Looked after Children

Every child in care between 3 years and 1 term and 18 years must have a Personal Education Plan (PEP).

A PEP is part of the child or young person’s care plan used to record how a young person is doing in their education through to adulthood. A PEP is a statutory requirement to ensure that a record is maintained regarding the child’s educational progress and should set out what needs to happen in order for the child to reach their potential. 

The Local Authority must make sure that the PEP fully reflects the educational needs of the child, remains relevant to the child’s age, ability and aptitude, and is implemented effectively.  Where a looked after child is on the SEND register PEP’s should be aligned with the EHCP, if one applies, or with any other school support documents.

During the process of putting a PEP in place for looked after children, the local authority should ensure that any undiagnosed special needs are addressed as soon as possible if they are identified through this process.

A PEP must be reviewed regularly as part of the looked after child (LAC) review. The review process enables information to be shared by others including the child’s parents, carers, school and other professionals in order to have a comprehensive view of the child’s situation.

Where a looked after child also has One Planning (SEN support plan) or EHCP, the PEP should be reviewed in conjunction with these plans and co-ordinated by the designated teacher and the SENCO (where these roles are not fulfilled by the
same person). 

The Children and Families Act 2014 included a provision which requires Local Authorities to appoint at least one person who is tasked with promoting the educational achievement of all the children looked after by the local authority they work for, including children placed out of authority.  

The Virtual School Service is for children 0-18 children in care or previously looked after and their duty is to support the professionals working with the children.

This team tracks the progress of children looked after by the authority as if they attended a single school. Special Educational Needs and Disabilities departments should work closely with the Virtual School Service as well as social workers to ensure that local authorities have effective and joined-up processes for meeting the SEN of looked after children

The role of the Virtual School Service is largely to have oversight of the effective education of all looked after children in the local area. This includes -

• managing arrangements for allocating pupil premium and EYPP funding,
• maintaining up to date records,
• ensuring that everyone working with a looked after child knows their role and
responsibilities and
• making sure that the PEP is up to date, effective and high quality.

You can read further on Essex Virtual School

All schools must have oversubscription criteria for each ‘relevant age group’ and the highest priority must be given, to looked after children and all previously looked after children, including those children who appear (to the admission authority) to have been in state care outside of England and ceased to be in state care as a result of being adopted. This is contained in section 1.7 of the School Admissions Code

The Virtual School Service must ensure that:-
• the admission authorities are aware that looked after children are ‘excepted pupils’ from the infant class size limit
• the local authority, as a corporate parent, should not delay where a looked after child is without an education placement that is appropriate to their assessed needs.

The social worker involved with the looked after child should consult with the Virtual Service Service on an appropriate education placement for the looked after child.

Looked after children should only be admitted to Ofsted Good or Outstanding schools when seeking a new provision.  Under Section 3 of the Children and Families Act all children whose Education, Health and Care (EHC) plan names the school must be admitted. 

All schools must have a designated teacher for looked after children and previously looked-after children who must comply with the regulations on qualifications and experience as set out in The Designated Teacher (Looked-After Pupils etc) (England) Regulations 2009.

The Designated Teacher should be a qualified Teacher. They have the responsibility to promote the educational achievement of looked-after children and previously looked-after pupils who are registered pupils at
the school.

Where that role is carried out by a person other than the SEN Co-ordinator (SENCO), Designated Teachers should work closely with the SENCO to ensure that the implications of a child being both looked after and having SEN are fully
understood by relevant school staff.

In respect of looked-after children who have or may have SEND, the designated teacher should ensure that:

•  the special educational needs and disability (SEND) code of practice 0 to 25 years, as it relates to looked-after children, is followed;
• children’s PEPs work in harmony with their EHC plan to, coherently and comprehensively, set out how their needs are being met. Professionals should consider how the EHC plan adds to information about how education, health and care needs will be met without duplicating information already in a child’s care plan or PEP. Equally, the child’s care plan, including PEP, should feed into the care assessment section of the EHC plan.
• ensure that, with the help of the Virtual School Service, they have the skills to identify signs of potential SEN issues, and know how to access further assessment and support where necessary, making full use of the SENCO and local authority support team where applicable.

