Latest News

Schools and EHCPs - What happens if a school says they are full?

We are regularly asked what parents can do if a school requested to be named in an EHCP has said they are full. To answer this, there are different criteria to consider, depending on the type of school. So, we first need to look at the different types of...

Home to School Transport

What is it? Home to school transport is transport to and from school, arranged by the local authority (LA), free of charge to the pupil. When should it be provided? The LA must provide transport for an eligible pupil if there are no other arrangements in...

A Reminder on Education, Health and Care Plan (EHCP) Transition Reviews

A reminder that: The 15 February marked the legal deadline for local authorities to issue EHCPs naming secondary school type (as a minimum) in Section I: This will describe the type of school that your child will attend from September in Year 7. This...

Problems obtaining an EHCP?

Potential systemic non-compliance - deter, defer, delay Reminder of remedies for refusal to assess decisions/breach of 20-week assessment windows A great recent case ( W, R (On the Application Of) v Hertfordshire County Council [2023] ) well worth a...

Is your child's ASD/ADHD linked to a birth injury? - What you can do

How did your birth plan go? A personal question but one that is worth considering. Whilst ASD and ADHD can be genetically linked there are incidences where the conditions are in fact triggered by physical injury caused by sub-standard medical care. ...

Special Educational Needs and Disability (SEND), Mental Capacity and Family Law: What you Need to Know

Family cases involving children and young people with SEND often feature added complexity, beyond the remit of family courts. Mencap and Public Health England identified 353,000 children as having a learning disability (2016) and with divorce rates sharply...

Learning Disability Week 2023

This year we want to show the world the incredible things that people with a  learning disability  achieve, smashing misconceptions about what people can do and shining a light on the stigma many still face every day. Mencap’s Learning...

Pupils with SEND - Out of school; what are their options?

Pupils with special educational needs and disabilities (SEND) are legally entitled to attend school along with their peers. Compulsory school starting age for all pupils is 5 years old  [1] and they must remain in school full-time until the end of the...

60 Seconds with James Pantling-Skeet - Dorset Children's Foundation (DCF) Trustee

James Pantling-Skeet is an experienced Associate in Boyes Turner’s highly regarded Community Care, Court of Protection and Special Educational Needs teams.  In this 60-second read, James talks to experienced medical negligence solicitor...

Back to School Special: Day 5 - Health and/or Social Care Mediation

This is the final article in our series on matters parents/carers may need to address in the following year. You can find the other articles here . Parents/young people can request mediation if they are unhappy with the social and/or health care elements...

Back to School Special: Day 4 - SEN Mediation

This is the fourth in our series of articles this week, following on from what should be included in an EHCP, and how to find a placement. You can find the other articles here Parents/young people must have a mediation certificate before they can register...

Back to School Special: Day 3 - Finding a school or college for a pupil with an EHCP

This is the third in our series of back to school articles for parents and carers, following on from our discussion of the content of Education, Health and Care Plans (EHCPs) and annual/phase transfer reviews. You can find the other articles here . Pupils...

Back to School Special: Day 2 - EHCP Annual Reviews and Phase Transfer Reviews

This is the second article in our ‘Back to School’ series; yesterday we examined the content of Education, Health and Care plans (EHCPs). You can find the article here . Annual Reviews Local authorities (LAs) must review EHCPs at least once...

Back to School Special: Day 1 - Content of Education, Health and Care Plans

As pupils prepare to return to school and college, we’ve put together a series of five articles on matters that parents/carers may need to address in the next year. In our first article, we examine the content of Education, Health and Care Plans...

Annual Reviews and the Expired Loop!

An update to an article that we first produced in 2018 and following the recent case of R (on the application of L and others) v Devon County Council [2022] EWHC 493 (Admin) which has put to bed the Loop! A reminder of parent and young persons’...

School exclusions and pupils with SEN

Children with special educational needs (SEN) are 5 times more likely to receive a permanent exclusion than pupils with no known SEN. While the rate of permanent and fixed-period exclusions has come down, there is clearly more to be done to ensure that...

Autism and Educational, Health and Care Plans (EHCP)

The National Autistic Society describes autism as a ‘lifelong, developmental disability that affects how a person communicates with and relates to other people, and how they experience the world around them’. Autism is a spectrum condition...

The Special Educational Needs (SEND) review green paper: right support, right place, right time

The Government has completed its review of education in England and has published a green paper proposing changes to the SEND and alternative provision (AP) system in England. It is hoped the changes will better support children and young people (CYP) to...

SNAP Webinar - Education, Health and Care Needs Assessments (EHCNA)

I spoke with SNAP Care on 16 March 2022 about EHCNAs and what parents and young people who have special educational needs should know. Below are some of the questions and answers: 1. What is an EHCNA? It is a holistic assessment of a child or young...

Plugging the gap on the never ending Annual Review cycle

The long awaited High Court judgment in R (L) v Devon CC [2022] EWHC 493 (Admin) finally provides clarity on the process of amending Education, Health and Care Plans (EHCPs) after annual reviews. In short, if the local authority proposes to amend the EHCP...

All change: The Welsh ALN reforms

What are the ALN reforms? Pupils in Wales with special educational needs (SEN) are supported through early intervention/intervention plus; school action/action plus; and Statements of SEN. These are now being phased out in favour of a single statutory...

Snap Care - cease to maintain education, health and care plans (EHCPS)

I spoke with SNAP Care on 9 February 2022 about EHCPs, and what you need to know about when a Plan can be ceased, and when one is ceased, by the local authority (LA). Here are some of the questions and answers: If a young person (YP) reaches 19 years old...

Inside Government Education, Health and Care Plans (EHCPS) Training - Key Points

I have provided training for Inside Government on ‘Meeting the Legal Requirements of an EHCP’, on several occasions, most recently in January 2022. A number of delegates were from schools and keen to know more about EHCPs. Below are some of the...

SNAP Webinar - Transition Review of EHCPs

I spoke with Snap Care on 12 January 2022, to discuss Transition Reviews of Education, Health and Care Plans (EHCPs). Below are some of the questions and answers: 1.    What are Transition Reviews? EHCPs are legally required to be reviewed...

Special Educational Needs and Disability (SEND) Tribunal Extension Appeals

The SEND Tribunal ran a National Trial from 3 April 2018 until 31 August 2021 that enabled parents and young people (YP) with SEND who appealed to the SEND Tribunal about: Their local authority (LA) not issuing an Education, Health and Care Plan (EHCP); ...

Can I request an EHC needs assessment without a diagnosis?

The local authority must complete an EHC needs assessment if your child has or may have special educational needs, and if your child may need special educational provision to be made through an EHCP. You do not need a formal diagnosis in order to...

The Phase Transfer Review Process

Many Local Authorities (LA) are currently holding review meetings to review and amend the Education, Health and Care Plan (“EHCP”) for children or young people that are due to transfer from one phase of education to another. Phase transfer...

My child will soon be turning 18: Do they need a deputy?

Mental capacity and decision making When your child reaches 18 they will become a legal adult. Amongst other matters, this means that they will be deemed able to make their own decisions about all aspects of their life, unless it is established that they...

My child will soon be turning 18: What do I need to know?

Turning 18 is a fundamental milestone for all young people. For children and young people with a disability and/or special educational needs, it can be a particularly challenging time. In practice, planning for post-18 support for a disabled child tends to...

My LA has just declared bankruptcy - what does that mean for my child's SEN support or EHCP?

Slough Borough Council has declared bankruptcy, joining Northamptonshire County Council and Croydon Council in issuing notice that it can now provide only essential council services. In February 2021 the Financial Times reported twelve authorities were in...

