Medical support panel
Lincolnshire children's services hold as a fundamental principle that wherever possible all children and young people, including those with health needs, should be supported to access their learning in their substantive school alongside their peers and this should include access to a broad and balanced curriculum, suitable for their age ability and aptitude.
Therefore provision for children or young people who experience a period of ill health, be that physical illness or poor mental health, is a responsibility that encompasses all education professionals, including those working in schools and the local authority. Each has a part to play in supporting children and young people to access their statutory right to education.
Section 100 of the Children and Families Act, 2014 places a duty on schools to make arrangements for all pupils with medical conditions in terms of both physical and mental health. This includes having a policy in place that clearly sets out how school will support and provide for pupils with medical needs. This policy should include the nature and range of available support, the process for early identification, reasonable adjustments to the learning and physical environment and how pupils can access this support. Schools should utilise all resources at their disposal, including the pupils premium where applicable, to maintain that pupil in school through the development of bespoke learning packages, including the use of virtual learning platforms and blended learning opportunities.
Section 19 of the Education Act (1996) requires us to arrange suitable (so far as health allows) full-time (if suitable) education for children who would otherwise not receive education because of their illness. The courts have considered the circumstances where the section 19 duty applies. Case law has established that a local authority will have a duty to provide alternative education under section 19 if there is no suitable education available to the child which is reasonably practicable for the child to access. Therefore there will be a wide range of circumstances where a child or young person has a health need but will receive suitable education that meets their needs without the intervention of the local authority. For example, where the child can still attend school with some support or where the school has made arrangements to deliver suitable education outside of school for the child.
The 1996 Education Act (section 7) also places a legal responsibility upon parent and carers to ensure that their child receives an appropriate, full time and effective education (suitable to their educational needs).
Medical support panel
Lincolnshire’s medical support panel (MSP) is a multi-agency panel that considers the needs of pupils in order to arrive at a decision about how suitable education might be provided
Referrals to medical support panel are submitted by a pupil’s school or if a pupil is not on the role of a school, via an authorised officer within the local authority (pupil reintegration team or the inclusion and attendance team). The medical support panel is evidence based and will consider pupil’s needs holistically.
Medical support panel takes place fortnightly during term time and considers the referral paperwork and supporting evidence that has been submitted. The panel consists of representation across attendance, inclusion, mental health, early help and Pilgrim Hospital School.
EBSA pathway
Where, despite school robustly following the steps within the EBSA pathway, there continues to be a barrier to attending school a referral to the medical support panel may be appropriate. They will undertake a review of the support and interventions put in place by school and consider what further steps need to be taken to ensure receipt of a suitable education because of ill health. The panel’s outcome will advise regarding what further steps, strategies and support school can and should be robustly implementing to ensure continued access to suitable education. One of the further steps may be access to a short-term period of intervention at Pilgrim Hospital School. This would be a dual placement and focussed on working with the pupil’s school to support the pupil’s timely transition back to their school.
A referral to medical support panel requires school, or local authority officer where the child or your person is not on the role of a school, to complete the referral form and provide clear evidence of the school’s application of the EBSA pathway. Where possible the referral should also provide supporting evidence from a medical professional.
Physical health needs
Where a child or young person has significant physical health needs which, despite reasonable adjustments from school, prevent them from accessing their usual place of learning for 15 school days or more, schools should complete the referral to the medical support panel. Though not an exhaustive list, this would include pupils who have a significant physical illness, have been an inpatient and require support upon discharge, have had major invasive surgery or are undergoing oncology treatment.
The referral should be supported by medical evidence from an appropriate medical professional leading on the treatment for the pupil that demonstrates that the pupil is unable to access suitable education at their school.
The panel’s outcome will advise regarding what further steps, strategies and support school can and should be robustly implementing to ensure continued access to suitable education. One of the further steps may be access to a short-term period of dual registration with Pilgrim Hospital School. This would be a dual placement and focussed on working with the pupil’s school to support the pupil’s timely transition back to their school.
Pupils with Education, Health and Care (EHC) Plans
Where a child or young person with health needs also has an EHC plan, their access to education is enshrined within their EHC plan. A pupil with an EHC plan can also experience periods of ill health, therefore schools should follow these routes in the event that a pupil with EHC plan exhibits these challenges. This must also involve close liaison with the SEND caseworker to ensure that the EHC plan resource is utilised appropriately to meet needs.
Where there are concerns about the pupil's provision, schools should always liaise with the SEND team and arrange for an annual review meeting. Where the annual review identifies that the current setting is unable to meet needs consideration must be given as to what the long term provision requirements are. A referral to medical support panel is not appropriate simply because the pupil is not able to engage with their mainstream school placement. The basis for all referrals including those with EHC plan, is that the pupil is unable to access their current setting, not because the current setting cannot provide for the pupil's needs.
Lincolnshire's medical needs policy
The medical needs policy sets out how we will meet our statutory duty to provide full-time education for children of compulsory school age who, because of illness, would not receive suitable education.
