Supporting pupils at school with medical conditions: consultation document

Launch date 3 February 2014

Respond by 14 March 2014 Ref: Department for Education

Supporting pupils at school with medical

conditions

Supporting pupils at school with medical

conditions

This consultation invites comments on the new statutory guidance for supporting pupils at school with medical conditions in England.

To Head teachers/principles, teachers, governors/chairs of governors, local authorities, pupils, parents, teacher and head teacher and support staff unions, relevant professional associations

Issued

3 February 2014

Enquiries To If your enquiry is related to the policy content of the consultation you

can contact the Department on 0370 000 2288

e-mail: MedicalConditions.Consultation@education.gsi.gov.uk

Contact Details

If your enquiry is related to the DfE e-consultation website or the consultation process in general, you can contact the Ministerial and Public Communications Division by e-mail: consultation.unit@education.gsi.gov.uk or by telephone: 0370 000 2288 or via the Department's 'Contact Us' page.

The new statutory guidance for supporting pupils at school with medical conditions has been developed in collaboration with a range of stakeholders, including members of the Health Conditions in Schools Alliance, school leaders, academy organisations, unions, young people with medical conditions and their parents, and with Department of Health officials.

The current non-statutory guidance on managing medicines in schools and early years setting published in 2005 is available at: https://www.gov.uk/government/publications/managing-medicines-in-schools- and-early-years-settings

1 Introduction

1.1 In September 2014, a new duty will come into force on governing bodies to make arrangements to support pupils at school with medical conditions.

1.2 New statutory guidance has been developed which governing bodies must have regard to in fulfilling their statutory responsibilities in respect of this new duty. Others involved in supporting pupils at school with medical conditions may also wish to have regard to the guidance when carrying out their responsibilities.

2 Summary of the new statutory guidance

2.1 The document provides a mix of statutory guidance and non-statutory advice based on good practice for supporting pupils at school with medical conditions. There is a short introduction followed by a section on the role of the governing body. Information is provided on developing school polices for supporting pupils with medical conditions and what these should contain. The final section provides further sources of information.

2.2 The new guidance takes account of the government’s commitment to minimise central prescription and bureaucracy and reflects the aim of allowing schools greater freedom to determine their own arrangements according to local circumstances.

3 The focus of the consultation

3.1 The new statutory guidance for supporting pupils at school with medical conditions in England is to be subject to a six week consultation period. This will help to ensure that the guidance is published in the summer term in good time to support the new duty which is due to come into force in September 2014.

The consultation document can be viewed and downloaded from the DfE website at www.education.gov.uk/consultations/.

4 New statutory guidance for supporting pupils at school with medical conditions in England

4.1 Introduction

The introductory section of the guidance sets out the purpose of the new duty, and provides an overview of some of the key issues.

Question 1: Does the introduction section set out effectively the purpose of the guidance and explain why intervention is needed?

4.2 Role of the governing body

The guidance states that governing bodies must ensure that arrangements are in place to support pupils with medical conditions and that all schools should have a policy for doing so.

Question 2: Is the guidance clear about what issues governing bodies will be expected to consider in making those arrangements and in ensuring that schools develop and implement managing medicines policies?

4.3 School policies for supporting pupils with medical conditions

The guidance sets out expectations about what information school policies should contain.

Question 3: Does the suggested content cover the minimum that is required for good practice?

4.4 Individual healthcare plans

The guidance advocates the use of individual healthcare plans where appropriate and what details these should contain.

Question 4a: Is the guidance clear that decisions about the support to be provided to pupils with medical conditions should be based on the individual needs of each child, on a case by case basis?

Question 4b: Is the guidance clear about the use of individual healthcare plans, how these are developed and what they should contain?

Question 4c: The name, ‘individual healthcare plan (Ihcp)’ is very close to SEN Education, Health and Care (EHC) plans. To what extent do you believe this will be confusing in practice?

4.5 Roles and responsibilities

The guidance includes advice on roles and responsibilities for those who may have a role in supporting pupils at school with medical conditions, and that these should be set out in school policies.

Question 5: Is the guidance clear about the need for co-operation and collaborative working arrangements between relevant health services, schools, parents and pupils and provide sufficient information about roles and responsibilities?

4.6 Staff training and support

Staff training will be critical in enabling school staff to provide the support needed to pupils with medical conditions. The guidance outlines the need for training, and how training will be identified and provided.

Question 6: Is the guidance clear about the need for staff to be appropriately trained and who is responsible for identifying and providing that training?

4.7 Managing medicines - including children’s role and record keeping

The guidance provides advice on the procedures that should be followed when managing medicines in schools, including storage and disposal, the role of children in managing their own medicines and recording when medicines have been administered.

Question 7: Is the guidance clear on how medicines should be managed in school?

4.8 Emergency procedures

The guidance provides information on how schools should prepare for emergency situations.

Question 8: Is the guidance clear that schools need to have procedures in place for dealing with emergency situations?

4.9 Day trips, residential visits and sporting activities

The guidance provides advice on making sure that pupils with medical conditions are able to participate fully in all school activities that take place within and outside of the school premises, including sporting events and school visits.

Question 9: Is the guidance clear that pupils with medical conditions should be actively included in and not be prevented from participating in such activities?

4.10 Unacceptable practice

The guidance provides examples of practice that would generally not be acceptable for schools to adopt when supporting pupils with medical conditions and which we would expect governing bodies to prevent.

Question 10: Is the guidance clear about unacceptable practices?

4.11 Liability and indemnity

In addition to receiving appropriate training, school staff should know about insurance arrangements in the event of a claim of negligence.

Question 11: Is the guidance clear about what needs to be done in relation to insurance arrangements?

4.12 Complaints

The guidance is intended to help governing bodies meet their statutory responsibility to make arrangements to support pupils at school with medical needs. However, the guidance sets out the process that should be followed if those arrangements are challenged.

Question 12: Is the guidance clear about what parents should do if they wish to make a complaint?

4.13 Further sources of information

The guidance includes sections that reference other legislation that may be relevant and signposts to other websites and resources eg associated guidance documents, templates and case studies that will be accessible on-line.

Question 13: Does this section provide sufficient information about the broader legislative framework and the further information, advice and guidance, and other resources to be provided on-line?

4.14 The flowchart

A flowchart has been provided that sets out the process that may be followed for identifying and agreeing the support a child needs, and is intended to help with the development and implementation of individual healthcare plans.

Question 14: To what extent do you think the flowchart will be helpful in supporting the process of developing and implementing individual healthcare plans?

4.15 The guidance document overall

It is important that the guidance provides sufficient information, advice and guidance to help governing bodies to fulfil their statutory responsibilities and to promote good practice.

Question 15: Overall, how helpful do you feel the statutory guidance will be in helping governing bodies to put in place arrangements for supporting pupils with medical conditions effectively?

5 How To Respond

5.1 Consultation responses can be completed online at www.education.gov.uk/consultations by emailing: MedicalConditions.Consultation@education.gsi.gov.uk

or by downloading a response form which should be completed and sent to: Department for Education School staffing policy and reducing bureaucracy team Teachers Group 4th Floor, Sanctuary Buildings Great Smith Street London SW1P 3BJ

6 Additional Copies

6.1 Additional copies are available electronically and can be downloaded from the Department for Education e-consultation website at: www.education.gov.uk/consultations

7 Plans for making results public

7.1 The results of the consultation and the Department's response will be published on the DfE e-consultation website in summer 2014.

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