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...
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I am so happy at the outcome, I don't think we would have had such a comprehensive service from any other law firm, and you took the worry away...I do not regret a single second of the whole process, apart from the bit before you got involved. 

James' mother, Boyes Turner client

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