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...
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 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 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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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.
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...
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...
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...
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,...
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,...
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...
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...
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...
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...
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 ...
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 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...
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...
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...
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...
Rachael Allison, part of our specialist Education team has had an article published in Kidz to Adultz magazine, May 2019 issue. To see the full article click here . ...
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...
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...
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...
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 (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...
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...
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...
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...
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...
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...
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...
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...
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 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...
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...
‘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...
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 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...
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...
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...
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?
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...
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...
“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...
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)...
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...
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...
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....
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 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...
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...
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. ...
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...
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...
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...
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...
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...
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 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...
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...
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...
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 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...
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...
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...
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...
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;...
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...
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...
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...
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...
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...
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...
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,...
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. ...
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,...
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 ...
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...
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...
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...
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...
“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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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 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...
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...
“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)...
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...
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...
“Very clear and all very well presented. Thank you” “Excellent presentation – pace, style and content” “Always a very informative presentation; useful now we’re a year on” “Practical,...
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...
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...
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...
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...
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 (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...
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...
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...
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...
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...
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. ...
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...
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...
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 )...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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). ...
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 ...
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...
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. ...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 ....
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 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...
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...
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...
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...
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...
“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...
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...
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...
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...
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...
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 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...
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...
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...
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. ...
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...
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...
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...
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...
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...
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...
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...
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 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...
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...
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...
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...
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...
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. ...
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...
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...
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...
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...
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 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...
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. ...
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...
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...
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 . ...
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...
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...
“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...
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...
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...
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...
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...
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...
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)...
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...
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...
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...
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...
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...
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...
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...
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...