Annual reviews and amending EHC plans Expand R (L, M, and P), v Devon County Council [2022] EWHC 493 (Admin): This case clarified that when a local authority ("LA") concludes an annual review by proposing to amend an EHC plan, it must notify the parent/young person of this decision AND what the proposed amendments actually are within four weeks of the annual review meeting. The final EHC plan must be issued as soon as practicable and within a further 8 weeks maximum. Therefore, the LA must send the parent or young person the final amended EHC plan within a maximum of 12 weeks of the annual review meeting.
Our daughter has been on SEN support for a while but we are concerned that she is only making very small amounts of progress. The school and the LA say she will not qualify for a EHC needs assessment unless we demonstrate the school has spent £6,000 worth of SEN provision on her. We have tried to challenge this but the school says this is the LA’s policy and it must be followed. Is this right? Expand You can request an EHC needs assessment yourself and should do so. We have a template letter to help you do this which can be found here. As set out on our page about asking for an EHC needs assessment, under the law the local authority (“LA”) must carry out a EHC needs assessment if a child has or may have SEN and it may be necessary for the LA to make special educational provision for the child by making an education, health and care (“EHC”) plan. Once you send in the request the LA must respond to it within 6 weeks. Despite the low threshold of the legal test for assessment, many LAs operate policies which set the threshold higher than the law. Common examples include policies which require a report from an educational psychologist or other professional, or requiring the parent or school to demonstrate that a particular sum of money (often £6,000) has already been spent on the child’s SEN provision. These are unlawful requirements. Schools do not often know the law surrounding this area so often believe the LA’s policy ‘trumps’ when it does not. If the LA refuses to assess they must detail your right to appeal to the First-tier Tribunal (Special Educational Needs and Disability) (“the SEND Tribunal”) in the refusal letter. Refusal to assess appeals are decided on the paperwork so you do not have to go to a hearing. The SEND Tribunal must decide the case based on the law and not what the LA’s policy says. The deadline for appealing is two months from the date of the decision or one month from the date of the mediation certificate, whichever date falls the latest. You can find out more about appealing to the SEND Tribunal here. Refusal to assess appeals are one of the most common appeals made to the SEND Tribunal and they have a high success rate in favour of parents and young people.
My LA is saying that my child doesn’t need an EHC needs assessment, because the school should be relying on existing SEN funding streams, but this is not happening in practice. Is this lawful? Expand The only legal test that the local authority (“LA”) should be applying when considering whether to carry out an education, health and care (“EHC”) needs assessment is set out at s. 36(8) CAFA 2014. Overemphasis on SEN funding policies may cause LAs to unlawfully refuse EHC needs assessments. If SEN Support appears inadequate for a child/young person, then an EHC needs assessment is likely necessary. The question is not whether the school could in theory use their SEN funding to meet the child/young person’s special educational needs, but whether that is happening in practice.
Are the rules and processes of an EHC needs assessment different if the child is below compulsory school age (under 5's / preschool / nursery children)? Expand The process of an EHC needs assessment is exactly the same whatever the age of the child or young person. Parents/carers can request an EHC needs assessment for a child who is below compulsory school age and the only test the local authority (“LA”) must apply is the one contained in s.36(8) CAFA 2014. Sometimes parents come to our helplines because they think that a child needs to have been in school or nursery for a certain amount of time before an EHC needs assessment can be requested: this is not true. The legal definition of what constitutes a special educational need is slightly different for children aged under compulsory school age. The LA is required to look forward to whether the child is likely to have a learning difficulty or disability when they are of compulsory school age or would be likely to without special educational provision – this can be found here. The definition of special educational provision is also slightly different for those aged under 2 – it means educational provision of any kind (so it’s not compared to what might be available in settings for under 2s). Remember, health care and social care provision which “educates or trains” is capable of being special educational provision. This can include things like speech and language therapy.
Can a child who is below compulsory school age have an EHC needs assessment? Expand Yes: the purpose of the Children and Families Act 2014 (“CAFA 2014”) was to extend the benefit of statutory support to those children and young people with special educational needs (“SEN”) from aged from 0-25, so this includes under 5's / preschool / nursery children. For a definition of compulsory school age, please see here.
