SEND Guidance

     

 

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...

Pupils with SEND - Out of school; what are their options?

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...

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...

Special Educational Needs and Disability (SEND) Tribunal Extension Appeals

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); ...

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...

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...

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...

SEND in Wales - all change!

SEND law is changing is Wales. The changes were proposed back in April 2016. You can read our views at that time here . The Additional Learning Needs and Education Tribunal (Wales) Bill was eventually passed by the National Assembly for Wales on 12...

Expanding the powers of the SEND First-tier Tribunal

On 26 October 2017 the Minister of State for Children and Families, Robert Goodwill, announced the expansion of powers of the SEND First-tier Tribunal (FTT). The changes will enable judges to make non-binding recommendations on the health and social care...

House of Commons Briefing on the Special Educational Needs and Disability (SEND) Reforms

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...

Great Scott! Another SEND review report...

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...

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...

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...

SEN expert evidence - Guidance from the Upper Tribunal

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...

Transition to EHCP - does the LA have to conduct a full assessment of needs?

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...

Unlawful transition guidance

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...

Home to school transport guidance

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...

The Government's response to the public consultation on the Special Educational Needs and Disability Code of Practice 0-25 years June 2014

The Government has published its response to the  Department of Education’s public consultation   on the new draft 0-25 Special Educational Needs and Disability Code of Practice and draft regulations last autumn.  The consultation...

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

Contact our expert specialist education solicitors today for support with your claim

Contact us