INTRODUCTION TO WALTHAM FOREST Proposed New Resource Ladder

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Waltham Forest SEND Service
                                   Resource Ladder review, May 2020

   INTRODUCTION TO WALTHAM FOREST Proposed
              New Resource Ladder

In March 2020, the Council approved a Cabinet Paper outlining proposed changes to High
Needs Block (HNB) funding arrangements with the aim of achieving good outcomes,
maintaining standards and developing a new Resource Ladder for the allocation of
Element 3 ‘top up’ funding for children with Education Health and Care Plans (EHCPs).

The High Needs Block (HNB) is the funding provided by the government for the Local
Authority (LA) to support pupils with Special Educational Needs and Disabilities (SEND),
Alternative Provision (AP) and a range of SEND services.

There are three elements of funding that schools receive to support young people who
have been identified as being in need of an EHCP: Element 1 relates to the pre-16 core
funding, included within the funding through the local schools block funding formula;
Element 2 relates to the notional SEND funding; and Element 3 relates to the ‘top up’
funding allocated by the Council. The ‘top up funding’ is based on a current ‘banding
system’, that has been in place for a considerable period of time and is no longer fit for
purpose.

The Cabinet report sets out planned, future work to develop and consult on a new
Resource Ladder to replace the existing banding system from 1 September 2020 for
children assessed on or after 1 September 2020. Following the consultation on the new
Resource Ladder, the Portfolio Holder for Families authority will take the decision on any
final Resource Ladder in July so that that we can prepare for implementing the new
resource ladder from 1 September 2020.

The Council is committed to improving outcomes for children and young people with
Special Educational Needs and Disabilities (SEND) and their families. The SEND
Improvement Board oversees the delivery of transformation programmes to maximise
person-centred outcomes, increase independence, wellbeing and encourage every child
and young person to thrive and participate fully within the borough. With the new
Resource Ladder we aim to achieve the most equitable model for supporting the most
vulnerable children and young people to be able to live, learn and thrive to the best of their
abilities allowing them to live happy, confident and independently.

A task and finish group set up in December 2019 looked at ‘as is’ and ‘to be’ models. The
group consisted of partners from health, education, early years, parent forum,
commissioning and others.

Proposed Resource Ladder pg. 1
Waltham Forest SEND Service
                                   Resource Ladder review, May 2020

The group met fortnighly since being set up and the aim of the group was to:

   •   Design a new resource ladder comprising levels for all pupils to be implemented
       from September 2020 as part of wider High Need Block agenda.
   •   Develop a more robust and compliant needs descriptors that encompassed the full
       spectrum of needs.
   •   Identify the appropriate incremental levels of need.

The proposed new Resource Ladder which is the subject of this consultation is
underpinned by key legislation of the Children and Families Act 2014, the Special
Educational Needs and Disability Code of Practice: 0-25 years, 2014 and is a ‘need led’
model spreading across seven ladder levels relating to specific need: cognition and
learning, communication and interaction, social emotional and mental health and physical
and sensory.

The proposed Resource Ladder document outlines the expectations that schools should
be providing as part of their ‘Local Offer’ and funded from element 2 allocation. It also sets
out the framework for element 3 ‘top up’ funding through description of need, outlining
monitoring and support including the role of the SEND service. The financial provisions
proposed in the new document were arrived at through an auditing process, partnership
working and parental feedback, as well as focusing on outcomes for children and young
people on existing EHCPs.

The financial allocations start at level 1 £5,000 and graduate to up to level 7 £17,000 and
decision-making regarding the level at which a child is placed, is based on a case by case
assessment of actual needs. There is no limit imposed at level 7 because the statutory
obligation is to meet assessed need. Where needs are pitched at level 7; a moderation
route will be followed by the SEND panel to enure that the identified assessed needs and
provision are appropriately funded.

The most value for money and effective arrangements will be sought where large numbers
of children attend particular schools. This application will be decided by the Council in
collaboration with our partners across education, health and social care.

Annual evaluation of the resource ladder will be carried out to ensure this is maintained as
a current, effective and fair model.

An Equality Impact Assessment will be prepared alongside the report which will be
published and presented to the decision maker, the Portfolio Holder for Families who will
make any decision on a date to be published in July 2020.

