Draft Code of Practice – initial RNIB
thoughts
These are our preliminary thoughts on the draft Code which we are
sharing to inform discussion and to encourage responses from
parents and professionals. We will be refining our views in coming
weeks before we respond to the Government Consultation; we
welcome any feedback that you might have via
[email protected]
Overall
Improvements:
 The new draft Code offers greater clarity and reassurance on
the replacement for School Action and School Action Plus.
 More information has been given on access to specialist
support from birth at home, and how early years providers
will help children with special needs.
 The new draft specifically mentions that QTVIs must be
involved in assessments and re-assessments for the new
Education, Health and Care Plans (EHC)
Ongoing concerns:
 The proposed "local offer" requires local authorities to set out
what services they ‘expect’ to be available locally for CYP
with SEN. However the new Code fails to mention how the
"offer" will ensure that the support people get does not
depend on where they live.
 Support under the new Code cuts off when a young person
starts university. RNIB says that all young people up to age
25 should receive support.
 The commitment to involving specialist services is stronger
for school age CYP than for those in FE. RNIB says
specialist support should be equally available from 0-25
according to need.
The consultation closes on 9 December. You can contribute
through the DfE website via the short URL bit.ly/1aRFoy1
RNIB – supporting blind and partially sighted people
Registered charity number 226227
Individual comments
Page No.
Issue
Chapter 3 A family centred
system
21 - 23
'Impartial information,
advice and support'
Section
3.3
This confirms that LAs
must provide impartial
information, advice and
support, what should
be offered and how
(via a single access
point).
Chapter 4 Working together
across education,
health and care
32/33
Adult social care: 'the
Care Bill…makes clear
Section
that children's and
4.2
adult's services must
work closely together.
Specifically, the Bill will
ensure that young
adults are not left
without care and
support as they make
the transition between
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RNIB Comment
Parents sometimes have
difficulty knowing where to
look for relevant information
and they are often dependent
on the school to provide this.
RNIB believes that parents
should be made aware of their
right to an assessment by a
specialist in vision impairment
(VI). Schools and other
providers should have good
links with LA support services
to understand what they can
offer and we believe there
should be a stronger
reference in the Code of
Practice to the responsibilities
of schools in ensuring that
parents are signposted to
appropriate sources of
information and advice.
RNIB believes that more
emphasis should be placed on
enabling young people who
have 'dropped out' of the
system to re-enter. For
example, we have evidence
that this affects young people
with VI who move out of the
home area to college or
university, may have to drop
out because the course fails
child and adult social
care and support
systems'.
This confirms that
children and adult
services should work
together for young
people (YP) with an
EHC Plan to ensure a
smooth transition.
38
Section
4.4
41
them, move back home and
then become isolated as they
have an unmet need for
mobility and independence
training.
Regional collaboration:
meeting the needs of
children and young
people with highly
specialist needs:
'Partners should
actively consider the
economies of scale
and other benefits that
come with information
sharing, strategic
planning and
commissioning across
groups of authorities or
at a regional
level…..where there
may not be enough
children or YP living
locally to make a
service sustainable'.
Vision impairment, like dual
sensory loss, is a low
incidence, high impact
disability. Regional
commissioning is very
relevant to VI in the current
context of VI service reviews
and cuts to LA budgets. RNIB
supports the government's
thrust to encourage local
authorities to work
collaboratively on a regional
basis to offer enhanced levels
of provision beyond that which
any of them could offer
individually. However, we
believe that such collaboration
should be over and above a
minimum standard of local
offer, in order that parents
enjoy genuine choice and are
not forced to fight for their
children to be educated
outside their local authority,
often in high cost, specialist
school settings.
'Joint commissioning
RNIB believes that young
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Para 2
arrangements must
consider the needs of
children and young
people with SEN as
they prepare for adult
life. This includes
provision to help
prepare them for
independent living….'
