Secretary of State announces no further changes around EHCPs due to Covid-19

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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, Local Authorities and health commissioning bodies were required to use ‘reasonable endeavours’ to discharge their duty under s42 of the Children and Families Act (CFA) 2014. 

The Secretary of State has now announced that further notices will not be issued after 31 July 2020 unless there is a change that requires it. However, there may still be notices issued contained for areas where there local outbreaks. 

Provision set out in an EHCP should therefore be delivered from 31 July 2020. In a time of uncertainty around schools opening fully in September, it remains to be seen whether all provision can and will be delivered, even allowing for some flexibility. 

Note that the Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 which temporarily amends timescales in relation to EHC needs assessments and EHCPs  remains in force until 25 September 2020. For more information on what this means, see here

The Boyes Turner Education Team is working remotely during this time and fully able to continue to deal with new enquiries. We can help at whatever stage you are with your EHCP and can be contacted on 0118 952 7219 or via senexpertsolicitors@boyesturner.com

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