We want to make a request for an EHC needs assessment for our child. They go to a school in a different LA. To which LA should we make the request – our home LA or the LA of the school? Expand Requests for EHC needs assessments should be made to the LA you live in, even if your child goes to school in a different LA. If your home LA decides it will issue your child with an EHC plan, the home LA (not the school LA) will be responsible for securing provision in it.
Is Covid-19 still affecting the EHC needs assessment process? Expand During the Coronavirus pandemic, there were relaxations to the deadlines which apply to local authorities (“LA”) throughout the EHC needs assessment process. However, these only applied from 1 May 2020 to 24 September 2020. LA’s can no longer use Covid-19 as a reason for breaching these statutory deadlines.
The LA has agreed to an EHC needs assessment but when we asked for it to approach Child and Adolescent Mental Health Services for advice it said no because there is a really long waiting list. Our son is suffering with anxiety and we don’t know what else we can do. What rights do we have? Expand When a local authority (“LA”) agree to conduct an education, health and care (“EHC”) needs assessment, they are agreeing to seek advice and information from a specified list of professionals including anyone the parent or young person ‘reasonably requests’ (this is set out in Regulation 6(1) of the Special Educational Needs and Disability Regulations 2014 – see the section on what happens in an EHC needs assessment for more information). If you have made a request for the LA to seek advice and information from Child and Adolescent Mental Health Services (“CAMHS”) or anyone else, then the LA is under a legal duty to approach the professional for advice so long as the request is reasonable. When a health service is approached for advice and information it must provide it within 6 weeks of being contacted by the LA. The information and advice must be in relation to the child’s needs, outcomes and provision. The EHC needs assessment process is the legal procedure for identifying all the SEN and special educational provision required. If needs are not fully identified at this stage and the assessment results in the LA issuing an EHC plan, the EHC plan is unlikely to be sufficiently drafted due to the inadequate assessment process. If a child has mental health needs, it would be very difficult for the LA to argue the request to seek advice from CAMHS is unreasonable just because there happens to be a waiting list as this is irrelevant to the request. You should write a formal letter to the LA using IPSEA’s template letter. If the LA continue to say no to seeking advice from CAMHS or another professional you have asked them to obtain advice from you should consider making a formal complaint to the LA using their complaints process. You can find out more about making a complaint against an LA here. IPSEA’s case work suggests it is common practice for some of the professionals specified on the Regulation 6 list to respond to a request for advice with a “not known to this service” letter, or, a statement to say there is a long waiting list so they are unable to provide the advice. Such a response is likely to be unlawful and does not meet the legal requirement of the LA to seek and obtain the advice in relation to needs, outcomes and provision. The template letter referred to above can also be used to complain if you receive an inadequate response.
We have just received our daughter’s draft EHC plan and we are not happy with the way her needs have been described in Section B. All it says is that she is a friendly and playful little girl (which we already knew) with ‘a general delay with her learning’. In fact she has a specific problem with reading and writing. In other areas her development is fine. What can we do? Expand It is important to get Section B of your child’s education, health and care (“EHC”) plan right. This is because the LA must specify, under Section F, provision to meet each and every one of the needs identified in Section B. If Section B fails to mention one of your child‘s needs, they may not get the provision required to meet that need. If you are not happy with your draft EHC plan, it is vital to check whether you need to request to change Section F as well as Section B. After receiving the draft EHC plan, you will have at least 15 days to write to the local authority (“LA”) and make written representations to them about the contents of the EHC plan and/or ask for a meeting. There is more information in the section on what to do when you receive the draft EHC plan. You should first read through all of the professional advice which you will have received along with the draft EHC plan. They may contain more specific descriptions of your daughter’s learning difficulties than the one contained in Section B of the EHC plan. It is acceptable for Section B to include some other detail about the child, rather than just her needs and difficulties, but those needs must still be set out clearly. If you agree with the descriptions of your daughter’s needs in the advice, then in your written representations and/or at your meeting with the LA ask that the draft EHC plan is amended in order to include the specific descriptions of her needs as they appear in the professional advice. Remind the officer that in law Section B of the EHC Plan must refer to the needs identified during your daughter’s assessment. There have been a large number of cases which have confirmed this. See the section on what an EHC plan should contain for more information. You can also use IPSEA’s EHC plan checklist to check whether your draft EHC plan complies with the legal requirements for how it should be set out. If you disagree with the way your daughter’s needs are described in the professional advice, you should consider flagging this up with the advice giver directly. The section on complaining when an EHC needs assessment is not carried out properly contains more information on how to do this. When you ask the LA to amend the EHC plan, give the LA officer a copy of what it is you want the EHC plan to say in Section B (and Section F, if necessary). Prepare this before the meeting. Leave a copy with the LA officer and keep one for yourself. If the LA finalises the EHC plan as it was originally drafted, without amending it as you requested, you can appeal to the First-tier Tribunal (Special Educational Needs and Disability). The deadline for appealing is two months from the date of the final plan or one month from the date of the mediation certificate, whichever date falls the latest.