Arranging EHCP provision: how long is 'reasonable'?

When a local authority (LA) issues an EHCP, it must arrange the provision specified in Section F (s42 Children & Families Act 2014). The question of what is ‘reasonable’ time to implement Section F was examined in the recent case of BA, R (On...

Snap Care Webinar - Back to School

I spoke with Snap Care on 31 March 2021, to discuss Education, Health and Care Plans (EHCPs) and the relevant topic of ‘Back to School’. Below are some of the questions and answers: 1. Should all children/young people (C/YP), including those...

Special Educational Needs (SEN) funding - What do I need to know?

An area of SEN that can cause uncertainty is funding and, in particular, the different elements of SEN funding and what, in practice, these mean for support for pupils in schools. Element 1 Known as the core budget/Age Weighted Pupil Unit (AWPU) for each...

The question of specificity in EHCPs revisited - when is enough enough?

LB of Redbridge v HO (SEN): [2020] UKUT 323 (AAC) Those working with EHCPs will have heard many times over that provision in a Statement or Education, Health and Care Plan (EHCP) must ‘ so specific and so clear as to leave no room for doubt as to...

EHCP - school transition deadline - 15 February

Hopefully today is the day the LA confirmed your parental choice of placement. Your local authority (LA) must issue a new Education, Health and Care Plan (EHCP) for children moving to a new phase of education on or before 15 February. This is the stage...

Mental Health and SEND

Children and young people with SEND face additional barriers that can affect their mental health. Unidentified speech, language, and communication needs can significantly impact their ability to express feelings and to feel understood and connected to...

Children and Young People's Mental Health in 2021 - What do we know?

In October 2020 the NHS published the Mental Health Survey for Children and Young People. The Survey is notable because it follows up with participants who were questioned in 2017. The Survey offers a sobering insight into children and young...

Children's mental health crisis - is it new?

It is impossible to ignore the growing mental health crisis which has been exacerbated since school lockdown due to Covid-19. However, for many families with children with special educational needs and/or disabilities, this is nothing new. The lack of...

EHCPs - What do I need to know about Personal Budgets and Direct Payments?

What is the difference between a Personal Budget and Direct Payment?  A Personal Budget is an amount of money agreed with the local authority to deliver the education, health and/or social care provision in an Education, Health and Care Plan (EHCP)...

Schools and EHCPs - Can any School be named in Section I, and does the School have to agree?

One question we often get asked is what school a parent can request is named in Section I (placement) of an Education, Health and Care Plan (EHCP) for a child or young person (C/YP) and does that school have to agree? First, we need to consider the...

A look back on schools named in EHCPs

As we approach the end of 2020, and a new school term starting next month, it is a good time to reflect on the different schools the Boyes Turner Education Team have helped children and young people (C/YP) with Education, Health and Care Plans (EHCPs) to...

The Surrey Exclusion Zone and SEN

Are you a parent of a child or young person with special educational needs (SEN) facing exclusion, or, subject to suspension? If so you fall into the significant, but increasing minority facing an increase in exclusion/suspension numbers. Statistics for...

Funding bands and Education, Health and Care Plans

The EHCP does not specify funding, it only specifies provision and it is not clear that the provision is dedicated solely to that pupil (local authority) We are often contacted by parents because their child or young person’s Education, Health and...

SEND back to normal - maybe not yet...

The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations2020 came into force on 1 May 2020 with implications for children and young adults with SEND. The Regulations are in place until 25 September 2020. It is unclear whether further regulations around SEND will follow. The government has made it clear that children and young adults are to return to education as a priority. Minister Ford wrote to families and young people with SEND on 2 September 2020.

Transition reviews

Children and young people may transition between several stages of education: early years provider to school infant school to junior school primary school to middle school primary school to secondary school middle school to secondary school secondary...

School named on EHCP - independent mainstream v maintained special

Parents often reach out for help when they want to appeal the type and name of school on their child’s Education, Health and Care Plan (EHCP). For many children, the local maintained special or mainstream school is simply not the right fit. The special...

Special Educational Needs & Disability (SEND) Tribunal - Top Tips

With the academic year shortly starting back from September, albeit it is likely that this will look different as a result of Covid-19, this time of year also signals the start of a new year of appeal hearings for the SEND Tribunal.  The SEND Tribunal...

Exam results missed - the plight of the Forgotten Few Home Educated/EOTAS minority

There is much press at the moment addressing how schools, colleges and exam boards managed the challenge of an assessed grading system arising from the Covid-19 pandemic. However, if your child or young person (those aged 16+) fell into the small,...

Secretary of State announces no further changes around EHCPs due to Covid-19

The absolute duty to deliver special educational and health care provision set out in an Education, Health and Care Plan (EHCP) was modified from 1 May to 31 July 2020 , triggered by notices from the Secretary of State for Education. During this period,...

And finally....Covid-19 - Changes extended again to 31 July 2020

The Secretary of State for Education triggered changes to the absolute duty for Local Authorities (LA) to make provision set out in Education, Health and Care Plans (EHCP) to LAs using ‘reasonable endeavours’ by passing The Coronavirus Act 2020...

SEND Tribunal National Trial - An Update

We previously wrote about the Special Educational Needs and Disability Tribunal (SENDIST) National Trial on 6 February 2020 – you can view this article here . Here is a brief reminder of what the National Trial does: Since 3 April 2018, SENDIST...

And there's more....Covid-19 - Changes extended for children/young people with SEND

We last wrote about the changes to the duty to make provision set out in Education, Health and Care Plans (EHCPs) on 4 May 2020. The changes were to be in place until 31 May 2020. This has now been extended to 30 June 2020 by a 2 nd Notice - The...

Section E (EHCP) outcomes - how important are they?

This article was written during the coronavirus outbreak in May 2020. Please note that the updated Government guidance at the time did not alter local authorities’ duties in terms of Section E outcomes. In the Education Team at Boyes Turner, we see a...

Covid-19 - Changes triggered for children/young people with SEND

We last wrote about The Coronavirus Act 2020 and what it meant for children and young adults with special educational needs and/or disabilities here . Since then, there have been two key changes: 1)The Secretary of State for Education has now triggered ...

Covid-19 and children/young people with SEND

Much has happened over the last few weeks. Here’s a round-up of where we currently stand and what we know to date. This information is correct as of 30 March 2020. The Coronavirus Act 2020 has now been passed – the Act has implications for...

Autism and EHCPs - What you need to know

Autism Awareness Week (set up by the National Autistic Society ) runs this year from 30 March – 5 April 2020. It is a good opportunity to highlight the importance of how a good Education, Health and Care Plan (EHCP) can really make a difference for...

SEND Tribunal National Trial - What you need to know

What is the SEND Tribunal? The Special Educational Needs and Disability Tribunal (SENDIST) is an independent specialist tribunal that hears appeals during the EHCP process. This includes appeals from parents or a young person (YP) whose request for an...

Key Education Health and Care Plan diary dates for the year ahead

If you are a parent with a child or young person (YP) with an Education Health and Care Plan (EHCP), then now is a good time to look ahead at the New Year and to plan for the key dates in the SEN calendar. Whilst timescales for the EHCP process are legally...

"You can't get an EHCP for dyslexia" - Can you?

How many times have you heard this? Is it true? The simple answer is it very much depends upon the learning needs of each individual. The first challenge is to obtain a diagnosis. Many children and young people struggle through their education, remaining...

The importance of a good educational psychologist in EHCP cases

A report by an educational psychologist (EP) is often the corner stone for an Education Health and Care Plan (EHCP). What do educational psychologists do for the EHCP? EPs gather information within the school/education context to work alongside other...