Chapter 5 The local offer
42-44
This is an important
section of the Code
covering the nature
and scope of the local
offer as well as how it
should be developed
and reviewed
45
Para 1
'Mainstream schools
and colleges, including
academies and free
schools, must use their
best endeavours to
secure the special
educational provision
called for by a child's
or young person's
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people with VI, including those
who do not have an EHC Plan
and those entering university,
should have access to
mobility and independence
training. Research shows that
inadequate mobility support is
an emerging theme and is an
issue identified for many
young people with VI at
university. If the new
legislation is to truly support
the aspirations of young
people, this duty must be put
in place for all.
RNIB welcomes the greater
clarity provided on the local
offer since the first draft.
However, we remain
concerned that there is no
common framework provided
which will make it difficult to
compare the local offer of one
LA against another. We also
query why there is no mention
of funding in the requirements
for what is included in the
local offer.
RNIB welcomes this approach
as it is important that schools
and LAs do not have to use
the EHC plan as the only
statutory route to SEN
support. However, we
continue to have concerns
about the capacity for local
services to deliver effectively
47
Bullet 1
needs…They have a
duty to identify, assess
and make special
educational provision
for all children and
young people with
SEN, whether or not
they have an EHC
plan. If they can show
that a child or young
person with SEN
requires special
educational provision
that costs more than a
certain threshold they
can ask the local
authority to provide
top-up funding to meet
that extra cost,
whether or not the
child has an EHC plan.'
for a population of CYP with
such low incidence needs,
especially at a time of drastic
cuts to LA funding.
Other education
provision: 'Information
about educational
provision should also
include: 'The special
education provision
(such as…sensory
support services or
specialist teachers)
made available to
mainstream schools,
early years providers,
special units,
alternative provision
and other settings
(including home based
services), whether
provided by the local
RNIB welcomes this reference
to sensory services as a
source of support to children
and young people with vision
impairment, wherever they are
based. Parents of children
and young people have said
that they would like
information in the local offer to
be presented by type of need,
so that they can see clearly
what support is available for
children with VI.
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A consistent approach to the
provision of assistive
technology to complete work
at home also remains an
issue and RNIB would
welcome explicit reference to
this in the local offer.
authority or others.'
49
Training and
apprenticeships: 'The
local offer…should
include information
about additional
support available to
young people - for
example….Access to
Work fund…'
RNIB would expect LAs to
provide this information in the
context of their duty to 'identify
training opportunities,
apprenticeships, traineeships
and supported internships
available to young people in
the area to provide a smooth
transition from education to
employment.'
51
'Participating in the
community….'
RNIB welcomes the emphasis
placed on young people's
involvement in local
community facilities, including
social media, and the support
available to enable this. We
particularly welcome the
'opportunities for influencing
local decision making’ as
young people have told us
that this is a priority for them.
53
Involving children and
young people with
SEN and parents
Local authorities need to be
aware that existing parent
partnership groups may not
have strong representation
from parents of children and
young people with vision
impairment. Instead, a Local
Society for Vision Impairment
or LA Vision Impairment
Service may be a better route
to engaging with families,
including blind and partially
sighted parents.
55
Keeping provision
See comment above on
Para 2
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under review: 'local
First bullet authorities must keep
under review the
special educational
and social care
provision available in
their area and outside
their area for children
and young people with
SEN for whom they are
responsible in
consultation with:
children and young
people with SEN and
their parents….'
representation. RNIB believes
that it is vital that parents of
children with VI are enabled to
influence future provision
through the local offer. The
fact that VI is a low incidence
need means that LAs should
be proactive in seeking
parents’ views and not base
their decision making on
numbers alone.
56
Publishing comments
about the local offer:
'Local authorities must
seek and publish
comments about their
local offer…It is up to
local authorities to
decide how best to do
this in consultation
with…..representative
organisations…'
It is essential that local
services have the capacity to
deliver effectively for their
population of CYP with low
incidence needs. RNIB would
welcome comments from
parents and practitioners on
particular aspects of their
own local offer that they find
helpful, or any concerns and
gaps that are identified.
Chapter 6 Early years, schools,
colleges and other
education and
training providers
59
'Special educational
provision is
Final para educational or training
provision that is
additional to or
different from that
made generally for
others of the same
RNIB research has found that
schools are often not in the
best position to make
informed decisions about the
type and level of support that
CYP with vision impairment
should receive, because most
CYP are educated in non-VI
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63
Para 4
age….It may take the
form of additional
support from within the
setting or require the
involvement of
specialist staff or
support services…As
part of its 'best
endeavours', an
educational setting
should have
arrangements in place
to identify the need for
and secure such
provision, whether
through expertise and
resources available
within the setting or by
drawing on support
from outside
services…'
settings which may be
unfamiliar with their needs.