We had always wanted our son to go to the local primary school along with his sisters. Our son has attention deficit disorder and he is a very slow learner. He has been assessed by the LA and we have just received the draft EHC plan with the professional advice. We are very concerned about the advice from the educational psychologist. When we spoke to him, he told us that he thought that our son was going to need more specialist teaching support than theLA would probably be prepared to give him in a mainstream school. We’ve combed through his report and he says nothing at all about the amount of help he thinks our son needs. Does this mean he’s changed his mind, or has he been ‘leaned on’? Expand Now that you have the draft education, health and care (“EHC”) plan you have the right to ask for a meeting and/or make written representations about the contents of the EHC plan. The local authority (“LA”) must give you at least 15 days to make any representations and/or request a meeting. For more information, see the section on what to do when you receive the draft EHC plan. We would recommend you arrange a meeting with the LA and raise the following points: The law says that written advice must include a professional’s opinion on ‘the provision which may be required.’ The educational psychologist’s (“EP’s”) advice says nothing about the amount of help your son needs, but you know he has an opinion on this because he discussed it with you. The EP now needs to say, and put on record, the amount of support – teaching and non-teaching – that he believes your son re (If the EP does this, ask that it be written down and attached to the advice as an addendum.) This means the EP’s full opinion will form part of his written advice and that, therefore, the LA will have to take account of it when they make their decision about the amount of provision to be specified in Section F of the EHC plan. It should also help you, as parents, to argue for an appropriate amount of help for your son in the mainstream school of your preference. And, if the LA ignores the EP’s views and your own views, you will be in a stronger position to challenge the LA through an appeal to the First-tier Tribunal (Special Educational Needs and Disability) (“the SEND Tribunal”). It may be that the meeting gets you no further forward. The LA officer may say they have a policy preventing professionals from recommending particular provision, or the EP may say he is not allowed to include his opinion on types of school in his professional advice. This is not in line with the law or the statutory guidance; see the section on what to do when you receive the draft EHC plan for more information. If this happens, you should inform them that you will be raising these issues as part of your appeal to the SEND Tribunal should it be necessary when the EHC plan is finalised. The deadline for appealing is two months from the date of the final plan or one month from the date of the mediation certificate, whichever date falls the latest. You should also leave the LA officer with written points stating exactly how much help and support you want the EHC plan to specify for your son in Section F. The law gives parents the right to express a preference for the type of school and the individual named school which they ‘prefer’ for their child (as set out in the section on choosing a school). When a child has special educational needs, parents inevitably decide their preference on the basis of which school can give their child the right kind of help to meet their needs. When LA officers and professionals refuse to tell parents how much help their child needs (following an EHC needs assessment which is intended to find this out), they prevent parents acting in their child’s best interests. LAs are under a duty to specify the special educational provision a child or young person requires and this must not be ignored.