What are the '7 aspects of engagement'? New statutory assessment on the horizon

Pupils working below the standard of the national curriculum assessments are currently assessed using P scales 1 to 4. On 22 November 2018 the Department for Education (DfE) announced its plans to replace existing P scales 1 to 4 with a new statutory...

Amputation & special educational needs - What can be done to help?

A child or young person can face the trauma of amputation in a myriad of circumstances, be it from the treatment of meningitis or cancer, or as a result of an accident or injury. However, whatever the cause of injury, the recovery and rehabilitation of a...

Getting ready for the new school year

September is fast approaching and with it brings the start of a new school year. It would seem that parents now more than ever have an abundance of different types of school to choose from. Or do they? What responsibilities do the various bodies have and...

Angelman UK Family Conference 2018 - what we learnt about EHCPs

Angelman UK (also known as ASSERT) held its 10th family conference on the weekend of 10-12 th August 2018. Laxmi Patel , Head of Education, was invited to give a seminar on Education, Health and Care Plans (EHCPs) and run workshops on what parents can do...

Upper tribunal allows appeal - educational provision out-of-term-time

An interesting recent case, GK v North Somerset Council (2018) , was heard at the Upper Tribunal in relation to special educational provision out-of-term-time. Parents and educational professionals will know that children and young people (CYP) can take a...

School's out - but does your child have a school/college place ready for September?

Whilst most families will have settled into the summer holidays, waved goodbye to teachers, school transport and stopped making packed lunches, thoughts will turn in a few weeks to the start of the new school term. Preparations need to be made – school...

Help with education after a brain injury

An acquired brain injury (ABI) is an injury caused to the brain after birth. It can be caused by a fall, a road traffic accident, stroke or a tumour or meningitis. The initial focus after all brain injuries is medical help. Once this has stabilised, for...

Dyslexia and support available through EHCPs

I recently visited the Helen Arkell Dyslexia Centre in Surrey, a specialist centre offering assessments and services for children and adults with Specific Learning Difficulties, to provide training on Education, Health and Care Plans (EHCPs). Helen Arkell...

When and how you should consider Special Educational Needs as part of a child's/young person's injury claim?

Where a child or young person has sustained an injury, whether through an accident or medical negligence, the initial focus is understandably centred on treatment and rehabilitation. Educational needs can either be overlooked or only considered at a later...

Annual Reviews and the Loop

A reminder of parent and young person’s rights under Annual Reviews. What are the rights of appeal following Annual Review? Section 51 Children and Families Act 2014 (CFA) gives parents and young persons the right to appeal of the Local...

Is a powered wheelchair a special educational provision?

The key issue in an appeal to Upper Tribunal  in the case of East Sussex County Council V JC [2018} UKUT 81 (AAC) was whether a powered wheelchair is a special educational provision .  In this case a young person was reliant on a...

A look at the specificity question in EHCPs, how small is small?

It is well known that any education provision in an Education, Health and Care Plan (EHCP) “must be so specific and clear as to leave no room for doubt as to what has been decided ” (L v Clarke and Somerset CC  1998) The SEND Code...

The new SEND pilot recommendations - what's it all about?

The Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017 are coming into force on 3 April 2018. The DfE states that the new 2-year national trial will ‘extend the power of the special educational needs...

Deadline for transfer of Statements to EHCPs fast approaching

Transferring children and young people from Statements of SEN to Education Health and Care Plans (EHCP) has been phased from the introduction of the Special Educational Needs and Disability (SEND) reforms in September 2014 to the end of March 2018. By 1...

The Quantification and Specification again...

‘Provision in Section F of an EHCP must be so specific and clear as to leave no room for doubt as to what has been decided’. This is well known SEN case law (L v Clarke and Somerset CC (1998)) that should be ingrained in the training of all...

Joining up Education, Health and Social Care

The new Special Educational Needs and Disability (SEND) Pilot Regulations giving the SEND Tribunal the ability to made recommendations on health and/or social care aspects of the Education, Health and Care Plan (EHCP) will apply to decisions made from 3...

SEND in Wales - all change!

SEND law is changing is Wales. The changes were proposed back in April 2016. You can read our views at that time here . The Additional Learning Needs and Education Tribunal (Wales) Bill was eventually passed by the National Assembly for Wales on 12...

New SEND Pilot Regulations - imminent changes ahead

Changes to SEND Tribunal appeals Following on from our news story in October 2017 when the Minister of State for Children and Families, Robert Goodwill, announced the expansion of powers of the Special Educational Needs and Disability Tribunal, we are...

Changing school and the 15 February deadline

If your child has special educational needs (SEN), then 15 February has significant meaning – this is the date by when the local authority (LA) must issue a new Education, Health and Care Plan (EHCP) or Statement of SEN for children who are moving on...

Are we nearly there yet?

Full transition to EHCPs to be completed by 31 March 2018

Local Authorities are under a statutory duty to transfer all children and young adults with Statements of Special Educational Needs (SEN) who are eligible for an Education, Health and Care Plan (EHCP) to the new SEND system by 31 March 2018. The transition process should involve detailed assessments (in most cases), a meeting with parents, professionals and the Local Authority (LA) and drafting a new Plan. The process should take no more than 20 weeks. We are now 10 weeks away from the deadline – are LAs nearly there yet?

DfE guidance on post-16 transport to education and training

The Department for Education (DfE) issued new post-16 transport guidance on 26 October for Local Authorities (LA). The guidance is, we suspect, as a response to problems that parents have voiced in recent months about problems with school/college transport...

Expanding the powers of the SEND First-tier Tribunal

On 26 October 2017 the Minister of State for Children and Families, Robert Goodwill, announced the expansion of powers of the SEND First-tier Tribunal (FTT). The changes will enable judges to make non-binding recommendations on the health and social care...

Boyes Turner Annual SEN conference 2017

“The second conference I have attended and they get better and better. Really useful.” “Really good – please make it a regular thing.” “Thank you for another excellent seminar.” Boyes Turner SEN team hosted...

Can home/school transport be included in an Education, Health and Care Plan?

It is well established that home to school transport cannot be considered a special educational need or special educational provision and cannot, therefore, be included in an EHCP. The recent case of Staffordshire County Council v JM [2016] UKUT 0246 (AAC)...

Local Authority's duty to consult over the summer break

We had an interesting enquiry recently about the local authority’s (LA) duty to seek advice over the summer holidays when it is drafting an  Education, Health and Care Plan (EHCP) . The enquiry referred to the ‘4-week rule’. What is...

SEN law update from leading legal professionals - 28 September 2017

To book your place at this event please  click here . This event is for case managers, independent therapists, schools and professionals advising young people and parents of children with special educational needs. It will provide information on the...

Amendments to EHCP not restricted to Sections B, F and I

LB of Hillingdon v SS and Others (SEN): [2017] UKUK 250 (AAC) A recent appeal to the Upper Tribunal (UT) sets out that the First-tier Tribunal (FTT) can make amendments to an Education, Health and Care Plan (EHCP) other than those in Sections B, F and I....

Clarity on the naming of independent/non-maintained placements on EHCPs

LB of Hillingdon v SS and Others (SEN): [2017] UKUK 250 (AAC) The Children and Families Act 2014 (CFA) introduced a system by which the Secretary of State can approve independent special and special post-16 placements to enable them to be requested to be...

Education for children following an acquired brain injury

When a child acquires a brain injury, they can present with a wide range of alterations in physical function, cognition, communication, social, emotion and behaviour regulation. The nature and severity of injury may also result in ongoing medical...

DfE statistics on the Special Educational Needs and Disability reforms - could do better?

