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Contents

1. Introduction
2. The Personal Education Plan (PEP)
3. When a Child First Becomes Looked After
4. When a Child Moves Into a New Local Authority
5. When a Child Needs or Joins a New School
6. When a Child Has No School Place
7. Reviewing and Updating PEPs
8. When a Child is Absent From School
9. School Exclusions
10. When a Young Woman Becomes Pregnant
11. The Avoidance of Disruption in Education

1. Introduction

Local authorities are required to promote educational achievement as an integral part of their duty to safeguard and promote the welfare of the children they look after (Section 22(3) (a) Children’s Act 1989). This means that the authority must give particular attention to the educational implications of any decision about the welfare of those children.

This duty applies to all children Looked After by the responsible authority, wherever they are placed. It includes making sure that young children access nursery or other high quality nursery provision and extends to supporting relevant and former relevant children to do as well as they possibly can in education.

In discharging its duty to promote the educational achievement of Looked After children the local authority should - as an integral part of the care plan - help to ensure that a Looked After child of whatever age has the opportunities to achieve educational outcomes comparable to his/her peers. This should be done in particular by working proactively with the child’s carers and teachers to encourage the child to have the highest expectations of what s/he can achieve.

When a child becomes Looked After the local authority will arrange a suitable care placement. In doing so, the child’s allocated social worker, supported by local authority management and resources will do everything possible to minimise disruption to the child’s education. This means maximising efforts to arrange a care placement which enables existing educational provision to be maintained where this is in the best interests of the child. Subject to age and understanding, it is important to seek the child’s views about his/her education.

Where a child is in Key Stage 4 (years 10 and 11) everything possible should be done to maintain the child in her/his existing school and a move should only be made in exceptional circumstances. Where it is impossible for the child to remain in his/her existing educational placement the care placement should not, except in an emergency, be made unless the education provision is made at the same time.

2. The Personal Education Plan (PEP)

The Personal Education Plan (PEP) is the central platform for outlining the education of Children in Care and is incorporated within or attached to each child’s Care Plan. All Children in Care of compulsory school age must have a Personal Education Plan (PEP), whether or not they are currently in education. PEP meetings should take place in school and the plan must be reviewed every 6 months.

The Social Worker is responsible for initiating and compiling PEPs and should convene and chair meeting as required. The Virtual School Advisory teachers are available to support this process but they are unable to attend all PEPs. They are aware of when PEPs are due and the social worker should liaise with them when setting up a PEP meeting to decide when it is most appropriate for them to attend.

The school’s Designated Teacher has a responsibility for ensuring that the content of the PEP accurately outlines the child’s educational progress and any additional strategies and resources used to support the child.

The Social Worker should convene and chair meetings, as necessary, to ensure the PEP is completed within the agreed timeframe. Following the planning meeting the social worker is responsible for circulating the plan to all the relevant parties. 

If the PEP meeting is organised to coincide with other reviews/meetings, for example, an annual review of a Statement of Special Educational Needs, or the drawing up of an Individual Education Plan (IEP), the Social Worker should agree with other participants in advance how responsibility for the meeting is to be shared.

The PEP is a record of the child’s education and training. It should describe what needs to happen for a child in care to help him/her to fulfil his/her full potential and reflect (though does not need to duplicate) any existing education plans such as a statement of special educational needs.

The Care Planning, Placement and Case Review Regulations (2010) advise that the following should be included in the PEP:

• 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;
• The role of the appropriate person and any other person who cares for the child in promoting the child’s educational achievements and leisure interests.

A PEP must be based on accurate and up-to-date information. Everyone relevant should be consulted about both their views and their ability to contribute to the child’s educational progress.

The PEP should set targets with clear time frames. Decisions by participants should aim to achieve small, concrete, observable improvements. These should be significant and realistic and involve positive changes to the current situation.

The child’s views and aspirations should be sought and recorded ahead of the meeting. The social worker should liaise with the school to identify who is best placed to support the child in recording their views. The child should be supported to attend the meeting and be fully involved. If the child does not attend, the reason should be documented on the plan.

Recommendations from the planning meeting should go to the Looked After Review for approval - changes of school, increased expenditure, etc.

If the pupil is subject to a Statement of Special Educational Needs, any recommendations relating to school and the content of the statement must go via the annual review of the statement (which can be brought forward if necessary).

The Social Worker must also ensure that Parents are involved in these events as far as is appropriate, and that copies of the child’s school reports are sent to the Parents.

The plan should be circulated within 10 working days of the meeting and those involved should be clear of the actions they have committed to with clear time frames. Progress against the agreed actions will be reviewed at the next meeting.