Section F of the draft EHC plan does not detail any of the special educational provision our son needs. There is only a paragraph to say the school will decide how much provision he needs and when. Is this lawful? Expand You are right in thinking that the special educational provision must be specified in Section F of the education, health and care (“EHC”) plan. There must be provision to match each and every one of his special educational needs (“SEN”) which should all be identified in Section B. When a local authority (“LA”) makes an EHC plan for a child or young person, it is in recognition that the school cannot make the special educational provision required and it is up to the LA, not the school, to specify and then secure the special educational provision. See the section on what an EHC plan should contain for more information. You can also use IPSEA’s EHC plan checklist to check whether your draft EHC plan complies with the legal requirements for how it should be set out. You will have at least 15 days in which to write to the LA and make written representations to them about the contents of the EHC Plan and/or ask for a meeting. It is important to do this. Before making your views known you should read through all of the professional advice which you will have received along with the draft EHC plan. There could be specific recommendations about the type and frequency of special educational provision your son requires which must be specified in Section F. In your written representations and/or at your meeting with the LA, ask that the draft EHC plan is amended in order to specify all of the special educational provision your son requires. Remind the LA officer that in law Section F of the EHC Plan must specify all of the special educational provision, regardless of who is delivering it. If you are unable to persuade the LA at the draft EHC plan stage to properly specify all of the provision that is needed then you will need to appeal to the First-tier Tribunal (Special Educational Needs and Disability) when the EHC plan is finalised. The deadline for appealing is two months from the date of the final plan or one month from the date of the mediation certificate, whichever date falls the latest.
We have the draft EHC plan, and there is a therapy we would like to have included in section F. Can a particular therapy be included in an EHC plan if it is not available from the local health service? Expand Yes it can. If a child’s SEN are identified in Section B of the EHC plan, provision to meet these needs has to be made in Section F. The only relevant issue is meeting the child’s needs (not whether resources are locally available). Paragraph 9.69 of the SEN and Disability Code of Practice states, “Provision must be specified [in Section F] for each and every need specified in Section B”. Note also that section 21(5) of the Children and Families Act 2014 says: “Health care or social care provision which educates or trains a child or young person is to be treated as special educational provision (instead of health care provision or social care provision)”. This means it is the local authority (rather than the health service) who has the legal obligation to provide such a therapy.
The LA agreed to do an EHC needs assessment but now it is complete we’ve received a letter saying the LA is going to make a ‘My Plan’ for our daughter. This looks like a EHC plan but the information accompanying it says it is ‘non-statutory’. What does this mean? Does our daughter have an EHC plan? Expand When an LA completes the EHC needs assessment they must decide whether to make and maintain an EHC plan. If the decision is not to make an EHC plan they must notify the parent or young person of their right to appeal this decision to the First-tier Tribunal (Special Educational Needs and Disability). Some LAs send this notification accompanied by a document which looks like an EHC plan and this can be very confusing. These ‘non-statutory’ documents carry no legal entitlements therefore they do not have to be followed by anyone involved with the child or young person. If they have issued you a ‘non-statutory plan’, this means the LA has made a decision not to issue an EHC plan. It will be important to consider appealing the LA’s decision not to issue an EHC plan. The ‘non-statutory’ plan setting out your daughter’s needs and provision requirements could actually be helpful to use as part of your appeal, if it helps to indicate that she has needs which require provision greater than that which can be provided out of the school’s own resources.
Mediation Expand Kumar v LB Hillingdon (Rev 1)[2020] EWHC 3362 (Admin): This case confirms that a parent or young person is entitled to choose who supports them during mediation. If they would like someone to do so, the LA cannot refuse to participate if disagrees with who the they have chosen. This includes if the parent wants to be supported by a lawyer.
How do I get a personal budget or a direct payment? Expand It is possible to get a personal budget and/or a direct payment for educational provision for a child or young person who has an EHC plan. For more information, see our page on personal budgets and direct payments.
What support should the LA give me if my child is out of school for any reason? Expand Section 19 of the Education Act 1996 places a duty on LAs to make suitable alternative education for children of compulsory school age who cannot attend school because of illness, exclusion or for any other reason. You can ask your LA to put this in place, using model letter 22 on our template letters page. If your child is permanently excluded, the LA must provide suitable, alternative full-time education from day 6 of the exclusion. For more information see our pages on exclusions and getting temporary education put in place. If your child is unable to attend school for another reason, such as the placement breaking down the section 19 duty will arise. This has been confirmed by case law. For example, if your child feels unable to attend school despite you working hard with professionals to get them back into school, and they are not reasonably able to attend, then the LA’s duty to provide suitable alternative education arises. In situations like this, it is important to show that you have made every effort to work with the school and LA, to make school attendance possible and/or easier for your child.
