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3.5.1 Education of Children in Care

RELEVANT LEGISLATION AND GUIDANCE

Section 22 (3A), Children Act 1989

Regulation 16, Fostering Services Regulations 2011

Standard 8, National Minimum Standards for Fostering Services 2011

Regulation 18, Children’s Homes Regulations 2001, as amended by the Children’s Homes (Amendment) Regulations 2011

Standard 8, National Minimum Standards for Children’s Homes 2011

Regulation 10; Schedule 1(2) Care Planning Placement and Case Review (England) Regulations 2010

Children Act 1989 Guidance and Regulations Volume 2:  Care Planning, Placement and Case Review  paragraphs 2.71, 2.73, 3.19

Promoting the Educational Achievement of Looked After Children: Statutory Guidance for Local Authorities

Guidance on LAC with Special Educational Needs Placed Out of Authority

SCOPE OF THIS CHAPTER

This chapter applies to all children in care.

RELATED CHAPTERS

See also Education of Children in Care Guidance

AMENDMENTS

This chapter was amended in September 2011 to take account of the Care Planning, Placement and Case Review (England) Regulations and associated Guidance. 

The changes are in Section 1 (in relation to the timing and contents of PEP; Section 2 (the addition of new requirements on avoidance of disruption in education; and Section 10 (in relation to the requirement for the child’s social worker to inform the child’s Independent Reviewing Officer of exclusions).


Contents

  1. The Personal Education Plan (PEP)
  2. Avoidance of Disruption in Education
  3. When a Child First comes into Care  
  4. When a Child Moves to a New Local Authority 
  5. When a Child Needs or Joins a New School 
  6. When a Child has No School Place 
  7. Celebrating a Child's Achievements
  8. Reviewing and Updating PEP's
  9. When a Child is Absent from School 
  10. School Exclusions 
  11. When a Young Woman becomes Pregnant
  12. School Transport


1. The Personal Education Plan (PEP)

The Personal Education Plan (PEP) is the central platform for the education of children in care, and is incorporated within each child’s Care Plan.

The Personal Education Plan should be initiated as part of the Care Plan before the child becomes Looked After (or within 10 working days in the case of an emergency placement), and be available for the first Child Care Review meeting.

All children in care of compulsory school age must have a Personal Education Plan, whether or not currently in education. It provides essential information to ensure that appropriate support is in place to enable the child to achieve the targets set. It is also a record of the child's leisure interests and educational achievement.

The PEP should set clear objectives and targets for the child, covering the following:

  • Chronology of education and training history which provides a record of the child’s educational experience and progress in terms of National Curriculum levels of attainment, including information about educational institutions attended and the reasons for leaving, attendance and conduct record, academic and other achievements, any special educational needs, an indication of the extent to which the child’s education has been disrupted before entering care or accommodation;
  • Existing arrangements for education and training, including details of any special educational provision and any other provision to meet the child’s educational or training needs and promote educational achievement;
  • Any planned changes to existing arrangements and provision to minimise disruption;
  • The child’s leisure interests;
  • Role of the appropriate person and any other person who cares for the child in promoting the child’s educational achievements and leisure interests.


2. Avoidance of Disruption in Education

The Nominated Officer must approve of any change of placement affecting a child in Key Stage 4, except in an emergency/where the placement is terminated because of an immediate risk of serious harm to the child or to protect others from serious injury.

In those circumstances, the Local Authority must make appropriate arrangements to promote the child’s educational achievement as soon as reasonably practicable.

  • The child’s wishes and feelings have been ascertained and given due consideration;
  • The wishes and feelings of the parent(s) have been ascertained where the child is accommodated (where possible) and where appropriate where the child is subject to a Care Order);
  • The educational provision will promote educational achievement and is consistent with the PEP;
  • The Independent Reviewing Officer has been consulted;
  • The Designated Teacher at the child’s school has been consulted.
Other than in Key Stage 4, where the Local Authority proposes making any change to the child’s placement that would have the effect of disrupting the arrangements made for education and training, they must ensure that other arrangements are made for education or training that meet the child’s needs and are consistent with the PEP.


3. When a Child First comes into Care

3.1 Notification

As soon as a child comes into care (if not before), written notification will be sent by the administrative staff to the Education of Looked After Children Team (ETLAC).

If the child is known to have a Statement of Special Educational Needs or to be under assessment, the child’s social worker should ensure the relevant SEN adviser is informed.

