Education, Health and Care Plans

       

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

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

Learning Disability Week 2023

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

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

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

Back to School Special: Day 4 - SEN Mediation

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

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

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

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

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

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

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

Annual Reviews and the Expired Loop!

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

School exclusions and pupils with SEN

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

Autism and Educational, Health and Care Plans (EHCP)

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

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

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

Plugging the gap on the never ending Annual Review cycle

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

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

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

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

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

Can I request an EHC needs assessment without a diagnosis?

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

The Phase Transfer Review Process

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

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

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

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

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

Arranging EHCP provision: how long is 'reasonable'?

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

Snap Care Webinar - Back to School

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

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

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

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

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

EHCP - school transition deadline - 15 February

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

Mental Health and SEND

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

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

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

Children's mental health crisis - is it new?

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

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

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

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

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

A look back on schools named in EHCPs

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

The Surrey Exclusion Zone and SEN

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

Funding bands and Education, Health and Care Plans

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

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...

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...

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?

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...

Inclusive teaching and learning in higher education

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

School exclusions and Special Educational Needs

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

Dyslexia Awareness Week 2016 - Living with dyslexia

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

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

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

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

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

Dyslexia Awareness Week 2016 - How do you identify dyslexia?

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

Dyslexia Awareness Week 2016

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

No hours, just banding, in an EHCP

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

Are we now seeing the reality of the SEND reforms?

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

Clarity from the Upper Tribunal about young people and EHCPs

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

Learning difficulty assessments (LDAs) - Your questions answered

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

Special educational needs statistics are released by Department of Education

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

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

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

How much you've paid for the SEND reforms

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

Education and Adoption Bill to become law

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

Worrying statistics regarding SEND reforms & EHCP transition deadlines

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

What goes into a Statement of Special Educational Needs?

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

Personal budgets, direct payments and SEN (2)

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

Personal budgets, direct payments and SEN (1)

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

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

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

EHC plans and the postcode lottery

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

Why a Statement (or EHCP) is crucial

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

...even more unlawful SEN policies

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

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

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

DfE issues new transition advice

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

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

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

Failure of EHCP transitions?

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

SEN questions and answers from Kidz South

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

How are children with special needs being supported?

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

Conductive Education - what's it all about?

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

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

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

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

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

An Education, Health and Care Plan in all but name

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

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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