Problems at school level
include a lack of
understanding by teachers of
the effects of a vision
impairment, poor planning by
teachers and an inability of
schools to fully meet
children’s specialist visual
impairment needs.
Specialist services are
therefore essential to assess
how individual children may
be affected by their vision
impairment and to design
appropriate strategies
accordingly. RNIB maintains
that this support must be
provided by a qualified
teacher who holds the
mandatory qualification in
vision impairment. Trained
support is also needed to
enable children to become
proficient in specialist areas
such as braille, habilitation
skills (mobility and
independence), all of which
are central not only to their
educational success but also
to their longer term life
chances.
Cognition and learning:
'[CYP] with…(PMLD)
have severe and
complex learning
difficulties as well as
significant other
As many as 50 per cent of
children with vision
impairment may have
additional disabilities and/or
special educational needs,
including those with very
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65
difficulties such as a
physical disability or a
sensory impairment.
They are likely to need
sensory stimulation….'
complex needs. RNIB
therefore welcomes the
reference to sensory
impairment for children with
PMLD. We would also like to
see the same reference in
relation to children with SLD,
which is an omission given the
high prevalence of VI in CYP
with SLD.
Sensory and/or
physical needs: 'Some
children and young
people require special
educational provision.
It is this group that
should be identified as
having a SEN.
Children and young
people with a visual
impairment (VI)…may
require specialist
support and equipment
to access their
learning…'
RNIB welcomes the emphasis
on specialist support and
equipment to access learning.
However, a recent literature
review of educational
approaches for children with
vision impairment has
highlighted the importance of
independent learning to
enable young people to be
prepared for adult life. It was
suggested that current
education policy emphasises
provision of accessible
materials (e.g. bespoke large
print) rather than teaching
access skills (use of LVAs and
access technology) and that
key longer term independence
skills (including mobility and
social skills) that fall beyond
the traditional curriculum may
be neglected. RNIB maintains
that training and support in
these areas must be provided
by appropriately qualified
staff, including a qualified
teacher who holds the
mandatory qualification in
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vision impairment, trained
habilitation specialists and
TAs who hold a relevant
qualification in VI.
67
Identifying needs in the
early years. From birth
to two: 'Many of the
more complex needs,
developmental and
sensory, are identified
at birth. Parents' early
observations of their
child are
crucial…Health
services,
including….health
visitors, should work
with families, and
support them in
understanding their
child's needs…'
Health professionals, such as
midwives and health visitors
should respond to parents'
concerns. Further training in
childhood VI for health
professionals would enable
them to respond to any
concerns parents may have.
RNIB welcomes the specific
reference to specialist
teachers in VI and home
based programmes to help
parents support their child's
early learning and
development, and reference
to the early Support
Programme.
69
SEN support in the
early years: 'Settings
should draw on those
with specialist
expertise beyond the
setting…'
RNIB welcomes the
involvement of specialist
services, such as those for VI,
for children whose need for
long term support is such that
an EHC Plan might be
required.
Schools: 'Teachers are
responsible and
accountable for the
progress and
development of the
pupils in their class,
even where pupils
access support from
teaching assistants or
RNIB welcomes the
confirmation that teachers are
responsible for all the learners
in their class, working as
appropriate in partnership with
specialist teachers and TAs.
However, we would welcome
recognition of the need for
specialist training for TAs
Para 4
71/72
Section
6.5
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73
Para 1
73-75
Para 1
specialist staff…The
quality of teaching for
pupils with SEN, and
the progress made by
pupils, should be a
core part of the
school's performance
management
arrangements and its
approach to
professional
development for all
teaching and support
staff. SEN should not
be regarded as
sufficient explanation
for low achievement…'
supporting CYP with specific
types of SEN, especially a low
incidence need like VI.