What support should the LA provide if I am home educating my child? Expand Under Section 7 of the Education Act 1996, you have the right to educate your child at home. This is known as elective home education. The Special Educational Needs and Disability Code of Practice says LAs should fund the SEN needs of home-educated children where it is appropriate to do so. However, there is no legal duty on LAs to fund any element of your child’s education if you choose to home educate them. You should consider this carefully before withdrawing your child from school. If your child has an EHC plan, you need to be aware of the implications withdrawing your child from school has too. Generally, your LA has a duty to secure everything that is set out in Section F of your child’s EHC plan. However, if you choose to home educate then this can change. This is because your LA can then decide that you have made suitable alternative arrangements and as a result, this important duty will no longer apply. However, elective home education is different from children being educated ‘otherwise’ than in an education setting (for example, children who receive the majority of their education at home, but that education is provided by the LA or another provider). For more information about this see our section about choosing a school or other setting.
Is it true that LAs have no responsibility towards children who are unable to attend school because of medical needs? Expand No – this is a common myth. LAs have a legal duty to make arrangements for the provision of suitable education for children who are unable to attend school because of their medical needs. This is set out in section 19 of the Education Act 1996. In addition, LAs must not refuse or reduce such provision on the basis of how much it will cost. For more information, please see our pages on illness and getting temporary education put in place.
Do the LA need to involve me in its decisions? Expand The views, wishes and feelings of children, young people and their parents, and their participation, must be central to every decision the LA makes regarding assessing a child or young person’s SEN and how to support them. If your LA does not involve you, any subsequent decision could be viewed as unlawful and could be challenged. It is not good enough to offer a ‘token’ involvement.
What steps must the nursery, school or college take to support a child or young person with SEN? Expand If a child or young person has SEN but does not have an EHC plan, they are still entitled to the support necessary to meet their needs. All mainstream nurseries, schools or colleges should provide support through SEN Support. The FAQs on this page provide more information on what this means in each setting. They must also use their best endeavours to make sure their pupils receive the support they need. If your child has/ you as a young person have an EHC plan, the nursery, school or college must do their best to deliver the special educational provision specified in Section F. If they cannot do this, the LA, who has an absolute legal duty to your child/you as a young person to secure the provision needed, must provide the nursery, school or college with the resources (finances or expertise) to do so. Whether or not your child has/you have an EHC plan, the school or college must: tell you if your child has/been identified as having SEN, or if you as a young person have been identified as having SEN identify your child’s/your needs to the best of their ability, and put the right support in place to make sure they/you progress and achieve specified outcomes. All this information should be documented in a clear record that should be available to you on request. If your child attends a nursery, they must involve you in decisions around special educational provision. If your child is at school, it should meet with you at least three times a year to discuss the record kept of the pupil’s SEN and progress. If you attend college however, then it should involve you as the student and (particularly where you are aged 16-18) your parents in decisions around the support you receive for your SEN.
My child attends an independent school and we pay the fees. Are children at independent settings entitled to support? Expand Children who do not have an EHC plan Under Part 3 of the Children and Families Act 2014, nurseries, schools and colleges have legal duties to identify and support children and young people with special educational needs. These duties are explained in the Special Educational Needs and Disability Code of Practice 2015 and on our web page on how your nursery, school or college should help. However, the Children and Families Act 2014 and the SEND Code of Practice do not apply to wholly independent schools, and so these duties do not apply to them. If your child attends an independent school and you pay the fees, the school is not legally required to identify SEN or provide support in the same way. The Equality Act 2010 does apply to all schools and education settings. Independent schools must not discriminate against disabled pupils, and must make reasonable adjustments where necessary to avoid disability discrimination. All providers of early years education that are funded by the local authority (LA), including those in the private and independent sector, must have arrangements in place to identify and support children with SEN and disabilities as required by the Early Years Foundation Stage framework. They must also have regard to the SEN and Disability Code of Practice. Children who have an EHC plan If your child has an EHC plan, it is the LA’s duty to make sure the provision set out in the EHC plan is made. However, under section 42(5) of the Children and Families Act 2014, the LA does not need to do so if you have made “suitable alternative arrangements”. If the independent school is named in Section I of your child’s EHC plan, and there is no other suitable school which your child could attend, it is likely that the LA remains responsible for your child’s special educational provision as set out in Section F of the EHC plan and should be paying the school fees. However, if the LA suggested that a different suitable school should be named in the EHC plan, and you chose to send your child to an independent school and pay for it yourself instead, then this is likely to count as making suitable alternative arrangements. In this case the LA won’t have any further duties towards your child in relation to their SEN, and you will be responsible for arranging (and paying for) any special educational provision they require. However, your LA must still review your child’s EHC plan on an annual basis even if you did decide to make suitable alternative arrangements. If you are unsure of the situation, you should book an appointment to speak with us.