Proposed Resource Ladder pg. 2
Waltham Forest SEND Service
                                    Resource Ladder review, May 2020

Consultation on a new Resource Ladder for SEND ‘top up funding’ for May to June
2020: Frequently Asked Questions ( FAQs)
___________________________________________________________________
     1. Why is a new proposed Resource Ladder being introduced?
        For many years there has been a ‘banding model’ in place to support the allocation
        of ‘top up’ funding following the assessment of needs in an Education Health and
        Care Plan (EHCP). The current funding bands are largely spaced and inflexible
        which means that there is a large leap from one funding level to another. The aim
        of a new Resource Ladder is to implement the most effective and fair system to
        ensure that financial allocation with this model will more closely align with the actual
        assessed needs set out in EHCPs. There is a statutory obligation to meet
        assessed needs and the Resource Ladder will replace the existing banding system
        as the operational way in which ‘top up’ funding is allocated to meet those needs.

     2. Who else are we consulting with?
        We are consulting with our schools through the Schools Forum which is a statutory
        body. This means all schools will be informed about the consultation and able to
        take part. Similarly, we are also asking our Parents Forum to participate fully. The
        consultation is open to anyone who wishes to take part.

3.      How was the proposed Resource Ladder arrived at?
        Proposals were developed by a sub-group of the Schools Forum, The Inclusion
        Group, consisting of a representation of headteachers from Waltham Forest
        schools, representing all phases of education, and Council officers. The proposals
        from this group included:
            •   Replacing the old banding system with a fairer new Resource Ladder.
            •   Funding must continue to be allocated to meet assessed need.
            •    Lower bands will have a smaller gap between them to allow a more flexible
                allocation based on assessed need.
            •   Financial allocations start at level 1 £5,000 and graduate to up to level 7
                £17,000 plus and decision making regarding what level a child is placed is
                based on a case by case assessment of actual need.

        There is no limit imposed at level 7 because the statutory obligation is to meet
        assessed need.

     4. How would the proposal change the current process?
        The proposal will not change the processes we currently use. This is solely about
        the way we allocate our ‘top up funding’ to support new EHCPs for children and
        young people from 1 September 2020. Funding allocations for current packages
        will remain the same under these proposed new arrangements so existing EHCPs

Proposed Resource Ladder pg. 3
Waltham Forest SEND Service
                                  Resource Ladder review, May 2020
      as at 31 August 2020 will continue to receive ‘top up funding’ as allocated from the
      existing banding system. Waltham Forest Cabinet in March agreed that the funding
      levels in Bands E and F of the existing system will be reduced by 10 per cent from 1
      September.

   5. How will the changes affect my child and their school?
      If you have a child with an EHCP which will be completed on, or after, 1 September
      then the ‘top up’ element of funding for that EHCP will be determined by reference
      to the new Resource Ladder. The changes are to the descriptors of needs which
      which will determine the level of funding allocated to the school that a child with an
      EHCP attends. It will be then be the responsibility of the individual school to
      manage the resources provided to them through the elements of Higher Needs
      Block funding and the ‘top up’ funding to meet the needs of pupils with SEND, and
      those with an individual EHCP. Modelling has been carried out that assesses that
      the proposed levels within the resource ladder are sufficient to meet the support
      children may need and that standards will be maintained.

   6. Why are you doing this consultation now, when schools are closed and there
      is a pandemic?
      While we recognise that the coronavirus has impacted everyone’s lives at this time,
      approval was provided by Cabinet in March to continue with the development of a
      new resource ladder. Even though schools are currently closed, children with
      EHCPs are still able to attend their school or access an alternative school-based
      education provision in order to have their assessed needs met. We are also
      continuing to assess children referred to us in line with government guidance on
      how to do that during the current COVID-19 crisis and we need to be in a position to
      move to a new resource ladder from 1 September as planned.

      The core business of the Council must continue and we have allocated 4 weeks
      with documentation being available online so that all can share thoughts on these
      proposed changes which we can take into consideration. While schools are not
      delivering classes as usual at the time of writing this document, key stakeholders
      such as headteachers are available to participate in the consultation and we will be
      writing to the Schools Forum and to the Parent Forum as well as to Council
      Members to ensure we are raising awareness of this consultation taking place. We
      welcome everyone to participate fully.

