MODLAP is a partnership between the MOD and local authorities in England to support service children.

About MODLAP

The Ministry of Defence Local Authority Partnership (MODLAP) is a partnership between the MOD and 16 English local authorities that have committed to work together to improve the experience and outcomes of children of UK Armed Forces families. The local authority membership of MODLAP represent those authority areas with the highest numbers of service children in England.

Current membership:

  • Birmingham
  • Cornwall
  • Essex
  • Gloucestershire
  • Hampshire
  • Herefordshire
  • Kent
  • Lincolnshire
  • North Yorkshire
  • Oxfordshire
  • Plymouth
  • Portsmouth
  • Rutland
  • Somerset
  • Staffordshire
  • Wiltshire

Agreed principles for the transition of service children with SEND

The Principles below are drafted in response to the recognition that service children with SEND may relocate more often than the rest of the population and, sometimes, at short notice. The below Principles have been drafted to provide a framework for the effective management of such transitions, in order to avoid service children with SEND experiencing delays in having their needs assessed and met.

Each MODLAP local authority commits to reduce to the absolute minimum, the amount of time service children with SEND are out of education following transition to a new local authority area.

Local authorities agree that consultation with schools for placement of a service child with SEND, will occur prior to the arrival of the family into the area – subject to an official letter from the MOD confirming the relocation date and where all necessary records have been provided to the new local authority at least 30 days ahead of the family’s arrival date. An expectation is implicit within this set of agreed principles, that the originating local authority or appropriate authority (including MOD schools), will ensure all necessary child records (including MOD SCANs and EHC plans) have been provided to the new local authority within 15 days from when they first become aware of the move. This agreement is subject to parents or carers having given a minimum of 45 days’ notice to their current local authority ahead of their move.

As referenced in 10.57 of the SEND Code of Practice, ‘from the transfer of the plan, the new local authority must arrange the special educational provision set out in it, although a child may have to be placed in a school other than the one named on the plan if the distance of the move makes it impractical to send the child to the named school’. As required within the SEND Code of Practice, the new local authority will tell the parents within 6 weeks of the transfer of the EHC plan whether the authority will bring forward the annual review of the plan and whether it intends to reassess the child.

MODLAP local authorities will record and monitor the average amount of time (in days) service children with SEND are out of education in their authority areas, which will be reviewed as a standing agenda item at MODLAP meetings. This data will be used to assess the effectiveness of these principles.

Each local authority will designate a key point of contact or contacts (dependent on the individual structures within local authorities), to coordinate and oversee the transition of service children into (and between) local authority areas. The MOD will facilitate and fund the coordinated activities of officers acting as key points of contact, providing relevant information, guidance and CPD for this group of professionals. It is intended that the activities of this group will deliver exemplars of good practice for the benefit of all local authorities supporting service children with SEND.

The Ministry of Defence commits to regularly review and (where necessary) adapt its Service Child Assessment of Need (SCAN) documentation in partnership with the MODLAP membership, to ensure its continued alignment with the requirements of local authorities.

The local authority agrees to recognise and take due regard of the MOD Service Child Assessment of Need (SCAN) documentation in assessing the needs of children transitioning from MOD Schools. The SCAN documentation is also recognised as analogous to Education Health and Care Plan (EHCP) formats. The local authority further agrees to identify suitable provision that is informed by all available information, including that provided through MOD SCAN documentation. Local authorities will utilise the professional judgements of MOD employed specialist disciplines, along with any other professional judgements provided as part of the statutory assessment process, to; ensure there is no delay in decisions to undertake an Education Health and Care Needs Assessment and; remain within the existing timescales for statutory assessment, as contained within the SEND Code of Practice.

Each MODLAP member will recognise the assessment of needs made by fellow MODLAP members and seek to ensure continuity of provision for all service children transitioning into and out of local authority areas (including children’s moves into MOD Schools areas). This includes the transfer of EHC Plans which are not yet finalised. These principles recognise that the ultimate provision included by the receiving authority may differ from that originally offered, due to differences between the Local Offers of local authorities and provision available in MOD Schools areas.

Local authorities and MOD schools will, when considering provision for service children with SEN or disabilities, use all relevant evidence. This includes statements/Individual Development Plans made for service children in Wales, Statements in Northern Ireland, as well as Co-ordinated Support Plans made for them in Scotland.

MODLAP members commit to the sharing and promotion of the above principles, within and beyond their immediate area of representation, to contribute to the realisation of the ambition that these principles will be widely adopted.

These principles will be reviewed at least annually by the MODLAP membership or at any point where a MODLAP member identifies a need for their review.

List of Local Authorities currently signed up to the principles:

  • Barnet
  • Birmingham
  • Calderdale
  • Cornwall
  • Essex
  • Gloucestershire
  • Hampshire
  • Herefordshire
  • Kent
  • Lincolnshire
  • North Yorkshire
  • Oxfordshire
  • Plymouth
  • Portsmouth
  • Rutland
  • Somerset
  • Staffordshire
  • Stockton on Tees
  • Wiltshire

Published 21 May 2021 Contents