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How much should family members be paid for the care they provide?

In Court of Protection cases and Personal Injury Trust cases payment can be made to family members for the care they provide to the person who suffered injury and this care is paid from the...
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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...
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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 “My Plan” could be a...
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What you should know before starting SEN mediation

Parents are increasingly concerned about the new system of mediation that has been introduced by the Children and Families Act 2014. The Children and Families Act 2014 requires that before a parent, or young person, appeals to...
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Calling an early review of an Education, Health and Care Plan (EHCP)

The purpose of the annual review process is to consider the special educational needs (SEN) support that has been in place for the last 12 months and to determine whether any adjustments to an Education, Health...
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Make an SEN appeal against the school named in an Education, Health and Care Plan (EHCP)

We have been contacted by a number of parents who are unhappy with the school named in their child’s Education, Health and Care Plan (EHCP). As the ‘old’ regime of Statement of Special Educational Needs...
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A question of fluctuating mental capacity…

Last year, the Court of Appeal handed down a judgement regarding an appeal in a case that concerned a claimant with a fluctuating capacity to conduct legal proceedings. Loss of capacity The question considered by...
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Can an expert be required to attend the SEND Tribunal to give evidence?

The answer in short is, yes, an expert, or anyone else who has knowledge of the issues, can be required to attend the Special Educational Needs and Disability (SEND) Tribunal to give evidence. To request the attendance...
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The 20 week EHC needs assessment deadline

When carrying out an Education, Health and Care (EHC) needs assessment that will lead to an EHC plan the law is clear that the final plan must be issued within 20 weeks of the initial request. The...
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Unlawful EHCPs (already)

I have recently received a Draft Education Health and Care Plan (EHCP) which is as vague in Section F as we have all come to expect from the ‘old’ Part 3 of a Statement of Special Educational Needs....
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child with cancer
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Education support for children with cancer

According to Cancer Research UK, an average of 1,574 children were diagnosed with cancer each year between 2009-2011. Naturally the focus of parents will be health, but additional education support is also available. Cancer and special educational...
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How to get an independent school in your child’s EHCP

A new case, Essex County Council v TB, provides further clarification about what the Tribunal will look at when you are seeking an independent school in your child’s Statement or EHCP. The starting point is the law...
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Compensation ruled out for ‘wrong school’ claims

On 29 October 2014 the Court of Appeal gave a decision in what started life as a Judicial Review application. The case is R(ER) v Local Government Ombudsman and Hillingdon LB. The very clearly written...
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Bullying of SEN children – will the new law help?

Research has shown that children with disabilities are more likely to be subject to bullying with substantially higher levels of constant and occasional bullying than peers without any form of disability or special educational needs. The research...
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Access to your child’s school records – maintained schools and academies

If you are the parent of a child at an academy and you want to access your child’s educational records you should first check whether the information required is already in the public domain. Unless...
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Boyes Turner secure settlement for highly complex birth injury case

Specialist cerebral palsy solicitors, Susan Brown and Vanessa Wand, of Boyes Turner secured a full admission of liability for Nicholas* in a highly complex birth injury case. The injury left Nicholas with bilateral cerebral palsy affecting all four...
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