Source · Select Committees · Education Committee
Recommendation 43
43
Paragraph: 107
All looked-after children must have an independent advocate whose function is to champion their best...
Conclusion
All looked-after children must have an independent advocate whose function is to champion their best interests, ensuring they are admitted to the best, most appropriate schools, and that they are fully supported to appeal to SEND tribunals where their Education, Health and Care (EHC) Plan does not meet their needs. Virtual School Heads should play a key role here, advocating for the child’s needs to be identified, understood and met, ensuring that the child’s EHC Plan is appropriate, and where it is not, supporting the child to appeal.
Paragraph Reference:
107
Government Response
Acknowledged
HM Government
Acknowledged
The department agrees that looked-after children need access to a trusted individual who will ensure that their needs are properly met, and it is the role of VSHs to provide this advocacy in respect of looked-after children’s education. Statutory guidance35 for VSHs sets out an upfront expectation that, “For looked-after children, as part of a local authority’s corporate parent role, the VSH needs to be the educational advocate that parents are for others.” The guidance goes on to detail how VSHs should ensure arrangements are in place to promote a culture that takes account of the child’s views as part of identifying and meeting their educational needs, and VSHs should ensure that other professionals involved in the care and education of the child, understand the importance of listening to and taking account of the child’s wishes and feelings about education. The guidance details the role that VSHs should play to ensure that the SEND code of practice is followed in respect of looked-after children, that the EHC plans of looked- after children are harmonised with their care plan and PEP, to ensure that together they comprehensively and coherently cover how the child’s needs are being met, and to ensure that where SEN support is provided without an EHC plan that this is looked at as part of the looked-after child’s care and PEP plans. Further, the department has noted the recommendation of the care review, for significant reform of advocacy provision for children in care including introduction of an independent, opt-out model. While VSHs play an important role in respect of education, looked-after children may often benefit from advocacy support in respect of other areas of their life, such as their care and living arrangements. As such, we are looking at this recommendation alongside the broader package of recommendations made by the care review and are working at pace towards issuing a detailed implementation strategy.