Identifying needs in
schools: 'For higher
levels of need, schools
should have
arrangements in place
to draw on more
specialised
assessments from
external agencies and
professionals.'
RNIB welcomes specific
reference to the involvement
of specialist support and
advice, such as that provided
by LA VI services and the
recommendation that these
arrangements 'should be
agreed and set out as part of
the local offer.'
SEN support in
schools. 'Once a
potential educational
need is identified, four
types of action should
be taken to put
effective support in
place….This is known
as a graduated
approach…'
RNIB welcomes the
partnership approach of
working class or subject
teachers together with
external specialist staff, such
as QTVIs. We also welcome
the emphasis on evidence of
effective strategies employed
by staff with relevant expertise
and its impact on progress.
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Assess. 'It should also
draw on…if relevant,
advice from external
support services.
Schools should take
seriously any concerns
raised by a parent.
These should be
recorded and
compared to the
setting's own
assessment and
information on how a
child is developing…'.
Plan. 'The support and
evidence provided
should be based on
reliable evidence of
effectiveness and be
provided by staff with
sufficient skills and
knowledge.'
Do. 'The class or
subject teacher should
remain responsible for
working with the child
on a daily basis.
Where the
interventions involve
group or one-to-one
teaching away from the
main class or subject
teacher, they should
still retain responsibility
for the pupil, working
closely with any
teaching assistants or
specialist staff
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involved, to plan and
assess the impact of
interventions…The
support and
intervention provided
should be based on
reliable evidence of
effectiveness and be
provided by staff with
sufficient skills and
knowledge.'
Review. 'The
effectiveness of the
support and the impact
on the child's progress
should be reviewed…'
75
Involving specialists.
'Schools may involve
specialists at any point
to advise them on early
identification of SEN
and effective support.
A school should
always involve a
specialist where a child
continues to make little
or no progress over a
sustained period or
where they continue to
work at levels
substantially below
those expected of
children of a similar
age despite wellfounded SEN
support…'
RNIB welcomes the
opportunity for schools to
involve specialists at any point
as opposed to the more linear
approach of SA and SA+.
However, we have concerns
that a low level vision
impairment in conjunction with
other low level needs, such as
a learning difficulty may go
undetected and consequently
unsupported.
80-81
'The following
RNIB welcomes the inclusion
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82-83
organizations provide
advice, information and
training on specific
impairments.'
of specific organizations,
especially the National
Sensory Impairment
Partnership and Early Support
which have excellent
resources on vision
impairment for practitioners
and parents.
Further education
Identifying SEN
“Where available,
(colleges) should draw
on previous
assessments and other
information from the
student’s former school
or other education
setting about their
SEN, as well as
discussing with the
young person and his
or her family, what
needs the student has.
Colleges may also
want to undertake their
own assessments,
whether or not there is
any information from
the school, to assess
suitability for different
study programmes….
RNIB is concerned that there
is no explicit reference here to
involving specialist support
services, who are likely to
have played an important part
in the education of CYP
throughout their school years.
Extending the scope of the
Code to cover young people
up to the age of 25 must
include a guarantee that the
same specialist support is
available to them in post-16
as well as pre-16 settings.
SEN support
“Colleges should have
access to specialist
skills to support the
learning of SEN
students when
required, either
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through partnerships,
or by employing
practitioners to help
students with SEN to
progress. They should
also ensure that
curriculum staff are
able to develop their
skills, keep their
knowledge up to date,
and are aware of
effective practice.”
86
Para 3
Funding for SEN
support: 'It is for
schools, colleges and
early years providers,
as part of their normal
budget planning, to
determine their
approach to using their
resources to support
the progress of CYP
with SEN….This will
enable schools and
colleges to provide
clear descriptions of
the types of special
educational provision
that they normally
provide in the local
offer. This will help
parents and others
understand what they
can normally expect
the school and college
to provide for children
with SEN.
Schools and colleges,
however, are not
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Appropriate allocation of
funding is a crucial factor in
the effectiveness of support
strategies. RNIB strongly
recommends that settings
involve LA VI services in order
to 'determine their approach
to using their resources to
support the progress' of CYP
with VI.
expected to meet the
costs of the more
expensive support
from their core funding.