3. When a Child First Becomes Looked After

Notification

When a child becomes Looked After, the child’s Social Worker must notify the school the child attends and speak to the Designated Teacher. The notification must then be confirmed in writing. This includes children who are placed outside of the authority.

If the child is known to have a Statement of Special Educational Needs or to be under going an assessment, the social worker should inform the relevant special educational needs (SEN) adviser.

The social worker should liaise with the appropriate adviser from the Virtual School team and the Designated Teacher from the child’s school to arrange a PEP meeting. Regular liaison should be maintained.

The Care Planning, Placement and Case Review Regulations 2010 set out that, (except where a child enters care in an emergency), the PEP should be initiated as part of the care plan before the child becomes looked after. In the case of an emergency placement the PEP should have been initiated within ten working days. 

The PEP should contribute to an assessment of the child’s educational needs and a version of it should have been developed and available for the first statutory review meeting of the care plan 20 days after entry to care or accommodation).

The First Personal Education Plan

A meeting must take place as soon as possible with the school, the Carer and the Social Worker; and should involve the child as far as is appropriate and possible. The Virtual School should be invited to the first PEP and the meeting should usually be chaired by the Social Worker.

The purpose of the meeting is to draw up the first PEP. This initial PEP should:

• Identify the child’s immediate needs (e.g. to maintain the current school place, make transport arrangements, find a new school, obtain short-term interim education);
• Identify any educational or social factors that may have a detrimental impact on the child’s educational achievement;
• Identify the support required to reduce the impact of these factors;
• Incorporate any Individual Education Plan or any other school based plan;
• Establish contact between Carer, school or other education Staff and Social Worker - the basis of a working partnership;
• Establish boundaries of confidentiality;
• Agree how and when the next (full) PEP is going to be drawn up.

Second and Subsequent PEPs

Second and subsequent PEPs should correspond with the Looked After Review cycle and PEP decisions and recommendations must be available to chairs at reviews.

Provision of education for pupils with Statement of Special Educational Needs can be changed only by amending the statement at an annual review.

4. When a Child Moves Into a New Local Authority

If a child is placed out of the Authority but continues to attend the school they attended prior to becoming Looked After, the Procedure outlined in Section 3, When a Child First Becomes Looked After applies.

If the child is to be placed out of the 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.

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 a Statement of Special Educational Needs (SEN)

Brighton & Hove has overall responsibility for the statement but may delegate responsibility for making provision to the SEN department of the Local Authority the child has moved to. It is vital that clear communication is maintained between the school, Brighton & Hove, the host LA and the social worker to ensure placement and provision.

If the child is undergoing a Statutory Assessment of their needs when they are moved to a new local authority, Brighton & Hove will maintain responsibility for this process until it concludes.

The Statement of Special Educational Needs Department of the Local Education Authority where the child lives (unless in residential accommodation) is responsible for the placement and provision for a pupil who has a statement of special needs.

Applications to schools are made by the LA maintaining the statement. If the LA agrees to adopt a statement then it will need to be amended. This needs to be planned for 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 school place is primarily the Social Worker’s responsibility but may be delegated to or shared with others (e.g. the Carer, a local education authority officer).

The admissions policy in Brighton & Hove prioritises the needs of Children in care and very careful consideration must be made in deciding which local school will best meet the needs of the child.

A carefully considered transition plan should be in place to support a child when they are moving schools. School moves should be planned to coincide with established breaks in the school year e.g. the end of the school year or end of term. Wherever possible, school moves should not be planned mid term.

Notification

At least one member of Staff in the school - the Designated Teacher for Looked After Children or the Head Teacher - must be informed that the child is a Looked After Child. Other members of Staff should be identified at the Personal Education Plan (PEP) meeting, taking into account the child’s wishes concerning confidentiality.

Pupils with Statements of Special Educational Needs

A pupil who has a Statement of Special Educational Needs applies to schools through the special needs section of the local authority maintaining the statement, not directly. Similarly, a change of schools at any other time needs the agreement of the LA 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 Social Worker should ensure that he/she is aware of the current position of the statement and whether any additional support is provided and by whom.

The First PEP in a New School

The meeting should usually be chaired by the Social Worker.

A new or updated Personal Education Plan (PEP) should be in place within the first 10 days of a child joining a new school.

Subsequent PEPs should correspond with the statutory review cycle. PEP decisions and recommendations must be available to Reviewing Officers at statutory reviews.

The first PEP in a new school should:

• Identify the child’s immediate needs (e.g. English as an Additional Language, literacy support, behaviour management);
• Establish contact between the Carer, school Staff and Social Worker - the basis of a working partnership;
• Agree who contacts whom about what;
• Establish boundaries of confidentiality;
• Share important information;
• Ensure records are forwarded from the previous school and/or Carer;
• Agree how and when the next full PEP is going to be drawn up (this needs to take account of the statutory 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 (IEP) Reviews, annual reviews of Statement of Special Educational Needs).