The child’s social worker must also contact and maintain regular liaison with the Designated Teacher at the school the child attends. 

3.2 The First Personal Education Plan

The first PEP should be completed as part of the child’s Care Plan before the child’s placement, or in an emergency within 10 working days of the child coming into care, and be available for the child’s first Child Care Review.

The child’s social worker should complete the PEP in liaison with ETLAC who will contact the Designated Teacher at the school. The child's views should be incorporated as far as is appropriate and possible. 

Where the child has no school place, ETLAC should be asked to assist in the search for a school place. The SEN adviser should also be asked to assist as appropriate. 

The first PEP should:

  • Identify the educational and social factors that may have caused or may cause in the future a detrimental effect on the child’s educational achievement
  • Identify the support required to reduce the impact of these factors
  • Identify the child’s immediate and priority needs and targets, (e.g. to maintain the current school place, make transport arrangements, find a new school, obtain short-term interim education)
  • Incorporate any Individual Education Plan or other school-based plan
  • Identify a named person for the day to day management of the PEP and establish lines of communication between the staff/carer, school or other education staff and social worker - to ensure a successful working partnership
  • Establish boundaries of confidentiality
  • Agree a date for the next PEP review and how and when the next (full) PEP is going to be drawn up.

The PEP should be entered on RAISE.

The provision of education for pupils with statements of SEN can be changed only if the child’s statement has been amended at an annual review.

3.3  Second and subsequent PEP’s

See Section 8, Reviewing and Updating PEP's.


4. When a Child Moves to a New Local Authority

If a child is placed outside Peterborough but continues to attend the same school as before, the procedure outlined in Section 3.2 applies.

If the child is to be placed outside Peterborough and will need a new school, efforts to obtain a school place should (unless it is an emergency placement) begin well BEFORE s/he moves to a new placement.  This should be undertaken through ETLAC who should be asked to contact the relevant education officer in the new area and, if appropriate, the SEN adviser. 

Whenever possible a child should not be moved to a new placement until s/he also has a school place.

Where the child does not have a school place - see Section 6, When a child has no school place.

Pupils With Statements of Special Educational Needs

The local education service where the child lives (unless in residential accommodation) is responsible for the placement and provision of education to a pupil who has a statement of special educational needs. The education service for the area to which the child is moving should be requested to adopt the statement, which will need to be amended.

This needs to be planned as early as possible as it can cause long delays.

5. When a Child Needs or Joins a New School

Choosing and applying to a new school for a place is primarily the child’s social worker's responsibility but may be shared with others (e.g. the carer, ETLAC).  Changes of school should be minimised to avoid disruption to the child's education and should not take place in the middle of a school year or in years 10 and 11, unless this is unavoidable – see Section 2, Avoidance of Disruption of Education.

Where a child changes school, the school details will need to be amended on RAISE.

5.1 Notification

At least one member of staff in the school - the Designated Teacher or the Head Teacher - must be informed that the child is in care. Other members of staff who need to know should be identified at the PEP meeting, taking into account the child’s wishes concerning confidentiality.

5.2 Pupils with Statements of Special Educational Needs

A pupil who has a statement of special needs applies to schools through the special needs section of the local education service maintaining the statement, not directly. Similarly, a change of schools at any other time needs the agreement of the relevant local education service to approach the school and for the statement to be amended. This needs to be planned for as early as possible as it can cause long delays.

The child’s social worker should ensure that he/she is aware of the current position with regard to the statement, including any additional support provided and by whom.

5.3 The First PEP in a new school

A new or updated PEP should be in place within the first 20 days of a child joining a new school.  Subsequent PEP’s should correspond with the Child Care Review cycle.

The first PEP in a new school should:

  • Identify the child’s immediate and priority needs (e.g. English as an additional language, literacy support, behaviour management)
  • Establish contact between residential carer/foster carer, school staff and social worker - the basis of a working partnership
  • Identify a named person for the day to day management of the PEP and agree who contacts whom about what
  • Establish boundaries of confidentiality
  • Share important information - perhaps including the Placement Plan/Placement Information Record
  • Ensure records are forwarded from the previous school and/or carer
  • Agree a date for the next PEP review and how and when the next full PEP is going to be drawn up (this needs to take account of the Child Care Review cycle because the PEP has to be ready before or at the review; but also term dates, parents’ evenings, school target setting days, Individual Education Plan reviews, annual reviews of statements of SEN etc.)