They are expected to
provide additional
support which costs up
to a nationally
prescribed threshold
per pupil/student per
year. However, where
the cost of SEN
provision required to
meet the needs of an
individual CYP
exceeds the nationally
prescribed threshold,
the responsible
LA…may provide
additional top-up
funding. This
should…reflect the
cost of providing the
additional support in
the setting that is in
excess of the
nationally prescribed
threshold.'
88
Section
6.9
External support in
educational settings.
'Where assessment
indicates that support
from specialist services
is required it is
important that children
and young people
receive it as quickly as
possible. Joint
commissioning
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RNIB considers that this
information is vital for parents
to understand what is
available for their child. It is
important, therefore, that this
information is presented by
type of need.
arrangements should
seek to ensure that
there are sufficient
services to meet the
likely need in an area.
The local offer should
set out clearly what
support is available
from different services
and how it may be
accessed…'
90
Specialist support
teachers or support
services. 'There is a
range of specialist
teachers who provide
advice, direct support
and guidance
consultation…In
particular, specialist
teachers for children
with…visual
impairment…support
schools in modifying
their curriculum and
environment to ensure
needs can be met.
Professionals teaching
classes of children with
sensory impairments
are required to have a
mandatory qualification
approved by the
secretary of state.
Specialist teachers
working in advisory
roles to a range of
schools or other
education settings
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RNIB welcomes the
recognition of QTVIs as one of
the key services for children
who do not have an EHC
plan. We also warmly
welcome the reference to the
mandatory qualification for
both teachers of classes of
children with VI and those
working in advisory roles to a
range of education settings.
However, one implication of
the new Code applying to
learners from 0-25 is that
specialist services should be
available to young people with
vision impairment throughout
FE as well as school
education. There are
significant staffing implications
for services here, and the
remit of the MQ training
course will need to be
extended to include the FE
context.
should also have such
a qualification….'
Chapter 7 Assessments and
Education, Health
and Care plans.
100
'c. If the CYP
is…visually…impaired
Final para …the educational
advice and information
must be given after
consultation with a
person who is qualified
to teach pupils or
students with these
impairments.'
102
Section
7.8
Decision not to issue
an EHC plan. '…The
LA should ensure that
the parents or young
person are aware of
the resources available
to meet SEN within
mainstream provision
and other support set
out in the local offer.
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RNIB welcomes the retention
of this statutory requirement to
involve a QTVI in the
assessment of a CYP with an
identified vision impairment.
However, CYP with severe
vision impairment as a single
disability may not receive the
support they need. We are
concerned that a broad
definition of complex needs
could leave these CYP
ineligible for an Education,
Health and Care Plan (EHCP)
and, consequently, without the
statutory protection that an
EHCP provides. Blindness
constitutes a complex need in
itself. A complex need should
be defined in the Code and
should include all children with
severe sight loss.
RNIB believes that LAs should
be required to provide this
information and recommends
that the word ‘should’ be
replaced with ‘must’.
The LA should on
request provide
feedback collected
during the assessment
process, such as
evidence from
professionals, which
the parents, young
person, early years
provider, school or
post 16 institution may
find useful. This
information can then
inform how the
outcomes for the CYP
can be achieved
through SEN provision
already made by the
early years provider,
school or post 16
institution and coordinated support from
other agencies.'
104
The following table
sets out what to
include in each section
of the ECH plan. Row
2: 'All of the CYP's
identified SEN must be
included.'
RNIB supports this as an
important prerequisite for
accurate data collection. We
propose that the same
requirement should be made
for CYP without an EHC plan
who receive specialist input.
111
'Parents and YP may
also make
representations for
places in nonmaintained early years
provision or at
independent schools or
independent specialist
RNIB has concerns that CYP
with vision impairment may be
excluded from non-maintained
and independent provision on
the basis of limited
understanding of the nature of
vision impairment and the
learning strategies needed to
Para 1
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providers… and the
local authority must
consider their
request…The local
authority should
confirm with the
independent school or
ISP that it would admit
the child or young
person before naming
it in a plan since the
school or ISP is not
subject to the duty to
admit a child or young
person even if named
in their plan.'
support progress, despite the
general principle that children
should be educated in
accordance with their parents'
wishes.