The Department for Education (DfE) has released its 2016-2017 statistics looking at special educational needs and disabilities (SEND) (25 May 2017). The statistics include information on the progress of transferring Statements of SEN (SSENs) and learning...

Labour's manifesto for disabled people: Replacing the EHCP

Wading through the “sound bites” of election manifestos and general press coverage, there was one that caught my eye in particular. Labour released details of their separate mini manifesto specifically on disability policy,  “Nothing...

Education, Health and Care Plans for young people aged 19-25

Requesting an Education, Health and Care Needs assessment Young people who have Special Educational Needs (SEN) but do not have an Education, Health and Care Plan (EHCP) have the right to request an assessment of their SEN at any point before their 25th...

Appealing a decision by the First-tier Tribunal (FTT) - how far does the Tribunal have to explain the reasons for its decision? Clarity provided in ME v London Borough of Southwark [2017] UKUT 73 (AAC)

The Upper Tribunal (UT) in this case allowed an appeal against a decision of the FTT, finding that it had not fully explored the relationship between ss 33 and 39 of the Children and Families Act 2014 (CFA) and had not adequately explained how and why the...

MG v Cambridgeshire County Council (SEN) - [2017] UKUT 0172 (AAC)

An interesting case providing clarity on when an order of costs can be made. It is hoped that the decision will deter local authorities (LA) from prolonging appeals which should rightly be concluded swiftly because they have no prospect of a reasonable...

Amendments to Section E of an Education, Health & Care Plan (EHCP) - P v Worcestershire County Council (SEN) [2017] UKUT 92 (AAC)

The Upper Tribunal (UT) found that the First-tier Tribunal (FTT) had made an error in dismissing a young person’s appeal against the content of an EHCP without ordering amendments to make the Plan workable. The appeal concerned a young person,...

Another appeal exploring EHCPs and young adults - Gloucester County Council v EH (SEN) [2017] UKUT 85 (AAC)

This case concerns the obligation of local authorities (LA) in England under the Children and Families Act 2014 (CFA) in relation to young people (aged under 25 years and over compulsory school age and with special educational needs (SEN). The appeal In...

EHCPs - guidance from the Upper Tribunal about the EHC needs assessment and higher education

The Royal Borough of Kensington & Chelsea v GG (SEN) [2017] UKUT 141 (AAC) The case concerns an appeal by ‘G’ against the local authority’s (LA) decision to refuse to carry out an EHC needs assessment under s36 (3) Children and...

New SEN partner part of swathe of promotions at Boyes Turner

Laxmi  joined the firm in 2014 to establish a Special Educational Needs team at Boyes Turner, a welcome addition to the Claims group. The medical negligence, court of protection and now special educational needs teams all work to support babies and...

Down Syndrome: Planning education through to adulthood

It was International Down Syndrome awareness day on 21 March 2017. To help raise awareness, we are writing a series of articles about Down Syndrome and education. Today we are looking to education through to adulthood. In a week where Kathleen...

Further education for children and young adults with Down Syndrome

It is international Down syndrome awareness day on 21 March 2017. To help raise awareness, we are writing a series of articles about Down syndrome and education. Today we are discussing secondary and further education for children and young adults with Down...

Early years and Primary education - Down Syndrome Awareness week 2017

It is international Down syndrome awareness day on 21 March 2017. To help raise awareness, we are writing a series of articles about Down syndrome and education. Today we are exploring early years and primary school education for children with Down...

Down syndrome awareness week- Common educational characteristics

It is international Down syndrome awareness day on 21 March 2017.  To help raise awareness, we are writing a series of articles about Down syndrome and education. Today we are looking at the common educational characteristics of a child with Down...

Down syndrome awareness week - A brief history

It is international Down syndrome awareness day on 21 March 2017.  To help raise awareness, we are writing a series of articles about Down syndrome and education. Children with Down syndrome were not always entitled to an education. We are looking back...

Inclusive teaching and learning in higher education

Once a young adult turns 18 they are no longer legally required to participate in education.  However, the Education, Health and Care Plan (EHCP) can now provide support to young adults until they are 25 years old provided their learning outcomes have...

Parents to blame for misdiagnosis of special educational needs?

So says the findings of a GL Assessment report out today, 24 February 2017, ‘Hooked on labels not on needs’. The survey polled 810 teachers from 19 January to 1 February 2017. In summary, the findings are: 57% of teachers in the survey think...

Personal budgets for education and social care

Personal budgets and direct payments are a way that individuals can manage their own care and support. There is an increasing drive by the government in recent years to promote it. It has been around in social care for a while but is relatively new in the...

Review of residential special schools and colleges

The Minister for Vulnerable Children and Families Edward Timpson Department for Education (DfE) is commissioning a review to investigate the experiences and outcomes of children and young people (CYP) in residential special schools and colleges. Dame...

The truth about SEN School Transport

Over the last few years, there have been regular news articles about cuts to school transport. This has taken the form of reducing number of school buses, terminating services entirely and increasing the amount parents have been asked to contribute. ...

House of Commons Briefing on the Special Educational Needs and Disability (SEND) Reforms

The House of Commons Library briefing published on 10 November 2016 sets out information on the impact of the changes for children with special educational needs and disabilities brought about by the Children and Families Act 2014. For those who want to...

Westminster Education Forum 2016

On the 3 rd  November  Laxmi Patel , Head of Education at Boyes Turner, was invited to be a guest speaker at the Westminster Education Forum in London. The Westminster Education Forum is an opportunity for interested parties across the Education...

School exclusions and Special Educational Needs

Pupils who have special educational needs (SEN) support, including those children with  Education, Heath and Care Plans  (EHCP), have the highest exclusion rate in the UK. The Department for Education found that children with SEN are over 7 times...

What happens when parents disagree with each other about school placement?

The appeal of  S-G v Denbighshire County Council and another  has, for the first time, considered how special educational needs tribunals should handle a case where parents do not agree with one another about school placement. This judgement...

Great Scott! Another SEND review report...

Lee Scott was asked in March 2016 by the previous Education Secretary, Nicky Morgan, to look into the special educational needs and disability (SEND) changes brought about by the Children and Families Act 2014. Mr Scott was the former Prime Minister’s...

A night with Dingley's Promise

Earlier this month Boyes Turner’s special educational needs (SEN) specialists were kindly invited to attend an event celebrating local charity  Dingley’s Promise . Dingley’s Promise is a registered not for profit charity with a...

Boyes Turner Annual SEN conference 2016

Boyes Turner SEN team hosted their annual conference on 20 October 2016. Laxmi Patel , Head of Education at Boyes Turner, gave us top tips and guidance on how to complete an Educational Health and Care Plan  (EHCP)  and provided real examples...

Dyslexia Awareness Week 2016 - Living with dyslexia

What do Winston Churchill, Agatha Christie, Richard Branson and Jamie Oliver have in common? All of these successful celebrities were diagnosed with  dyslexia ! Dyslexia Action reports that one in 10 people are dyslexic, more than 6.3 million people...

Dyslexia Awareness Week 2016 - What are the benefits of a SEN school?

Choosing a new school for your child can be one of the most stressful decisions you will have to make as a parent. But for parents with children who have special educational needs, this decision becomes even more challenging. It is a question of suitability...

Dyslexia Awareness Week 2016 - Children who require an EHCP for dyslexia

All state schools are required by law (Equality Act 2010) to ensure that special help is provided for children with special educational needs, such as dyslexia. This often includes additional one- to-one support with a Teaching Assistant or additional time...

Dyslexia Awareness Week 2016 - How do you identify dyslexia?

Dyslexia  is a developmental disability which means you are born with this disability. Despite this, a diagnosis of dyslexia is often not reached until the child is at school and is seen to struggle in comparison with their peers, explaining why it is...

