Special Education Needs News

      

 

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...

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...

The Special Educational Needs (SEND) review green paper: right support, right place, right time

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...

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...

SNAP Webinar - Transition Review of EHCPs

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...

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...

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...

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...

Annual Reviews and the Loop

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...

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...

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...

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?

SEN law update from leading legal professionals - 28 September 2017

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...

Amendments to EHCP not restricted to Sections B, F and I

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....

Education for children following an acquired brain injury

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...

DfE statistics on the Special Educational Needs and Disability reforms - could do better?

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...

Labour's manifesto for disabled people: Replacing the EHCP

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...

Education, Health and Care Plans for young people aged 19-25

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...

New SEN partner part of swathe of promotions at Boyes Turner

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...

Down Syndrome: Planning education through to adulthood

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...

Further education for children and young adults with Down Syndrome

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...

Early years and Primary education - Down Syndrome Awareness week 2017

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...

Down syndrome awareness week- Common educational characteristics

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...

Down syndrome awareness week - A brief history

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...

Parents to blame for misdiagnosis of special educational needs?

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 for education and social care

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...

Review of residential special schools and colleges

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...

The truth about SEN School Transport

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. ...

Westminster Education Forum 2016

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...

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...

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...

A night with Dingley's Promise

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 Annual SEN conference 2016

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...

Changes to the Tribunal appeals

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...

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...

Special educational needs (SEN) funding - How does it work?

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...

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...

SEN law changes in Wales - a Special Educational Needs solicitor's view

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,...

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. ...

New SEND guidance for health professionals - is it any clearer?

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 ...

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...

LA cuts taking their toll

“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...

DfE puts more money into SEND reforms

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...

Statements and EHCPs to be amended by 15 February...

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...

More local authorities included in pilot scheme for health and social care

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...

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...

When a Tribunal isn't a Tribunal - all change to SENDIST panels

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...

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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