Looked after children and those who have Special Educational Needs have disproportionately high rates of exclusion.

If a school or setting has concerns that a looked after child is at risk of exclusion, they should consider whether there are any unidentified special educational needs and whether the provision of additional support would help.  If the child has an EHCP the school should consider holding an annual review and gathering the views of all of those involved with the child’s care to review the current provision and consider additional support or if an alternative educational placement is required.

Schools should liaise with the Virtual School Service and ensure they are invited to meetings if a looked after child is at risk of fixed term exclusion. The head teacher should, as far as possible, avoid permanently excluding a looked after child or a child or young person with an EHCP and they should consult with the Virtual School Service where a risk is present to make suitable plans. Schools should proactively cooperate with the child’s carers, social worker and local authority that looks after the child.

You can read our information on Suspensions, Exclusions and Off Site Direction

Where an assessment for an EHC plan has been triggered, the authority that carries out the assessment must be carried out by the authority where the child lives (i.e. is ordinarily resident), which may not be the same as the authority that looks after the child. 

Local authorities should be particularly aware of the need to avoid any delays for looked after children and carry out the EHC needs assessment in the shortest possible timescale.

When gathering EHC assessment advice the local authority should consider seeking advice from:-

• the Virtual School Service the authority that looks after the child,
• the child’s Designated Teacher and
• the Designated Doctor or Nurse for looked after children.
• it should also consider information set out in the Care Plan.

SEN professionals must work closely with other relevant professionals involved in the child’s life as a consequence of his/her being looked after. These include the social worker, Designated Doctor or Nurse, Independent Reviewing Officer (IRO),

Virtual School Service and Designated Teacher in school. When referencing information contained within the Care Plan only information relevant to meeting the child’s SEN should be included in the EHC plan.  It is a legal requirement to involve the child, their carers and their parents in the planning process.

The Virtual School Service has certain duties and responsibilities towards looked after children with an Education, Health and Care Plan (EHCP). They must ensure that:

• the SEN code of practice, as it relates to looked after children, is adhered to;
and
• the child’s EHCP works in harmony with the child’s care plan. 

It is the looked after child’s social worker (in close consultation with the Virtual School Service in the authority that looks after the child) that will ultimately make any educational decision on the child’s behalf.

However, the day-to-day responsibility for taking these decisions should be delegated to the carer who will advocate for the looked after child and make appeals to the First-tier Tribunal (SEN and Disability) as necessary.

The Children (Leaving Care) Act 2000’s main purpose is to help young people who have been looked after move from care into living independently in as stable a fashion as possible. It amends the Children’s Act (c1.4) to place a duty on LA’s to
assess and meet the needs of eligible and relevant children and young people and to assist former relevant children, in particular in respect of their employment, education and training.

Looked after children who have reached the age of 16 or 17 and are preparing to leave care are referred to in the Children Act 1989 as ‘eligible children’.

Looked after children who are 16 or 17 but have already left care are referred to as ‘relevant children’. (please refer to the legislation for exceptions).

‘Former relevant children’ are described as those, who before reaching the age of 18 were either eligible of relevant children.

Local Authorities have a duty to ensure that:
• the child’s PEP is maintained and all eligible children have a personal advisor and a pathway plan. The PEP should form a part of the initiation and review of the pathway plan.
• care leavers are supported to find further education college (FE) and higher education (HE) establishments that meet the needs of the looked after child or care leaver.
• every eligible child is aware of and receives the 16-19 Bursary Fund.

The Pathway Plan is an important document that prepares a young person for leaving care and outlines the support they will need if they are in or are returning to education and/or training.

You can read more about Essex Pathway Plans

All children in care are given an Independent Reviewing Officer (IRO) whose job is to make sure that the right plans and best care is provided for them.

The IRO’s primary focus is to quality assure the care planning and review process for each child and to ensure that his/her current wishes and feelings are given full consideration. The IRO is required to offer a safeguard to prevent any ‘drift’ in care
planning for looked after children and the delivery of services to them.

To find out more about the role of an Independent Reviewing Officer (IRO)