Act and the SEN Code of Practice.
It relates directly to statutory functions and arrangements (Chapters 7
and 8 of the SEN Code). Current statute and statutory guidance will be
replaced in line with the Children and Families Act 2014 leading to and as
from September 2014.
Each member is an equal participant, whose evidence based views are
equally valued and considered.
The decision making process of the Local Authority occurs through robust
and objective consideration of clear evidence supported by advice from
the Panel. The Panel does not offer a case conference function. Part of
the evidence it reviews needs to be the outcomes of such multiagency
discussions. Cases with insufficient evidence will be deferred.
The Somerset SEN Framework sets out the guidance criteria for carrying
out a statutory assessment and writing a Statement alongside the SEN
Code of Practice.
No late or verbal cases can be raised at the panel but must go through the
above process and be prioritised through the relevant Casework Officer,
as the single point of contact.
If members want to see the papers prior to the meeting they should make
the request in good time on the understanding that casework officers may
not have yet written the summary front sheet.
The Panel itself will meet promptly at 1.00 pm.
2.
Decisions are made in relation to:

requests for initiation of statutory SEN Assessments;

deciding whether to issue a Statement of SEN/Note in Lieu,
(Education, Health and Care Plan EHC Plan as from September
2014)

monitoring the process of statements / EHC Plans as they are
finalised

deciding on contents of Statements of SEN / EHC Plans;

Special Educational Needs and Disability Tribunal issues;

SEN provision arrangements:
- move in/out of County for pupils with Statement / EHC Plan
- outcomes of SEN Annual Review for those with statements / EHC
Plan;

all other related SEN Code of Practice issues.

The Panel tracks children/young people with Statements/ EHC Plans
missing from education. Individuals remain on the Panel agenda
until a suitable provision is secured or another LA takes
responsibility.
3.
Where the SEN Statutory panel is not able to recommend a maintained
school placement (or alternative maintained placement) to be named in
Part 4 of a Statement of SEN, / EHC Plan, it refers the decision to Stage 2
of the Local Authority decision-making process. (Annex 5)
4.
The agenda structure is set out in Annex 1.
5.
Respective roles and responsibilities of attendees are set out in Annex 2
and apply to all Panel members.
6.
All details/papers circulated and discussed in the Panel remain confidential
to the meeting.
7.
Minutes are not taken but a record of all decisions and other
recommendations are made and circulated to attendees. Where
appropriate, decisions are referenced to either the 1996 Education Act or
the Code of Practice 2001 (from September 2014 the Children and
Families Act and associated Code of Practice and regulations).
ANNEX 1
SEN STATUTORY PANEL MEETING ARRANGEMENTS
The full panel meets at County Hall, Taunton every Tuesday (1.00 pm – 5.30
pm) except for part of school holiday periods. There will be either three or four
meetings over the Summer break, one at Easter and all half term breaks.
NB:
Agenda (which includes venue) circulated to all attendees in the preceding
week.
All administrative arrangements are managed through the Assistant Case
Worker (ACWO). Service Managers are requested to advise the ACWO of
any changes in representatives.
Timetable
12.50 pm - 1.00 pm
Panel attendees arrive (refreshments available) for a
prompt 1.00 pm start.
1.00 pm - 1.05 pm
Chair welcomes visitors.
1.05 pm onwards
The order for the Complex Panel will be as follows:
The agenda will follow through Sections 1 - 13 (see
Annex 3) unless alternative arrangements have been
agreed in advance with the Chair.
Each case for consideration will be presented by the
Caseworker to set out key background details, eg,
name, age, address, school/provision, status (CiC),
current resources/supports provided, key factors that
the panel should know. This will be summarised on a
standard sheet to introduce the case. The evidence
base (reports collected during the statutory
assessment, review, etc) will be circulated amongst
the panel. In this way the Caseworker provides the
background with attendees scrutinising the evidence in
open forum.
2.45 pm – 3.00 pm
Break and refreshments.
3.00 pm
Panel reconvenes through to closure of cases.
5.30 pm
Panel ends.
NB:
1.
Notes of decisions are circulated via email to attendees, two days
after the panel and are formally actioned by the Casework Team.
2.
There should be no public disclosure of a decision made at the
panel other than through the Casework Officer unless agreed
otherwise at the Panel.
3.
All paperwork to be retained by the Casework Team.
4.
Whenever a case is discussed linked to the school of an attending
head teacher/ SENCo, the head teacher / SENCo may wish to
withdraw from the panel for that case, remain in the meeting but
take no part in discussion or contribute having declared their
interest.
5.
Children’s Social Care (CSC) representative are invited to attend
Panel. Cases concerning a child in care to Somerset or other LA, will
be discussed at all meetings unless cases specifically require CSC
attendance. The casework officer with responsibility for children in
care will liaise with children social care as appropriate to ensure
relevant information is presented to panel.
ANNEX 2
SEN STATUTORY PANEL - ROLES AND RESPONSIBILITIES
OF ATTENDEES
In order for the panel to provide objective and evidence based advice to the
Local Authority, each member of the panel should be aware of respective roles
and responsibilities and ground rules. This is particularly important in the event
of weekly changes in personnel. It is presumed that each member of the panel
will contribute to the analysis of the evidence against criteria and policy and
participate in problem-solving (solution finding) around pupil needs and
provision. Where an attendee has particular personal knowledge of the child,
the views expressed must be based on the written evidence available. Attendees
in this position have the option not to engage in the discussion or to be guided
by the chair having declared their interest. All participants bring unique
professional perspectives and have an equal role in giving evidence based
objective views. Only those tasks which seem specific to a particular role have
been highlighted.
Chairperson
(Designated LA decision-maker)

