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...