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

6. 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 (e.g. the Carer, the Virtual School for Children in Care, the local authority SEN adviser).

PEP's

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

Children Placed Within the Authority

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 the local authority (and the SEN adviser, in appropriate cases and the Virtual School for Children in Care).

The local authority should identify a school place as soon as possible, ideally within two weeks the local Authority Admissions Department receiving the preference form from the social worker. If a school place cannot be found or it is not considered appropriate it is the duty of the local authority to make alternative provision. The local authority has the power to direct a school to make provision for a child in care.

Children Placed Outside the Authority

Where the child does not have a school place because one cannot be found, or has been placed at very short notice, the child’s Social Worker should notify the education authority in the area where the child is placed and request that a school be identified for the child as soon as possible.

That local authority 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. 

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 LA maintaining the statement, not directly. It requires the agreement of that LA 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.

7. Reviewing and Updating PEPs

Second and subsequent Personal Education Plans (PEP) should be organised where possible to correspond with other relevant review meetings such as the annual review of the statement. PEP decisions and recommendations must be available to Reviewing Officers at reviews.

Timing of the Meeting

The Social Worker will convene a meeting to review the PEP, timed to take place not more than four weeks before the child’s Looked After Reviews (or at the end of the Summer term, if the Review is due during the school holidays).

If care and education are provided together it may be more appropriate to review and plan education and care at the same time. The meeting should still explicitly address educational needs and result in a PEP.

Preparation for the Meeting

Preparation or consultation forms should be sent to all likely participants two weeks before the meeting. How best to consult with the child must be considered, and support or advocacy arranged if necessary. It is essential that the views of the child are sought and recorded ahead of the meeting.

The PEP Meeting - Arrangements

The meeting should involve the child, Carer(s), the appropriate member(s) of school Staff, LA representatives if necessary, and Parents if appropriate.

The meeting should usually be chaired by the Social Worker.

If the PEP meeting is organised to coincide with (for example) an annual review of a statement or the drawing up of an Individual Education Plan (IEP), the Social Worker should agree with other participants in advance how responsibility for the meeting is to be shared.

All 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 planning meeting. If for any reason participants are unable to fulfil their commitments they should inform the social worker and plan together how this can be resolved. All participants should provide information at the next PEP with regards to the impact / success of the interventions/actions they have had responsibility for

The government has phased out the Personal Education Allowance (PEA) and replaced it with the Pupil Premium for Children in Care. In Brighton & Hove the Virtual School manages the Pupil premium for all children in care. In agreement with the child’s school the Pupil Premium should be used to fund additional support for interventions put in place to support the child. The Pupil premium is in addition to resources that the school has put in place and is not intended to replace other funding streams.

Proposals that would lead to significant changes in arrangements (e.g. a change of school, a request for a statutory assessment of Statement of Special Educational Needs) and/or to increases in Children’s Social Care expenditure (private tuition, a jointly-funded placement) should be made in the form of recommendations to the Looked After Review.

8. When a Child is Absent From School

Research has shown that by missing lessons, children fall behind and lose confidence in subjects. Lessons missed are not repeated and so it’s really important that children are supported to attend school and achieve high attendance throughout the whole year. All absences from school must be recorded.

The Carer must notify the school and the 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, Carers and others 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.

9. School Exclusions

There is no such thing as an informal exclusion. If a child is sent home from school the carer and the social worker should be informed immediately and this should be followed up with a letter from the school outlining the reason for the exclusion, arrangements for work to be completed at home and the date of return to school. If you do not receive formal, written notification of why a child has been sent home from school the exclusion is not official or legal.

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 Carer about suitable arrangements for supervising the child’s doing the schoolwork during the day.

The reasons for the exclusion will be communicated by the school to the 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.

The Social Worker must seek advice as to whether to appeal - a permanent exclusion should always be appealed unless there are clear reasons not to.

When a child is permanently excluded but is remaining in the same foster or residential placement, the Social Worker will liaise urgently with the LA in which the child is living to find an alternative school placement.

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 LEA in which she lives and/or the LEA of the school she attends.

11. The Avoidance of Disruption in Education

There is substantial evidence that demonstrates that stability of the school placement contributes significantly to improved outcomes for all children. Therefore any disruption to a child’s school provision should be avoided where ever possible. The decision to change a school placement should be discussed fully and include the social worker, foster carers, the Designated teacher and the Virtual School.

The Independent Reviewing Officer  must approve any change of placement affecting a child in Key Stage 4, except in an emergency/ that results in the placement being 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.

Before approving a change of placement affecting a child in Key Stage 4, the Nominated Officer must be satisfied that:

• 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.

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.

End