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4.6.1 Education of Looked After Children

SCOPE OF THIS CHAPTER

This chapter applies to all Looked After children and was updated in April 2011 in response to the changes set out in the Care Planning, Placement and Case Review (England) Regulations 2010 (Care Planning Regulations) and Associated Guidance.


Contents

  1. The Personal Education Plan (PEP)
  2. When a Child First Becomes Looked After  
  3. When a Child Moves to a New Local Authority 
  4. When a Child Needs or Joins a New School 
  5. When a Child Has no School Place 
  6. Celebrating a Child's Achievements
  7. Reviewing and Updating PEP's
  8. When a Child is Absent From School 
  9. School Exclusions 
  10. When a Young Woman Becomes Pregnant
  11. School Transport 
  12. Personal Education Allowance
  13. Personal Education Allowance Eligibility Criteria


1. The Personal Education Plan (PEP)

The Personal Education Plan (PEP) allows the social worker, residential staff/carer and Designated Teacher at the child's school or, where the child has no school place, the education service, in conjunction with the child, to set out what needs to happen to meet the educational needs of the child.

All looked after children of compulsory school age must have a PEP, whether or not currently in education. 

The PEP should set clear objectives and targets for the child, covering four main areas:

  • An achievement record (academic or otherwise);
  • Developmental or educational needs;
  • Short term targets;
  • Long term plans and aspirations.

The PEP provides essential information to ensure that appropriate support is in place to enable the child to achieve the targets set. It is also a chronology of the child’s education and training history. It 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.


2. When a Child First Becomes Looked After

2.1 Notification

As soon as a child becomes looked after (if not before), the child's social worker must notify the education service where the child is placed.

The child's social worker must notify the Looked After Children Education Team (LACE) which has access to Education Learning Mentors and the Head of Virtual School.

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

 The child’s social worker must also inform the Designated Teacher at the child's school within 48 hours of the child becoming looked after and agree a Personal Education Plan meeting to be arranged with them. Regular liaison should then be maintained.

2.2 The First Personal Education 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 statutory Case Review meeting.

The child's social worker should arrange a meeting to draw up the first PEP which should include the Designated Teacher at the school (where the child has a school place), the residential staff/carer and any other relevant professionals; and should involve the child and parents as far as is appropriate and possible. The role of the person who cares for the child in promoting the child’s educational achievements and leisure interests should be clarified and agreed.

Where the child is excluded from school, the Head Teacher should be invited.

Where the child has no school place, the relevant education officer should be invited and asked to assist in the search for a school place.  The SEN advisor and the Looked After Children Education Team 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/education staff and social worker - the basis of a working partnership
  • Establish boundaries of confidentiality
  • Agree a date for the next PEP review meeting and how and when the next (full) PEP is going to be drawn up.

The completed PEP should be distributed to the child, parents, staff/carers and all others invited to the meeting. A copy should also be sent to the child's Independent Reviewing Officer.

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


3. When a Child Moves to a New Local Authority

If a child is placed in the area of a different local authority but continues to attend the same school as before, the procedure outlined in Section 2.2, The First Personal Education Plan applies.

If the child is to be placed in the area of a different local authority 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.  The relevant Education Officer and, if appropriate, the SEN advisor, should be provided with a full educational history and asked to assist in the search for a school place. 

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 5, 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 therefore 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.


4. When a Child Needs or Joins a New School

Choosing and applying to a school place is primarily the child’s social worker's responsibility but in exceptional circumstances may be delegated to or shared with others. 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.

The Nominated Officer must approve 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.

School details will need to be amended on ICS.

4.1 Notification

At least one member of staff in the school - the Designated Teacher or the Head Teacher - must be informed by the social worker within 48 hours that the child is Looked After and be provided with a copy of the child's current PEP. Other members of staff who need to know should be identified at the PEP meeting, taking into account the child’s wishes concerning confidentiality.

4.2 Pupils with Statements of Special Educational Needs

A change of school at any time needs the agreement of the relevant local education service maintaining the statement. 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.

4.3 The First PEP in a new school

A meeting should be held at the new school as soon as practicable.

A new or updated PEP should be in place within the first 10 days of a child joining a new school.  Subsequent PEP’s should correspond with the Looked After 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 staff/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 Information Record
  • Ensure records are forwarded from the previous school and/or carer
  • Agree a date for the next PEP review meeting and how and when the next full PEP is going to be drawn up (this needs to take account of the Looked After 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.)

The completed PEP should be distributed to those invited to the meeting and the child's Independent Reviewing Officer.


5. When a Child has no School Place

Finding a school place is primarily the social worker's responsibility but may be delegated to or shared with others.

5.1  PEP’s

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

5.2  Children Placed within the local authority area

Where the child does not have a school place because one cannot be found, or because mainstream school is not appropriate to his or her needs, the child’s social worker should notify and seek assistance from the education service and the Looked After Children Education Team (and the SEN advisor, in appropriate cases).  The local education service 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.

5.3 Children Placed in a different local authority area

Where the child does not have a school place because one cannot be found, or the child has been placed at very short notice, the child’s social worker should notify the education service in the area where the child is placed and request that a school be identified for the child as soon as possible.  The assistance of the local education service (and the local SEN advisor if appropriate) should also be sought.  Unless 5.4 applies, the education service local to the placement 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.

5.4 Pupils with Statements of Special Educational Needs

Applications for school places for pupils with a Statement of Special Educational 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 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 education service in the placing authority will retain responsibility for updating the statement.