   7. What are the next steps?
      Following the consultation ending in June 2020, officers will collate the feedback,
      comments and suggestions and prepare a report with recommendations as to any
      proposed changes to the current version of the Resource Ladder to achieve the
      result of an equitable and fair Resource Ladder. In March 2020, the Council’s
      Cabinet delegated to the Portfolio Holder for Families authority to take the decision
      on any final Resource Ladder and this decision will be taken by her in July 2020 so
      that that we can prepare for implementing the new resource ladder from 1
      September 2020.

Proposed Resource Ladder pg. 4
Waltham Forest SEND Service
                                  Resource Ladder review, May 2020

The Consultation – your views

The questions that we will be asking you are the following:

   1. The Resource Ladder sets out 7 Levels of Needs and associated funding which we
      have based on a new set of descriptors. The 7 levels reflect the increasing level of
      needs which children may have. Do you think the ‘descriptions’ of the ‘needs’ we
      have used for the suggested levels are sufficiently detailed? YES/NO

If, you have answered ‘NO’, please set out what additional descriptions or needs you think
should be included that are missing.

   2. Do you think that there are needs which have been put into the wrong level and
      should be placed in another level? YES/NO

If yes, please set out with reference to the level, heading and description which needs you
think should be moved and why?

   3. Are there any further comments on the proposed resource ladder that you would
      like to make.

How can I take part?

You can participate in the online consultation online and submit your feedback here:
https://www.surveymonkey.co.uk/r/XR6PHXM.

You can also access the relevant information available on our specially developed
consultation webpage here for more information: http://bit.ly/LBWF_HNBconsult

Proposed Resource Ladder pg. 5
Waltham Forest SEND Service
                                 Resource Ladder review, May 2020

Appendix - Glossary of terms

SEND               Special education needs and disability
SEN                Special education needs
SEND Panel         Interdisciplinary/ multi-agency panel held to discuss EHC and EHCPs
                   and other matters
CYP                Children and young people
LA                 Local authority
EHCNA              A request for an education health care needs assessment (should
                   make clear the steps or graduated approach that a school should go
                   through first)
EHCP               Education Health Care Plan
SEND Code of       Children and Families / Act 2014, the Special Education Needs and
Practice           Disability Code of Practice: 0-25 years, 2014
DfE                Department for Education
SENCO              Special education needs coordinator
SRP                Specialist resource base provision
EYFS               Framework early years foundation stage
CAMHS              Child and adolescent mental health service
SLT/S&LT           Speech and language therapist
EP                 Educational psychologist
MLD                Moderate learning needs
SLD                Severe learning difficulties
PMLD               Profound and multiple learning difficulties
QFT                Quality first teaching
HI                 Hearing Impaired
VI                 Vision Impaired
ASD                Autistic spectrum disorder
ADHD               Attention Difficulty hyperactive Disorder
TA                 Teaching assistant
HLTA               High level teaching assistant
ADHD               Attention deficit hyperactivity disorder
PECS               Picture exchange communication system
PT                 Physiotherapist
OT                 Occupational Therapist
SEBD               Social emotional behaviour development (now known as SEMH –
                   social emotional mental health
Annual review      The review of an EHC plan which the local authority must make as a
                   minimum every 12 months. 3 -6 months for under 5s
Graduated          A model of action and intervention in early education settings, schools
approach:          and colleges to help children and young people who have special
                   educational needs. The approach recognises that there is a
                   continuum of special educational needs and that, where necessary,
                   increasing specialist
                    expertise should be brought to bear on the difficulties that a child or
                   young person may be experiencing. Funded From Element 2

Proposed Resource Ladder pg. 6
Waltham Forest SEND Service
                                 Resource Ladder review, May 2020
Local Offer        Local authorities in England are required to set out in their Local Offer
                   information about provision they expect to be available across
                   education,
                   health and social care for children and young people in their area who
                   have SEN or are disabled, including those who do not have
                   Education, Health and Care (EHC) plans. Local authorities must
                   consult locally on what provision the Local Offer should contain.
Top Up             The amount that the LA will provide to meet the assessed needs as
                   indicated in the EHCP above the Element 2 / graduated Approach.
                   Element 3. In this document the Ladder Steps. May also be referred
                   to as Banding level.

Proposed Resource Ladder pg. 7
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