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...
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...
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...
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...
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...
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 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...