6. Celebrating a Child’s Achievements

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

Recording a Child’s Achievements

A Looked After Child’s educational attainments at Key Stages 1-3, GCSE, A Level and GNVQ should be recorded, including on ICS and in the PEP.


7. Reviewing and Updating PEP’s

The child’s social worker must ensure PEP review meeting take place on time.

Second and subsequent PEP’s should correspond with the Case Review cycle and PEP decisions and recommendations must be available to the child's Independent Reviewing Officer at the Case Review.

7.1 PEP Decisions

The participants should agree what action they will each undertake to achieve the improvements in the child’s education that they have identified through the consultation/preparation process.

7.2  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 Case Review.


8. 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.

Where necessary, the Looked After Children missing from Home and Care Procedure must be followed - see the Local Safeguarding Children Board's Inter Agency Procedure/London Child Protection Procedures.


9. School Exclusions

9.1  Fixed term exclusions

Exclusion from school should be a last resort for children who are looked after, therefore it is important to work with the school and carers to intervene as soon as a child's behaviour becomes a cause for concern.

Where a child is excluded from school for a fixed period, the school will provide work for the child for the first five days of the exclusion. The social worker must liaise with the residential staff/carers about suitable arrangements for supervising the child doing the schoolwork during the day and ensuring the child does not go out during school hours. With effect from the sixth day the school should provide a place for the child to be educated.

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.

If the child is in primary school and receives a fixed term exclusion or is in secondary school and is excluded for more than five days, the social worker should ensure a reintegration meeting is held within the five days to discuss his/her return and how best this can be supported.

9.2  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 the local education service in which the child is living to find an alternative school placement. Again, for the first five days of the exclusion the school will provide work and the child must not be out in public during school hours. From the sixth day the local authority will arrange for a place for the child to be educated.

In the case of permanent exclusion a meeting of a committee of governors will be held within fifteen days to review the decision. If the committee decides to uphold the decision to permanently exclude, an appeal can be made within fifteen school days. The appeals form can be completed by a foster carer or anyone who has Parental Responsibility for the child.


10. 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 authority for the area in which she lives and/or the school she attends. 


11. 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.


12. Personal Education Allowance

1. Aims

The aim of the PEA is to prevent looked after children / young people from falling behind their peers in their education - or if they are behind to help them catch up.

The PEA should be used to help ensure that children in care, who are looked after by the local authority, are making progress with their education, irrespective of their absolute level of attainment.

The PEA should also be provided to all children in care - irrespective of how long they have been looked after. 

The PEA should ensure that looked after children are making expected levels of progress in their education

The PEA should promote the improved educational outcomes and life chances for looked after children.

The PEA will help looked after children to reach their potential.


2. Entitlement

The Local Authority should ensure that any support provided is in addition to that which is received from other services. In particular personal education allowances should not be used to replace:

  • The support set out in a statement of special educational needs or made at School Action or School Action Plus;
  • Resources that a local authority provides for through its allowances or children's home fees;
  • Trips or visits organised by the school as part of the curriculum. It is expected that the local authority, or carer if covered through the fostering allowance or children's home fees, should provide resources for these activities;
  • Basic equipment that the child needs for school, such as school uniform or equipment for physical education lessons; alternative education for children in care on a fixed term or permanent exclusion from school.

The PEA should be centrally held by the Head of Virtual School (or local equivalent) to allow resources to be targeted most effectively to meet assessed needs.

The PEA will be used to support the aims set out in the child or young person's education plan - as part of the discussion around their overall personal education plan (PEP) and the care plan.


3. Eligibility

The PEA will provide up to £500 a year for looked after children (LAC) who are at risk of not reaching the expected standards of attainment.

The funding will be directed towards buying non-school support for learning such as private home-tutoring or for out of school activities that support learning linked to the assessed needs of the young person as identified in their PEP.

Hence the PEA may be directly linked to education - such as in a subject that the child is struggling with at school - but in others it will enhance the child's overall intellectual and creative development, such as attendance at a drama workshop.

The PEA will give looked after children greater access to extended services, personal tuition outside school, positive activities and trips that will enrich their learning, support their development and improve their educational outcomes and life chances.


4. Process

The personalised budget should be agreed between the social worker, the designated teacher and the LACE Team; the carer and the children themselves must be fully involved in decisions about what they need to support their learning.

In addition the designated teacher will provide oversight and challenge.

The PEA referral form will be completed by the Designated Teacher during the PEP meeting; requests for the PEA must be linked to the objectives on the most recent PEP.

The child / young person must complete their portion of the document.

In the case of a child placed away from the home borough, the funds for the PEA will move with the child.

Examples of the types of activities that a PEA might be used to support include:

  • Help with homework-additional educational resources, computer software etc.
  • Private home tuition - support for SATs, GCSE's related vocational qualifications
  • Incentive schemes to improve attendance, behaviour and attainment (short-term targets)
  • Sporting / arts / dance / drama clubs etc.
  • Youth Service activities / schemes where extra costs might be incurred
  • Appropriate rewards / incentives for the young person's engagement as appropriate
  • Personalised (out of school hours) learning activities which will help to increase self-esteem and confidence
  • Support for vocational training which is in addition to that provided by school or college


5. Monitoring

The PEA will be monitored 6 monthly as part of the regular Care Plan and PEP review process.

The Head of Virtual School will agree the funding; the LACE Team will monitor the process and the LAC outcomes thereafter.

The PEA funding may be discussed and renewed at the PEP Review dependent on progress towards objectives.


13. Personal Education Allowance Eligibility Criteria

Click here to view Personal Education Allowance Eligibility Criteria

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