is knowledgeable of the county and national policy and criteria underpinning
decisions of the SEN Statutory Panel;

encourages discussion of issues but sets appropriate parameters;

maintains pace and clarity of purpose of discussions;

encourages reference to available evidence and discourages anecdotal
discussions;

plans the meeting to fairly incorporate the balance of cases on the agenda
and priorities of panel members;

schedules a refreshment break;

makes the formal decision for each and every case, including referrals to
Stage 2 of the decision-making process, the Placement Panel;

checks that minutes are recorded accurately and in sufficient detail so that
other people can action them;

supports the collation of data to check for trends (inter-area/referral type,
etc);

feeds back any blocks, gaps in provision, policy issues into Vulnerable
Learners Management Group;

signs off notes of every meeting before circulation.
SEN Casework Manager

may deputise as chair of the panel;

decides how to deploy casework team in order to carry out functions of the
SEN Statutory Panel including admin support;

oversees data collection from SEN Statutory Panel, to provide feedback to
Vulnerable Learners Leadership;

refers the SEN Statutory Panel to statutory/legal issues as necessary;

is a consistent member of panel and can make reference to knowledge and
experience from other meetings attended;

collates and disseminates provision type and vacancies information for
reference at the SEN Statutory Panel;

ensures that systems/processes are in accordance with statutory duties as
defined in related guidance;

advises the panel as to current resource allocations, eg, High Needs Funding.
Casework Officer (SEN)

is the single point of contact for all agenda items and referrals;

requests information from schools, compiles it and prepares case for
consideration (with support from Admin team);

is familiar with the evidence base so that it can be referred to in the
discussions;

makes reference to evidence of Additional Needs and High Needs Funding
arrangements;

guides the panel members through the background to the case, supported by
a comprehensive summary sheet;

follows-up any requests for further information (with support from Admin
team);

highlights to the panel the stated parent and child views.
Educational Psychologist

Essential to be in attendance for consideration of requests for assessment
and whether to issue a Statement of SEN or a Note in Lieu of a Statement /
EHC Plan;

Supports panel in understanding of particular assessment data and of
educational psychology advice
Head Teacher Representative