Dyslexia Awareness Week 2016

As special educational needs specialists we often meet clients who have been diagnosed with dyslexia and see how challenging this disability can be in day to day life.  But what many people do not realise is that one in 10 people struggle with dyslexia...

Changes to the Tribunal appeals

The Special Educational Needs and Disability Tribunal (SENDIST) has brought in new changes to the tribunal appeals process. The changes were brought in from 1 August 2016 and have not been widely publicised. The tribunal’s website will be changed in...

When is an Education Health and Care Plan (EHCP) necessary?

The judgment of the Upper Tribunal in  Hertfordshire County Council v MC and KC (SEN) (Special educational needs : Failure to make a statement)  has been released. This case the question of when an EHCP is necessary. This case is an appeal...

No hours, just banding, in an EHCP

Over the weekend, we received  this flyer  from a concerned parent via Facebook. The parent asked us whether what the local authority was proposing was lawful. The flyer “SEN Banding Information Sessions” poses the question;...

Are we now seeing the reality of the SEND reforms?

We are approaching the end of the academic year. This is normally a busy time for education lawyers, particularly those of us who specialise in special educational needs. This year, however, has been the most hectic I have experienced in nearly 10 years...

Special educational needs (SEN) funding - How does it work?

We’ve been asked to clarify how special educational needs funding (SEN funding) is handled in schools. We are told that some local authorities (LAs) are ‘deducting’ the first £10,000 and others are ‘deducting’ the...

Clarity from the Upper Tribunal about young people and EHCPs

The Children and Families Act 2014 created a new system of support for children and young people with special educational needs and disabilities (SEND). Two of the many changes made were: Extending SEND support to the age of 25; Creating the...

Learning difficulty assessments (LDAs) - Your questions answered

Over recent weeks we have experienced an increase in enquiries from concerned parents and young people who (1) will be moving on to further education in September or (2) are already in further education but where they have been told that continued funding...

Special educational needs statistics are released by Department of Education

The Department for Education (DfE) has issued its first set of special educational needs statistics following the changes brought about by the Children and Families Act 2014. The information published on 26 May 2016 is currently the only national source...

Helping families of disabled young people to face the future - The Transition Event 2016

Our special educational needs team will be attending the Transition Event on Thursday 26th May 2016 at the National Motorcycle Museum, Birmingham. Support for young people with disabilities into adulthood Celebrating its 10 th  anniversary, the...

SEN law changes in Wales - a Special Educational Needs solicitor's view

We have been asked for our views on the proposed SEN law changes in Wales. This is what we think. SEN law in Wales is changing. The proposed changes are, in some ways, similar to the changes following from the Children and Families Act 2014 in England,...

How much you've paid for the SEND reforms

Since the beginning of February 2016, we have been chasing the Department for Education for details of the costs of the special educational needs and disability (SEND) reforms. On Friday 18 March we received the answer. The total figure is staggering. ...

Special educational needs - what's really happening?

On Thursday 10 March we attended the Kidz to Adultz event at the Ricoh Arena. We attend these events every year. Every year, we speak to increasing numbers of parents raising concerns. This year, we spoke with dozens of parents, more than ever before,...

New SEND guidance for health professionals - is it any clearer?

Since the special educational needs and disability (SEND) reforms came about with the Children and Families Act 2014 coming into force in September 2014, we have expressed our concerns about health and social care not engaging with the process. Read ...

Education and Adoption Bill to become law

The Department for Education (DfE) has  confirmed  that the Education and Adoption Bill has completed its journey through Parliament and will now be put forward for Royal Assent. This means that the Bill will shortly become the Education and...

Worrying statistics regarding SEND reforms & EHCP transition deadlines

The Department for Education (DfE) has issued a new newsletter summarising recent events in relation to the new special educational needs and disability (SEND) reforms. SEND reform statistics Perhaps most shocking are the findings from the December 2015...

High-functioning autism and special educational needs

Over the past few weeks we have been contacted by a number of parents of children with high-functioning autism (HFA). It seems increasingly common for local authorities to refuse to make an Education, Health and Care (EHC) needs assessments of young people...

Replacement SEN Statements cause 'postcode lottery in school funding'

Laxmi Patel  recently contributed to an article in School’s Week in response to a Freedom of Information request highlighting significant differences between local authorities in the number of assessments completed in the first year of the...

LA cuts taking their toll

“A new special educational needs (SEN) system has been in place for more than a year. But have the changes been positive? Laxmi Patel gives them a broad thumbs up – but warns that cuts are taking their toll”. Laxmi Patel  recently...

DfE puts more money into SEND reforms

On 29 January 2016 the DfE announced that it would be putting more money into the special educational needs and disability (SEND) reforms. The additional funding is £80 million. The funding breaks down as follows: £35.87 million to local...

Statements and EHCPs to be amended by 15 February...

We are fast approaching the 15 February, the date by when local authorities (LAs) must issue a new  Statement of Special Educational Needs (SSEN) or Education, Health and Care Plan (EHCP)  for children who are transferring to a new phase of...

Exclusions and special educational needs

The Department for Education (DfE) has published  statistical analysis  of absences and exclusions for pupils with special educational needs (SEN). It is no surprise that the statistics show that children with SEN and/or disabilities are more...

BABICM Children & Young People Event - 12th May 2016

We are proud to announce that we are hosting the BABICM Children and Young People group’s Special Educational Needs training day for case managers. This course will be for case managers who are supporting children and young people up to the age of...

More local authorities included in pilot scheme for health and social care

The government has passed legislation to come in force on 1 February 2016 –  The Special Educational Needs and Disability (First-tier Tribunal Recommendation Power)(Pilot)(Amendment) Regulations 2016  that will come into force on 1 February...

What goes into a Statement of Special Educational Needs?

At a time when special educational need provision is moving away from  Statement of Special Educational Needs (SSEN)  to  Education Health and Care Plan (EHCP) , you could be forgiven for thinking that SSENs were understood. Unfortunately,...

Personal budgets, direct payments and SEN (2)

This is the second of a two-part post. Yesterday’s post explained what a personal budget is, how parents/young person (YP) can request one, personal budgets for Health and Social Care, challenging the local authority’s (LA’s) decision and...

Personal budgets, direct payments and SEN (1)

We get enquiries about personal budgets time and time again. Whilst the right for parents and young people (YP) to request a personal budget has been in force now for over a year, it is apparent that very few people who want one have actually managed to...

Who is responsible for therapy in an Education, Health and Care Plan?

There is still quite a lot of confusion about how therapeutic provision should be provided to a child or young person who has an  Education, Health and Care Plan (EHCP) . Yesterday, 6 January 2016, we received a letter from a local authority which...

When a Tribunal isn't a Tribunal - all change to SENDIST panels

Following three years of consultation and pilots, the  Special Educational Needs and Disability Tribunal  panels are going to be changed. With immediate effect, all appeals will automatically be allocated a two member panel. In January 2013 the...

Ofsted's Annual Report - findings for children with special educational needs (SEN)

Ofsted  published its annual report on 1 December 2015. The report follows over 5000 inspections of schools, colleges and further education placements. In addition to the north/south divide (the gap between the performance of secondary schools in the...

Education Law Monitor, October 2015 - Guest article from Boyes Turner's Laxmi Patel

We have recently written an article for the periodical, Education Law Monitor. Within our article, we explored the developments of the special educational needs system over the last year and what we hope to see in the next year. Special Educational...

EHC plans and the postcode lottery

“Speakers at the Westminster Education Forum touched upon an issue that I believe needs to be discussed and understood more fully. Changes to the special educational needs (SEN) regime brought about by the  Children and Families Act 2014 (CFA)...