Our son is on SEN Support and is falling behind at school. We believe an educational psychologist (EP) is needed to assess our son, but the school say they cannot afford this as they have used up all of their EP time for this term. What can I do? Expand Ask the school for a meeting to discuss your son’s special educational needs (SEN) and review his current support arrangements. If you can identify, with the school, that your son is not making progress and/or his needs have not been fully identified, then this supports your request for support from an outside professional. Schools are under a legal duty to use their best endeavours to ensure children with SEN have their needs met, and this includes appropriately identifying their needs. Many schools have limited access to outside specialists such as educational psychologists. However, this is not a reason in law to deny a child outside support. Paragraph 6.59 of The SEN and Disability Code of Practice (the Code) says that “A school should always involve a specialist where a pupil continues to make little or no progress or where they continue to work at levels substantially below those expected of pupils of a similar age despite evidence-based SEN support delivered by appropriately trained staff.” If assessment by a specialist indicates that ongoing support from outside services is required, it is important that the child and young person receives it as quickly as possible (paragraph 6.60 of the Code). If the school will not agree, you could consider making a complaint to the governing body of the school (or the proprietor if it is an academy) on the basis that it is not using its best endeavours or following the guidance in the Code. If you decide to complain, keep the letter as constructive as possible, as it is important to try and maintain a good working relationship with the school. You could also consider asking the local authority (LA) for an education, health and care (EHC) needs assessment. When a child has unidentified needs which prevent them from receiving the right support, schools are expected to act proactively, which includes seeking advice from outside specialists. If a school does not have the resources to do this then it is an indication that an EHC needs assessment is required so that all of the child’s SEN can be properly identified, including the arrangements for meeting the identified needs. The test in law for triggering an EHC needs assessment is relatively low. The school suggesting that they cannot arrange outside support for your son implies that he may need provision to be made for him by way of an EHC plan so an assessment is likely to be necessary. Schools can be reluctant to request an EHC needs assessment as they often believe they must follow their LA’s policy for requesting an assessment, which may be set at a threshold higher than the test contained in law. Parents do not have to wait for the school to request an EHC needs assessment, and it is often better that they make the request themselves (you can find out how to request an assessment here). In some cases, parents may feel discouraged from pressing the issue of requesting the school seek outside support, especially when the school claims to have limited resources and/or have other children in the school with greater needs. It is important to remember that you are acting for your child and although you may be sympathetic to the school’s reasons, this should not prevent you from pursuing the right support for your own child.
My child is dyslexic and needs help with reading. Can pupils with SEN get extra help with exams at school or college? Expand Yes - pupils who have learning difficulties and/or disabilities may qualify for help (called ‘access arrangements’) in public exams. The most common arrangements are extra time, or provision of a computer, or a person to read or write for the pupil (except for exams that specifically test these skills, such as English).
Can the school send my child home to ‘cool off’ or ask me to collect my child from school early to prevent exclusion? Expand No – this is likely to amount to an unlawful exclusion.
Is it the responsibility of the nursery, school or college to arrange the provision specified in an EHC plan? Expand No – this is a common myth. The legal responsibility for securing the provision specified in Section F of an EHC plan falls upon the local authority (LA). This is an absolute obligation. LAs rely on schools to make the special educational provision set out in EHC plans and will give funding to the school to enable them to do this. However, if the school is unable to deliver the provision, or even if they are unwilling to do so, then the LA has a legal duty to secure the provision. LAs cannot reduce or remove funding from an EHC plan when the provision in the plan hasn’t changed. We have produced a template letter which can be used to complain if your child is not receiving the special educational provision set out in Section F of their EHC Plan.