122/123
'For very young
Final para children LAs should
consider
commissioning the
provision of homebased
programmes…or
peripatetic services for
children with…visual
impairment…Children
and their parents may
also benefit from the
Early Support
Programme…'
RNIB welcomes the
recognition of the importance
of home based support for
babies with vision impairment
under 2 years, especially in
the context of the Early
Support Programme.
However, there are concerns
about LAs’ capacity to deliver
these services in the context
of public sector cuts and we
would welcome a further
strengthening to make this
support statutory.
123
See above. This would benefit
children with severe VI who
require high levels of intensive
input from birth. If babies with
a vision impairment are not
identified early and intensive
health and education
developmental support
Para 2
'Children aged below
two are eligible for an
EHC plan where
assessment indicates
that the child is likely to
have an SEN when
they are of compulsory
school age. In these
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124
Para 1
125
cases, the child is
likely…. to require a
high level of special
educational provision
which would not
normally be available
in mainstream settings
from delegated
resources. A decision
to issue an EHC plan
may be made because
of a child's complex
needs and/or to allow
access to a particular
service that cannot
otherwise be obtained
such as home-based
teaching.'
provided in the first two years
of life, the development of the
child’s social and
communication skills can be
seriously impeded. Blind
children, in particular, require
high levels of specialist input
to address crucial needs in
their cognitive development,
communication, social and
independence skills.
'The parents may also
make representations
in favour of an
independent, private or
voluntary early years
setting for their child. If
the local authority
considers such
provision appropriate,
it is entitled to specify
this in then plan and if
it does, must fund the
provision. However, it
cannot require an
independent, private or
voluntary setting to
admit a child, unless
the setting agrees.'
RNIB has concerns on what
grounds the early years
setting could refuse admission
if both the parent and LA
agree that the provision is
appropriate.
'19-25 year olds with
EHC plans should
RNIB is concerned that these
rights do not extend to young
rnib.org.uk
Paras 3
and 4
have free access to
further education in the
same way as 16-18
year olds…Apprentices
aged 19-25 with
Learning Difficulty
Assessments/EHC
plans are fully funded
on the same terms and
funding rates as 16-18
year old apprentices.
The local offer should
include
Apprenticeships for
this age group….'
people who have been
receiving specialist provision
but who do not have an EHC
plan. The quality of
information and service
delivery in the local offer will
be essential to the outcomes
of these YP.
133
The re-assessment
process. 'The process
for re-assessment will
be the same as the
process for a first
assessment…Reassessments must
follow the same
process as for the first
EHC assessment and
drawing up the EHC
plan.'
Preparing for
adulthood. '…from year
9 onwards the review
meeting must consider
what provision is
required to assist in
preparing the YP for
adulthood and
independent living…so
they are prepared
when their EHC plan
ends. Both providers
RNIB warmly welcomes this
confirmation which means that
there will be a statutory
requirement to involve a QTVI
in the re-assessment of a
CYP with an identified vision
impairment.
134/135
Section
7.19
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RNIB believes that this
information should be
available to young people
without an EHC plan who
receive specialist VI support.
and LAs should give
advice to YP and help
them to understand
what support is
available to them after
they complete their
education…For
participating in society,
it includes
understanding mobility
and transport
support…'
135
Higher education. '
When a YP with an
EHC plan takes up a
place in HE, their EHC
plan will cease. LAs
should plan a smooth
transition to the HE
institution
concerned…before
ceasing to maintain the
YP's plan. Once the
YP's place has been
confirmed at the HE
institution the LA must
(with the YP's
permission) pass a
copy of their EHC plan
to the relevant person
in the institution…The
La should make the YP
aware of support
available to them in
HE, including
the…DSA and how to
claim it…'
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RNIB welcomes this reference
to support in HE to support
the aspirations of many YP
with VI, but we question how
the LA will do this in practice
and who will take
responsibility. We continue to
have concerns for those with
VI but without an EHC plan as
RNIB's longitudinal transitions
research indicates a number
of problems. There is also an
issue for those whose sight
worsens after they start
university.
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