What happens when a Local Authority cuts funding half way through a course

The case of R (C) v Westminster City Council (2015) has just been reported. Unfortunately, we have not been able to locate the case on free databases and, as yet, have not received the full citation. The case concerns a judicial review of a...

Why a Statement (or EHCP) is crucial

The DfE has released an updated report on the destinations of pupils leaving Key Stage 4 and Key Stage 5. The data can be found  here . These figures relate to the academic year 2013/2014. As such, they are an assessment of the outcomes for children...

Is the Local Offer really the problem?

The Department for Education (DfE) has released its latest Special Educational Needs and Disability (SEND) newsletter. It focuses heavily on the failings of the  Local Offer , but is quiet on a number of other issues. The newsletter...

...even more unlawful SEN policies

We received a letter recently which describes another  blanket policy  being operated by at least one local authority (LA).  The letter is from an LA to the parent of a child with special educational needs and disabilities (SEND). The...

Local Authority warns of cuts to children's services

In February this year we wrote about cuts to local authority budgets and the consequences for children’s services. You can read the story  here . With cuts to budgets from central government it is no surprise that cuts to local authority...

Update on EHCPs - Boyes Turner provide training to Scope's Independent Supporters

We  ran a training session on 16 September 2015 at Scope’s head office in London, reviewing the changes for children with special educational needs (SEN) a year after the Children and Families Act 2014 (CFA) came into force. The training was...

Educational support for children with cancer

September is childhood cancer awareness month. As one Twitter entry put it, “We often do recover and grow up, but treatment has short and long term side effects. We need better options” ( @vickyyyf ) Of course, parents and children are likely...

The Children and Families Act 2014 - One year on

The Children and Families Act (CFA) came into effect a year ago, on 1 September 2014. At that time, we felt hopeful that we were on the brink of a significant cultural shift. We questioned whether the transition would be smooth, whether there would be much...

DfE issues new transition advice

On 13 July Edward Timpson, Minister of State for Children and Families, wrote to Directors and Lead Members of Children’s Services for all local authorities in England. That letter is  here . At the time we considered what  conclusions...

SEN expert evidence - Guidance from the Upper Tribunal

The Upper Tribunal has provided guidance on how the  Special Educational Needs and Disability Tribunal  should approach expert evidence when there is conflicting advice. The guidance for how expert evidence should be considered by the Special...

Department for Education clarifies the new timetable for moving from Statement to EHCP

We previously wrote about the Department for Education (DfE) changing the timeframe for local authorities to transition children from  Statement of Special Educational Needs  to  Education Health and Care Plan . Our previous article...

Department for Education's first report on SEND reforms

The Department for Education (DfE) has released two substantive reports assessing the impact of the special educational needs and disability reforms. The special educational needs and disability reforms took effect in September 2014. Before this, in...

Where did all the children with SEN go?

This week the Department for Education (DfE) has released two batches of interesting data about special educational needs. These two sets of data reveal very significant changes in education, schools and, most dramatically, in special educational needs. ...

Part 3: Appealing against the Special Educational Needs and Disability Tribunal

In this final article in our series about the  Special Educational Needs and Disability Tribunal  we explain what can be done if you are unhappy about a decision taken by the Special Educational Needs and Disability Tribunal  (SEND or...

Part 2: Appealing to the Special Educational Needs and Disability Tribunal (SEND)

In this second article in our series about the  Special Educational Needs and Disability Tribunal  (also known as the  SEND or SENDIST ) we look at what happens once you have sent your appeal form to the Tribunal. Once you have  sent...

Part 1: The Special Educational Needs and Disability Tribunal - Who are they?

In this first of three articles about the  Special Educational Needs and Disability Tribunal , we look at what the Tribunal is, what it can deal with and relevant time limits. The Special Educational Needs and Disability Tribunal ( SEND or SENDIST )...

Failure of EHCP transitions?

The Department for Education (DfE) has released an open letter sent to all local authorities. This letter suggests that transition from Statement to Education, Health and Care Plan is causing serious concern within central government. Edward Timpson MP,...

What is an Education, Health and Care Plan and how does my child get one?

The  Children and Families Act 2014  came into force in September 2014. It completely changed how children with special educational needs (SEN) are now supported. Education, Health and Care Plans  (EHCP) are available for children with the...

Changing schools - the options for children with special educational needs

Laxmi Patel, head of Boyes Turner’s special educational needs (SEN) team, has recently written an article for SEN Magazine about the different school options for children with SEN. “ The pace and scope of change have, understandably, left...

SEND reforms - Aspiration vs reality

The  Children and Families Act 2014  came into force in September 2014. That law introduced a new system for supporting children and young people with special educational needs and disabilities (SEND). It was also intended to introduce a more...

SEN questions and answers from Kidz South

On Thursday 4 June SEN Solicitors attended Kidz South Exhibition. During the day we met with a number of NHS experts, independent experts, case managers and parents. We discussed experiences of special educational needs reforms, common issues and...

A parent's guide to the Special Educational Needs reforms

Head of SEN Solicitor team at Boyes Turner  Laxmi Patel  has written a parent’s guide to the Special Educational Needs reforms which appears in this month’s Families West magazine which you can read  here . The article focuses...

Support for children with special educational needs in the South East

The BBC has recently reported that families face a  postcode lottery  when it comes to securing help for children with special educational needs. The BBC’s report focused on the varying responses from local authorities when parents sought...

West Berkshire slashes support for kids it recognises as disadvantaged

The Inclusion Manager at Reading Borough Council, Chris Stevens, has set out that too many children with  special educational needs (SEN)  in Reading are facing exclusion or are missing education. This follows the announcement that West Berkshire...

How are children with special needs being supported?

Laxmi Patel, head of Boyes Turner’s Special Educational Needs team,  has recently written an article for Afasic news. Her article discussed the changes made to the way children with special educational needs (SEN) are supported. The article...

Conductive Education - what's it all about?

I was fortunate to be shown around a very special school last week, Ingfield Manor School, and its school for parents, The Dame Vera Lynn Trust School for Parents, in Billingshurst, West Sussex. Ingfield Manor is a non-maintained special school run by the...

My Plan vs Education, Health and Care Plan (EHCP)

We wrote recently about  Devon County Council making use of a “ My Plan”  as a form of support for children with special educational needs (SEN).  In summary, we expressed a view that the “M y Plan”  could be a...

When will the Education, Health and Care Plan (EHCP) come to an end?

The  Education, Health and Care Plan (EHCP)  can only come to an end when either  or  both of the following apply: It is no longer necessary. The local authority is no longer responsible for your child or young person (CYP). ...

What you should know before starting SEN mediation

Parents are increasingly concerned about the new system of mediation that has been introduced by the Children and Families Act 2014. The  Children and Families Act 2014  requires that before a parent, or young person, appeals to the ...

An Education, Health and Care Plan in all but name

We have been presented with yet another example of local authorities operating unlawful policies in respect of children with special educational needs (SEN) . This morning we posted on Twitter about Global Developmental Delay (GDD) in support of GDD...

Calling an early review of an Education, Health and Care Plan (EHCP)

The purpose of the annual review process is to consider the special educational needs (SEN) support that has been in place for the last 12 months and to determine whether any adjustments to an Education, Health and Care Plan (EHCP) are necessary. ...

Can schools refuse to be named on an Education, Health and Care Plan (EHCP)?

Over the past few weeks, a number of parents have asked whether a school can refuse to be named on an  Education, Health and Care Plan (EHCP) . EHCPs were introduced in the  Children and Families Act 2014 , which substantially changed the law...