Acts as a link to SASH, SAPHTO or SAHSP;

Provides perspective of schools to the case under discussion.
Administrative Support (Assistant Casework Officer)

prepares the agenda, organise the venue and circulates details and arranges
refreshments;

checks understanding of agreed action with chair if required.
SEN Alternative Provision Centre (APC)

Provides information about progress of children under statutory process
referred to the APC;

Provides information to panel about the service.
Other Panel Members

participate in discussions and brings professional experience and knowledge
from own area;

remind the SEN Statutory Panel of issue of policy/practice and funding from
own sector that are relevant;

are in a position to action initiatives agreed at panel if required;

provide a link between own service and SEN Statutory Panel so that there is
greater understanding of the scope and nature of the process;

feed back any issues pertinent to service delivery/policy in own sector.
Visitors
Panel may receive a request for attendance through the appropriate manager for
a colleague to attend for their professional development. If agreed, then:

the panel member or manager is responsible for briefing the attendee on the
role of the panel beforehand and debriefing them afterwards;

visitors are encouraged to contribute to discussion from their professional
perspective.
ANNEX 3
The descriptions below set out the various sections which are included in the
SEN Statutory Panel Agenda. (All references are to SEN Code of Practice 2001 /
2014. The final SEN Code of Practice has not been published at the time of
writing so only the 2001 code is referenced below):
1.
Requests for Assessment. (Paragraphs 7.55 to 7.67)
2a.
Statement/Note in Lieu Decisions. (Paragraphs 7.86 - 7.90 and
Paragraphs 8.13 - 8.15)
2b.
Consideration (as required) of all current draft Statements. (Paragraphs
8.105 - 8.110)
3a.
SEN Tribunals expected (Reference Education Act 1996 Failure to assess
ss329, 329A, Refusal to make a Statement ss325, Contents of a
Statement ss326, Placement Schedule 27 and Section 9, Cease to
maintain, Para 11, Schedule 27.)
3b.
SEN Tribunals logged. (Reference Education Act 1996 Failure to assess
ss329, 329A, Refusal to make a Statement ss325, Contents of a
Statement ss326, Placement Schedule 27 and Section 9, Cease to
maintain, Para 11, Schedule 27.)
3c.
Actioning orders of tribunals (ref Tribunal Service Guidance)
4.
Placement Decisions. (Paragraphs 8.58 - 8.104)
5.
Transfers into County. (Paragraphs 8.113 - 8.115)
6.
Resource Decisions.
7.
Moves out of County. (8.113 -8.115)
8.
Joint funding
9.
Miscellaneous.
10A. Pupils Missing from Education
10B. No provision
11.
Cease to Maintain
12.
Transport issues
13.
Non statemented children (eg POMS)
Good News.
ANNEX 4
Note on the relationship between SEN Statutory Panel (and the
Area Permanent Exclusion and Vulnerable Pupils Panels (PEVP)
Introduction
Function
SEN Statutory Panel
Permanent Exclusion
and Vulnerable
Pupils Panel
Statutory
Advises the Local Authority on all
statutory decisions set out in the
SEN Code of Practice - beginning
with statutory assessment,
deciding to write a Statement or
Note in Lieu / EHC Plan and
school placement.
No statutory decisions.
Placements
within Schools
Identifies the school to be named
in the Final Statement / EHC Plan
following statutory assessment.
Schools are consulted before
decision is made (Schedule 27);
and parental preference is very
important in identifying school
placement (para 8.62 SEN C of P)
The final decision is then binding
on the school governors. NB there
is the possibility that the law with
regard to statutory SEN may
conflict with and over ride the Fair
Access Protocol.
Placement decisions
made within the agreed
Fair Access Protocol,
including equitable
share arrangements.
Placement within
a) PRU
b) Alternative
Provision
a) Panel will consult with area
PEVP on placement before making
a final decision to name PRU in
tteh Statement / EHC Plan.
b) Referral to APC can be made
by SEN Statutory Panel. High
Needs Funding to follow the child.
Area PEVP make this
decision in line with Fair
Access protocol.
Funding
Arrangements
Panel may decide to allocate High
Needs Funding dependent on
identified need, and will also set
end dates, and date for next
application for funding.
For permanently
excluded pupils,
available funding is:



