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); The special educational needs, provision and placement in the EHCP; Their […]

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 request an EHC needs assessment. We receive a number of enquiries […]

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 refers to the movement from one stage or phase of education to another.  For example: Nursery […]

My child will soon be turning 18: Do they need a deputy?

Mental capacity and decision making When your child reaches 18 they will become a legal adult. Amongst other matters, this means that they will be deemed able to make their own decisions about all aspects of their life, unless it is established that they lack the mental capacity to do so. A parent does not […]

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 start when the child/young person reaches 16 or 17 or, in some cases, even […]

My LA has just declared bankruptcy – what does that mean for my child’s SEN support or EHCP?

Slough Borough Council has declared bankruptcy, joining Northamptonshire County Council and Croydon Council in issuing notice that it can now provide only essential council services. In February 2021 the Financial Times reported twelve authorities were in talks with the Ministry of Housing, Communities and Local Government around potential bankruptcy, but this could be ‘the tip […]

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 the Application Of) v Nottinghamshire County Council [2021] EWHC 1348 (Admin). […]

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 school This is the amount of funding allocated to each pupil […]

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 what has been decided is necessary in the […]

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 at which your child moves from: Early years education to […]