Make an SEN appeal against the school named in an Education, Health and Care Plan (EHCP)

We have been contacted by a number of parents who are unhappy with the school named in their child’s Education, Health and Care Plan (EHCP). As the ‘old’ regime of Statement of Special Educational Needs (SSEN) is replaced with EHCPs this...

Teachers warn of funding cuts for special needs

Several teachers’ unions had their annual conferences last week. You may have seen the  headlines  about teachers backing strike action against funding cuts in education.  This comes at a time when local authorities are bedding in...

What do the SEND reforms mean for children with autism?

As it is World Autism Awareness Day, part of  World Autism Awareness Week (WAAW) , it is a good opportunity to consider whether  children with autism  will benefit from the special educational needs and disability (SEND) reforms that...

Problems with residential and hospital schools

Today the decision of  Re: D (A Child ; deprivation of liberty)  has been published.  This case is relevant for all children under 16 in residential school placements. Background f The child (D) in this case has complex  special...

Autism and SEND Tribunal appeals

In January, the Ministry of Justice (MoJ) issued a report detailing the types and outcomes of appeals handled by the  Special Educational Needs and Disability Tribunal . The report can be found  here . There has been a steady yearly increase in...

World Autism Awareness Week 2015

This week is World Autism Awareness Week (WAAW).  The National Autistic Society has suggested a host of activities for the week and ways to  get involved . This week we will be looking at autism as a special educational need, the various forms...

Transition to EHCP - does the LA have to conduct a full assessment of needs?

Yesterday, 26 March 2015, we attended Jordan’s annual Special Educational Needs Law and Practice conference. This conference is always well attended by professionals from local authorities and law firms. Obviously, the main discussion point was the...

Epilepsy Awareness Day 2015

Today, 26 March, is the International Epilepsy Awareness day. To mark the day, Epilepsy Action has organised a Purple Day to encourage awareness and understanding of epilepsy. Epilepsy is a brain condition which causes repeated seizures or...

DfE sets out plans for SEND accountability

The Department for Education (DfE) has published a report setting out how local authorities and clinical commissioning groups will be held accountable for the special educational needs and disability (SEND) reforms. The full report can be found  here ....

What personal injury lawyers need to know about the Children and Families Act 2014

Our special educational needs solicitors have recently contributed to PI Focus. The article can be found at  PI Focus article . The article explores how children may develop special educational needs as a result of personal injury (PI) and what PI...

Kidz in the Middle 2015

Kidz in the Middle took place yesterday, 19 March 2015. Our head of SEN at Boyes Turner,  Laxmi Patel , gave a talk to a packed room and we met dozens of parents and professionals keen to discuss special educational needs reforms. Our thanks go...

National failure to support cerebral palsy

Action Cerebral Palsy has published a Parliamentary Inquiry into the national delivery of support for children with cerebral palsy. Cerebral palsy is the most common childhood disability. If education, health and social support cannot be provided...

Department issues amended Transition guidance

As we know, on 1 September the Children and Families Act 2014 took effect. This began the transition from  Statement of Special Educational Needs  to  Education, Health and Care Plan (EHCP) . Statutory guidance  was issued...

Can an expert be required to attend the SEND Tribunal to give evidence?

The answer in short is, yes, an expert, or anyone else who has knowledge of the issues, can be required to attend the  Special Educational Needs and Disability (SEND) Tribunal  to give evidence. To request the attendance of an expert, either the...

SEND Tribunal to test hearings for Education, Health and Care Plans

The government has passed legislation to come in force on 1 April 2015 that will enable the First-tier  Special Education Needs and Disability (SEND) Tribunal  to test hearings where they can make recommendations in respect of social care and...

Special Educational Needs Q&A Seminar - Get your questions answered!

“A very useful seminar and well delivered” “Expert knowledge and gave good information” “Very well informed, able to respond to questions well” “Useful clarification and overview especially regarding changes as...

EHCPs throw out SEN admissions

Yesterday, 2 March 2015, children found out which secondary school they would go to in September. This year the competition for school places has been higher than ever. This year’s statistics reveal that in some regions of London 45% of pupils did...

The 20 week EHC needs assessment deadline

When carrying out an  Education, Health and Care (EHC) needs assessment  that will lead to an EHC plan the law is clear that the final plan must be issued within 20 weeks of the initial request. The law states in the  Special Educational...

Unlawful transition guidance

On  Wednesday  I wrote about an  Education, Health and Care Plan  (EHCP) I received on a case. I was concerned that the content of the EHCP was unlawful. I am awaiting a response from the relevant legal team about that and will post...

Changes in SEN Law - training to Scope's Independent Supporters

Laxmi Patel , Head of Education at Boyes Turner, ran a training session on 17 February 2015 at Scope’s head office in London on the recent changes in  Special Educational Needs (SEN)  law. The training was attended by Scope’s...

Unlawful EHCPs (already)

I have recently received a Draft  Education Health and Care Plan (EHCP)  which is as vague in Section F as we have all come to expect from the ‘old’ Part 3 of a  Statement of Special Educational Needs . Multiple references to...

The downfall of the SEN reforms

The Inclusion Trust has published a report discussing the difficulties faced by children who are ‘pushed out’ of education. This coincides with  Children’s Mental Health Week  which is this week (16-22 February 2015) . The...

Child Mental Health Week 2015

Place2be has launched the UK’s first child’s mental health week this week, 16-22 February 2015. HRH The Duchess of Cambridge is supporting the campaign which draws attention to the facts of children’s mental health: 3 children in every...

Late Intervention and special educational needs

The Early Intervention Foundation has published a  report  assessing the costs of Late Intervention for children and young people. Late and Early Intervention Late Intervention is the compliance with emergency and statutory duties to support...

Local offers, Ofsted and accountability

The most recent big development in special educational needs is  R (L & P) v Warwickshire County Council and Warwickshire Safeguarding Children Board . This was a Judicial Review of, among other things, the Local Offer prepared by Warwickshire. ...

Budget cuts and what it means for children with Special Educational Needs (SEN)

SEN has been in the news again this week. Following the publication of the  Special Educational Needs Tribunal Tables , The National Autistic Society (NAS) reported this week that many more parents of children with autism are taking legal action...

Education support for children with cancer

Today is World Cancer Day. According to Cancer Research UK, an average of 1,574 children were diagnosed with cancer each year between 2009-2011. Naturally the focus of parents will be health, but  additional education support  is also...

Speed Kills (the Children and Families Act 2014)

Part 3 of the Children and Families Act 2014 promised to be the most significant change in special educational needs law for 30 years. However, academic commentary about the benefits of the Act is divided and its implementation could prove to be its...

Why everyone is entitled to school transport

Social media and popular press is currently full of opinions about comments made by Katie Price in the Celebrity Big Brother House. Part of the issue seems to be a significant objection to the fact that Ms Price’s son, Harvey, receives free...

Are Academies making a (positive) difference?

Schools Minister, Nick Gibb, gave a speech on 22 January 2015 claiming that academies were central to the improvements in the education system. A report issued by an Education Select Committee today calls this into question. What are academies? Academies...

Local authorities forget mediation

We have today, 26 January 2015, received a decision letter from a local authority which fails to make any reference to  mediation . We will not name the local authority involved. The decision letter runs to 4 pages and gives numerous reasons for the...

Special Educational Needs and Disability Tribunal explains "Disability"

The Upper Tribunal has issued a judgement explaining the definition of “Disability”. It particularly focuses on cases where a person reacts in a violent manner as a direct result of an underlying condition (such as Autism or ADHD). The case...