PRG of £2,500.
Pro rata AWPU.
Pro rata of
remaining High
Needs funding.
Function
SEN Statutory Panel
Permanent Exclusion
and Vulnerable
Pupils Panel
Transport
Panel will consider transport
implications of placements against
current SEN Transport policy,
agreeing transport as necessary.
Note transport
implications of
decisions.
Quality
Assurance
Strategic Manager for Vulnerable
Learners quality assures SEN
Statutory Panel process through
weekly scrutiny of decisions and
six monthly monitoring of
attendance at panel.
Strategic Manager for
Vulnerable Learners has
overall quality control,
but Service Manager for
Admissions and
Entitlements quality
assures area PEVP
meetings through
chairing all panels.
Legislative
Background
1996 Education Act
SEN Code of Practice 2001
Disability Discrimination Act 1995
(as amended by the SEN and
Disability Act 2001 & Equalities
Act 2010).
From September 2014; Children
and Families Act 2014 and
associated regulations and Code
of Practice
1996 Education Act
SEN Code of Practice
2001/ Children and
Families Act 2014.
Equality Act 2010.
DCSF Hard to Place
Guidance 2004
DCSF School
Admissions Code
2007, including Fair
Access Protocol
SEN Statutory Panel
Arrangements (amended January
2014)
Somerset SEN Framework
(September 2013)
Somerset Fair Access
Protocol on the
admission of excluded
and vulnerable pupils
(September 2008)
Somerset
Guidance
(Documents
available on the
EIS website)
CCP
PEVP
Request for statutory
assessment
Yes
Consider view from alternative
provision to request statutory
assessment
No
Yes
Parent, school,
alternative
provision
LA decide whether to write a
Statement / EHC Plan
No
Note in
Lieu
Yes
LA write Statement
/EHC Plan and
minded to name
alternative provision
Panel consider
PEVP views
LA, advised by SEN
Stat Panel make
placement decision
0709t012edo
Consult with
PEVP
Consider provisional
decision
Comments
Decision
PEVP note
decision
No
PEVP advise on
future provision
if requested
ANNEX 5
Placement Panel
Stage 2 Panel of the Local Authority’s decision-making process
Where the SEN Statutory Panel are not able to identify a maintained school
placement (or alternative maintained placement) in a Statement if SEN EHC
Plan, the Chair of the Panel will refer the decision to the Placement Panel.
The SEN Statutory Panel will also refer cases to the Placement Panel when
parents have logged an appeal with the Special Educational Needs and Disability
Tribunal for placements in independent special schools.
The Placement Panel meets monthly and is attended by:





A Service Director (currently head of CSC) (CHAIR)
Group Manager, Residential, Placements and Crisis Intervention.
Manager Fostering Services
Finance Manager, Children’s Social Care..
SEN Statutory Services manager
The Panel considers long-term placements in independent special schools,
residential homes and independent foster care placements / arrangements.
Terms of reference are available for this group. Evidence of the need for the
placement is provided by the relevant service. In the case of Tribunal cases the
panel will consider the evidence gathered for the Local Authority’s response in
opposing the appeal.
With regard to cases brought by SEN, casework officers produce a briefing note
summarising the position. The key points are included in the agenda in tablature
form and the decisions are recorded alongside.
The Panel considers jointly planned local alternatives before making a decision
on future placement in line with the requirements of the 1996 Education Act /
Children and Families Act 2014.
The panel monitors the ‘Forecast Out County Budget position’ spreadsheet
noting pressures on the three component budgets:



SEN.
Children’s Social Care.
Pooled Budget.
The panel will also recommend joint planning in individual cases as an
alternative to independent specialist placements.