I have been told by my child’s school that my child no longer needs to be on SEN Support. What can I do? Expand You need to ask the school why your child has come off SEN Support. As good practice the school should have discussed this with you. Ask the school for a meeting to discuss this, and find out why they took this decision. A school could take a child off SEN Support if, after a review of the child’s progress, it has been decided that the child no longer needs special educational provision. If you disagree with this, or if the school has taken this decision for any other reason, you can book an appointment to speak with one of our legally trained volunteers for more support.
What does SEN Support in post-16 education mean? Expand Chapter seven of the SEN and Disability Code of Practice 2015 (the Code) contains the statutory guidance in relation to; further education colleges sixth form colleges 16 – 19 academies, and some independent specialist colleges to identify, assess and provide support for young people with SEN. As young people, you should be supported to participate in discussions about your aspirations, your needs, and the support that you think will help you best. Support should be aimed at promoting your independence and enabling you to make good progress towards employment and/or higher education, independent living, good health and participating in the community. SEN Support should follow a cycle of action: Assess: Colleges should bring together all the relevant information from you, the school and anyone else working with you. This should be discussed with you and you can be accompanied by a parent, advocate or other supporter if you like. Plan: A support plan should be developed together with you. Support might include assistive technology, specialist tuition, note takers, access to therapies (for example, speech and language therapy) or a range of other types of support. Do: This plan should be put into place by the college. Review: The effectiveness of the support should be reviewed regularly, taking into account your progress and any changes to your own ambitions and aspirations, which may lead to changes in the type and level of support. External specialist help can be involved at any time, and should always be involved where your needs are not being met by the interventions put in place. A record should be kept of the support provided and of your progress. If the college has taken relevant and purposeful action to identify and meet your needs, but you are still not making expected progress, the college should consider requesting an Education, Health and Care needs assessment. You can also make this request yourself if you prefer, and your parents or other helper can support you in making it if you like.
What does SEN Support in school mean? Expand Chapter six of the SEN and Disability Code of Practice 2015 (the Code) sets out the actions that mainstream schools (including mainstream academies) should take to meet their duties in relation to identifying and supporting children with SEN. (This chapter does not apply to children in special schools, because special schools are specifically organised to provide for children with SEN, and all children in special schools should have an EHC plan setting out the provision required to meet their needs.) Schools should assess each pupil’s current skills and levels of attainment on entry and regular further assessments should take place. These should seek to identify pupils making less than expected progress. The Code refers to four broad areas of need: communication and interaction cognition and learning social, emotional and mental health, and sensory and/or physical needs. There is more detail given in relation to each area in the Code. A child could, of course, have needs falling in more than one area or maybe in a different area altogether. Schools are expected to plan how to deal with each of these areas of need, and make sure that their staff have relevant training and are equipped to respond. Special educational provision in schools is called SEN Support. The school should use a graduated approach following the cycle of Assess, Plan, Do and Review: Assess: The class teacher or subject teacher (working with the SENCO) is responsible for carrying out a clear analysis of a pupil’s needs, drawing on teacher assessments and experience of the pupil. Plan: Where it is decided to provide a pupil with SEN Support, their parents must be notified. All teachers and support staff who work with a pupil should be made aware of their needs, the outcomes sought, the support provided and any teaching strategies that are required. Do: The planned interventions should then be put into place. The class or subject teacher should work closely with any teaching assistants or specialist staff involved and the SENCO should support the class or subject teacher. Review: Reviews should take place and inform feed back into the analysis of the child’s needs. The Code is not prescriptive about how often reviews should take place, but given the Code suggests schools should meet with parents three times a year, good practice would indicate that such reviews will be at least termly. The decision to involve specialists can be taken at any time and should always involve parents. If your child’s school has taken relevant and purposeful action to identify and meet your child’s needs, but they are still not making expected progress, the school should consider requesting an Education, Health and Care needs assessment. You are also entitled to make such a request.