Negligence lawyers and Deputies must understand the CFA

Our special educational needs solicitors have recently contributed to PI Brief Update Law Journal. The article can be found  here . This explores how children may develop special educational needs due to negligence or personal injury and the important...

The transition to EHCP - What you need to know

The Children and Families Act 2014 took effect on 1 September 2014. Since that time children have been making the move from  Statements of Special Educational Needs  (or Learning Difficulty Assessments) to  Education, Health and Care Plans...

More support needed for those accessing residential schools

The Children’s Commissioner has issued a report discussing the views and experiences of children in residential schools. The report focuses on children’s views of being placed in residential schools and considers...

How to get an independent school in your child's Statement/EHCP

A new case,  Essex County Council v TB , provides further clarification about what the Tribunal will look at when you are seeking an independent school in your child’s Statement or EHCP. The starting point is the law of  s9 Education...

Tribunal reports on 20 years of appeals

The Ministry of Justice has issued a report about the activity of the Special Educational Needs and Disability Tribunal. The report itself can be found  here  (third in the list). The report covers the period 1 September 1994 until 31 August...

EU rules obesity could be a disability

Today there is significant press interest in the ruling of the European Court which was asked to make a decision about whether obesity was a disability. The case revolved around a 25 stone Danish child minder who was sacked because he was too large to be...

Understanding one another's practice

Boyes Turner SEN Team contributed to the Solicitor’s Journal this week to explain the interplay between Negligence, Court of Protection and Education lawyers in light of the Children and Families Act 2014. See the full piece  here. ...

Why the end of LDAs should be celebrated

The High Court has issued a decision in a Judicial Review application in a case which is potentially one of the last of its kind. The case is  R (Smieja by her father & litigation friend Smieja) v Bexley LBC  [2014] EWHC 4113 (Admin). The...

Why Judicial Review matters

There has been a  lot of debate in the news and social media about Judicial Review . This is because there a number of changes have been proposed to how Judicial Review will work. A lot of the commentary has all been rather ‘heavy’ on the...

Parliament's attack on Judicial Review continues

Judicial Review  is the process by which a member of the public can challenge a decision made by a public body which directly affects them. It is one of the central pillars of the English justice system. By way of example, I have used  Judicial...

Prospects are better with a Statement

The Department for Education (DfE) has  released data  exploring the “destinations” of pupils. This assesses how disabilities, special educational needs (SEN) and other characteristics impact upon pupils’ further education. The...

Timpson tells local authorities to slow down and focus on quality

Edward Timpson MP, Parliamentary Under Secretary of State for Children and Families, has  written an open letter  addressed to all local authority chiefs about the current transition from  Statement of SEN  to  Education, Health and...

Ofsted's exclusion warning

Ofsted  has issued a  general policy document  about the use of exclusions. Why is this relevant? Ofsted is making it very clear that peaks in exclusions, continually high levels of exclusions, or higher levels of exclusions for children...

LGO issues new SEN guidance

The Local Government Ombudsman (LGO) has issued new guidance about what it can, and cannot investigate. This follows the Children and Families Act 2014 special educational needs (SEN) amendments taking effect from 1 September 2014. ...

Personal Budgets in disarray

The Department for Education (DfE) have commissioned a review and report on how the ‘new’ law of  Education, Health and Care Plans (EHCPs)  is being advanced by local authorities. A series of reports have been published, the most...

Compensation ruled out for 'wrong school' claims

On 29 October 2014 the Court of Appeal gave a decision in what started life as a Judicial Review application. The case is R(ER) v Local Government Ombudsman and Hillingdon LB. The very clearly written judgement can be found  here . Who is this...

Lords (potentially) save Judicial Review

On 21 October I wrote about the proposed changes to  Judicial Review  that the Government were advancing within the Criminal Justice and Courts Bill. Our previous article on the impact, especially for people with SEN, can be found  here . ...

SEN solicitors offer specialist training on tribunals and reviews of EHCPs

On 22 October, Boyes Turner’s special educational needs lawyers hosted a seminar for experts and case managers. A summary of the key questions that arose from that seminar was posted by us  here . Following that seminar a number of experts and...

New education funding for low income families

The Department for Education (DfE) announced yesterday that schools, nurseries and child-minders will be given up to £300 for every 3- and 4- year old pupil from a low income family. This new funding is to be called “Early Years Pupil...

SEN Solicitors host specialist seminar

“Very knowledgeable and clear answers” “Very aware of change and this has been a good start to updating knowledge. Fabulous and a real treat” “Really relevant and informative” Boyes Turner SEN team hosted a...

Impact assessment of Criminal Justice and Courts Bill 2014

Currently working its way through Parliament is the Criminal Justice and Courts Bill 2014. As with recent ‘new’ law, this new Bill seems to bundle together what would seem to be separate issues. The Bill, if it becomes an Act, will bundle...

Bullying of SEN children - will the new law help?

Research has shown that  children with disabilities are more likely to be subject to bullying  with substantially higher levels of constant and occasional bullying than peers without any form of disability or special educational needs. The...

SEN and selection of schools

The University of Northampton has recently issued a research report exploring the difficulties that parents face when seeking to secure a particular school for their child with a  Statement of Special Educational Needs . Who is covered? This report...

SEN and attendance at school - is enough being done?

Yesterday, 15 October, the Department for Education (DfE), along with the Office for National Statistics, published its  autumn report  concerning the rates of attendance at School for 2013-2014. The report makes for interesting and somewhat...

Transition to Education, Health & Care Plans

The Children & Families Act 2014 has now been in force since 1 September 2014. Since that time, many local authorities, schools and practitioners will have been trying to keep up with the guidance and regulations that have been issued to support the new...

Special Educational Needs law has changed!

We are holding a seminar on 22 October 2014 to help practitioners through the myriad of changes. The seminar is designed for case managers, independent therapists and other professionals who work closely with children with special educational needs (SEN)...

Children with special educational and complex needs - Guidance for Health and Wellbeing Boards

The Children and Families Act (CFA) 2014 introduces a new statutory requirement for local services to work together when providing care and support for children and young people with special educational needs (SEN) and disabilities. From September 2014...

Special Educational Needs Update - Autumn 2014

Much has happened in the world of  special educational needs (SEN)  over the last few months. Many of us had doubts that the  legal changes  that were to take place from 1 st September 2014 would not happen and some groups were...

Teachers' concerns about the new special educational needs (SEN) reforms

Teaching unions express concerns about  SEN changes coming too fast  without enough support from government. Christine Blower, General Secretary of the National Union of Teachers, the largest teachers’ union, questions whether the changes...

Local authorities need more time to fully implement the special educational needs and disability (SEND) reforms

Christine Lenehan, Director of the Council for Disabled Children, has called for local authorities to be given more time to fully implement the new SEND changes: ‘It may be some weeks before all areas are properly delivering key elements of the...

Concerns over shortage of educational psychologists in the UK

Originally from the Times Education Supplement, 29 August 2014. Concerns have been expressed by The Association of Educational Psychologists (AEP) about the shortage of educational psychologists in schools, colleges and nurseries. The union that...

DfE issues guidance on the SEN changes for parents and carers

Ahead of the changes around special educational needs from 1 September 2014, the Department of Education has issued this  guide  on the support system for children and young people with special educational needs and disabilities. The guide...

Increase in number of special school pupils reverses trend towards inclusion

This article first appeared in the Times Education Supplement – 10 August 2014 An increase in the number of students in special schools has provided evidence of a reversal of a 30-year trend towards inclusion. The figures have sparked fears that...

Home to school transport guidance

There is new statutory guidance for local authorities in the  Home To School Travel and Transport Guidance , July 2014. The main points are: No change to school transport legislation. The associated duties continue to rest with local...

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