6. When a Child has no School Place

Finding a school place is primarily the social worker's responsibility but may be shared with others (e.g. ETLAC, the residential staff/foster carer, the SEN adviser).

6.1 PEP’s

Children without a school place should still have an up-to-date PEP. It should address immediate educational needs and longer-term planning.

6.2 Children placed within Peterborough

Where the child does not have a school place because one cannot be found, or because mainstream school is not appropriate to their needs, the child’s social worker should notify and seek assistance from ETLAC (and the SEN adviser, in appropriate cases).  A school place should be identified within 20 working days at the latest; or alternative education should be provided if a school place cannot be found immediately or is not appropriate.

6.3 Children placed outside Peterborough

Where the child does not have a school place because one cannot be found, or the child has been placed out of Peterborough at very short notice, the child’s social worker should notify ETLAC and request their assistance to identify a school for the child as soon as possible. Unless 5.4 applies, the local education service in the new area should identify a school place within 20 working days at the latest; and should be asked to provide alternative education if a school place cannot be found immediately or is not appropriate.

6.4 Pupils with Statements of Special Educational Needs

Applications for school places for pupils with a statement of special needs should be made through the special needs section of the local education service maintaining the statement, not directly.  It requires the agreement of the education service to approach the school and for the statement to be amended. This needs to be planned for as early as possible as it can cause long delays. 

Responsibility for updating the statement will rest with the receiving authority where the child’s school is in the state sector.  Where the child’s is placed in a school outside the state sector, the placing authority will retain responsibility for updating the statement.


7. Celebrating a Child’s Achievements

Children’s educational (and other) achievements should be acknowledged at one or more of the following times: at Child Care Reviews; at school-based meetings; in school reports; and after exams.

Recording A Child’s Achievements

A child’s educational attainments at Key Stages 1-3, GCSE, A Level and GNVQ should be recorded, including on RAISE.


8. Reviewing and Updating Pep’s

Second and subsequent PEP’s should correspond with the Child Care Review cycle and PEP decisions and recommendations must be available to Independent Reviewing Officers at Child Care Reviews. 

8.1 PEP Decisions

As part of the updating of the PEP, decision should be made about the required actions to achieve improvements in the child’s education and who will be responsible for carrying out such actions.

8.2 PEP Recommendations

Proposals that would lead to significant changes in arrangements (e.g. a change of school, a request for a statutory assessment of a child’s special educational needs) and/or to increases in expenditure (private tuition, a jointly-funded placement) should be made in the form of recommendations to the Child Care Review.


9. When a Child is Absent from School 

The residential staff/carer must notify the school and the child’s social worker immediately if the child does not attend school for any reason.

In any case where the child has been absent from school for more than 10 days, the social worker should liaise with the school, the child, residential staff/carers and any other relevant person to address:

  • The reasons for the absence
  • How to ensure the child returns to education as soon as possible
  • Whether and how the child can be helped to catch up on what s/he has missed.


10. School Exclusions

NB Where a looked after child is excluded from school, the child’s social worker must inform the child’s Independent Reviewing Officer.

10.1 Fixed term exclusions

Where a child is excluded from school for a fixed period, the school will provide work for the child. The social worker must liaise with the residential staff/carers about suitable arrangements for supervising the child doing the schoolwork during the day.

The school will communicate the reasons for the exclusion to the residential staff/carer and the social worker. Whoever is the most appropriate one to do so will discuss this with the child. The social worker should inform the parents, if appropriate.

The social worker, in consultation with the child and parents, must seek advice as to whether to appeal against the decision to exclude the child.

10.2 Permanent exclusions

When a child is permanently excluded but is remaining in the same foster or residential placement, the social worker will liaise urgently with ETLAC to find an alternative school placement.


11. When a Young Woman becomes Pregnant

Becoming pregnant is not in itself a reason to stop attending school, nor to cease education.

Where a young woman becomes pregnant, the social worker must ensure that the young woman remains in education if at all possible and arrange for her to receive support from the education service in the area in which she lives and/or the school she attends. 


12. School Transport

In order to maintain continuity of school, those with responsibility for school transport should be approached to provide assistance with transport. A decision will be made taking into account the child’s age and the distance from the child’s address to the nearest suitable school.

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