In this article Lacie Smith , Senior Paralegal, explains the legal framework surrounding EHCP phase transfers and the critical deadlines local authorities must follow when a child moves between stages of education. What is a phase transfer in...
An Education, Health and Care Plan (EHCP) is an enforceable document that sets out a child/young person’s special educational needs (SEN) and the provision required for them to be able to access the curriculum. An EHCP is issued and maintained by the...
Lydia Dunford-Anderson, Associate Solicitor in our Education Team, has written a book on EOTAS/C entitled ‘ A Practical Guide to Education Otherwise Than at School or College (EOTAS/C) ’, published by Law Brief Publishing Ltd. She has ...
For many families raising children with special educational needs (SEN), the latest report from the Education Select Committee will feel painfully familiar. It confirms what parents have been saying for years: the system is under strain and unable to...
For many families, September means getting back to routine with fresh school supplies, new timetables, and the morning send off to school. What happens to those whose children refuse school – sometimes for some considerable period of time? The Covid...
What is the function of an Annual Review? Annual Reviews are a central pillar that supports the maintenance of Education, Health and Care (EHC) Plans. The Annual Review of an EHCP must be completed within 12 months of the Plan being issued, or from the...
We often come across situations where schools do not want to be named in an EHCP . Schools can refuse to be named in an Education, Health and Care Plan (EHCP), but only in specific circumstances set out by law. To determine whether a school can refuse...
EHCPs are meant to detail, amongst other things, the special educational provision to be delivered to a child or young person included in Section F. We often see EHCPs that also have reference to funding/bands, and sometimes instead of clear special...
In the Education Team at Boyes Turner, we see a lot of Education, Health and Care Plans (EHCPs) which require the special educational needs (Section B) and special educational provision (Section F) to be updated and improved. Whilst Section F provision is...
Children or young people with special educational needs and/or disabilities may have an EHCP maintained by their local authority. The link between EHCPs and social care, in particular, can be complex. Here is a summary of key points to be aware of: Before...
A recent Local Government Ombudsman (LGO) decision from 16 September 2024, highlighted key points about home to school transport when the pupil in question has an EHCP and is of compulsory school age, i.e., between five – sixteen years old. ...
Following the government’s decision to add VAT onto independent school fees, now is a good time to consider what will happen for pupils with EHCPs who attend independent schools. There are some key points to be aware of: Firstly, if an independent...
As we have reached half term, it is a good opportunity to consider the potential tricky area of special educational provision in school holidays. Specifically, we are looking at such provision within an Education, Health and Care Plan (EHCP). EHCPs include...
What is an EHCNA and how to request one? This is the first step in the EHC Plan (EHCP) process. It is asking the local authority to carry out a holistic assessment of a child or young person’s education, health and care needs, to determine if they may...
EOTAS is the term used for pupils who have an Education, Health and Care Plan (EHCP) and it would be inappropriate for them to attend an educational institution (i.e. a school or college - a ‘school or post-16 institution or a place at which...
EHCPs are meant to detail, amongst other things, the special educational provision to be delivered to a child or young person. This provision would be under Section F. We often see EHCPs that also have reference to funding/bands, and sometimes instead of...
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...
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 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...
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...
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. ...
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...
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...
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...
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...
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...
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...
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...
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...
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’...
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...
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 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...
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...
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...
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); ...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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)...
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...
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...