What does SEN Support in the early years mean? Expand Chapter five of the SEN and Disability Code of Practice 2015 (the Code) deals with SEN in the early years. The Code applies to all children in early years settings that receive local authority funding (including private/independent providers), whether or not they have an EHC plan. The Code emphasises the legal requirement upon early years’ providers to have arrangements in place to identify and support children with SEN and disabilities. This could be done through the universal progress checks at age two or five, or at any other time. The Code identifies four broad areas of need: communication and interaction cognition and learning social, emotional and mental health, and sensory and/or physical needs. Special educational provision given to children is called SEN Support. The Code recommends a graduated approach which has four stages of action: Assess; Plan; Do; Review. Early years settings are advised to involve specialists “where a child continues to make less than expected progress, despite evidence-based support and interventions that are matched to the child’s area of need”. The decision to involve specialists should be taken with the child’s parents (paragraph 5.48 of the Code). Records about their children must be available to parents and they must include information about how the setting supports children with SEN and disabilities.
We moved home two months ago. After we moved we got a letter from the new LA telling us that they had received a copy of our son’s EHC plan from the old authority and that they would be reviewing it in three months’ time. What should happen? Expand The letter also said that the local authority had no plans to reassess him. Before we moved, he was getting four hours of specialist teaching and one hour of speech and language therapy in a special school each week. Since we moved he has been getting nothing, despite the fact that we have spoken to the local authority on a number of occasions. Do we have to wait for the review before anything happens? As described in the section about moving to a new LA, the new local authority (LA) has a duty to make sure the special educational provision specified in Section F of his EHC plan is made. The fact that the LA has decided to review the EHC plan in 3 months’ time is irrelevant; it should be making the special education provision now. If it is no longer possible for your son to attend the school named in Section I of his EHC plan (perhaps because you have moved quite far away) then the LA must arrange for him to attend another appropriate school until it reviews and amends his EHC plan. If an appropriate school place cannot be arranged straight away. the LA must provide suitable alternative full-time education for him in the meantime. You should write immediately to the LA to complain. You should adapt our template letter to include the information about your move. If your son is without a school place, it may be easier to adapt this template letter (titled 22c) to complain that the LA must find a school (or provide alternative education) for him until the EHC plan has been reviewed and amended.
Our daughter’s anxiety builds up to the point that she cannot go to school. She has an EHC plan but it doesn’t contain any information about her mental health needs as these have only arisen recently. What should we do? Expand The school is saying there is nothing it can do as this is a health need and it is nothing to do with the school. This week we have received a letter from the local authority threatening us with an Attendance Order and court if we don’t return our daughter to school. We are worried about being prosecuted and fear our daughter will never be able to go back to school. When a child is unable to attend school and their behaviour and/or anxiety appears to be worsening, it is important to seek help as soon as possible. There are a number of different issues to deal with. Speaking to the school The school is not correct in saying that this is purely a health need and is nothing to do with it. Remember that the term special educational needs (SEN) covers a broad spectrum which includes social, emotional and mental health needs. Schools must have regard to guidance issued by the Department for Education on their responsibilities where a mental health issue is affecting attendance. Further guidance for schools on how to identify and support pupils with mental health issues can be found in ‘Mental health and behaviour in schools: departmental guidance for school staff’. You may wish to ask the class teacher, SENCO and or senior management team for a meeting to discuss what might be behind your child’s mental health issues and how they can support her. Dealing with the Attendance Order You should take your daughter to your GP and explain what has been happening. If the GP (or any medical/mental health professional) feels that she isn‘t currently fit to attend school, ask for a letter to your local authority (LA) to be provided, explaining this. Evidence of this type would provide a documented explanation for her non-attendance. The GP should refer her to the Child and Adolescent Mental Health Service (known as CAMHS). The next step is to write to the person or department (which is likely to be the Educational Welfare Service) who threatened you with the Attendance Order, updating them about your daughter’s mental health and explaining that she has SEN. Suggest to them that serving an Attendance Order in these circumstances would be premature and inappropriate; and what is needed is co-ordinated action by support agencies to identify and make provision for all of your daughter’s needs. Hopefully, once everyone involved realises that your daughter’s non-attendance is to do with her SEN rather than with you deliberately keeping her away from school, the LA will quickly decide to reassess her needs/update her EHC plan (see below) and the threat of issuing an Attendance Order will be withdrawn. If your LA continues with the threat of serving an Attendance Order, or actually serve it, you will need to speak to a criminal solicitor who is familiar with education cases. You should check if you qualify for legal aid. Getting temporary education put in place Next, you should write to your LA and request that it provides alternative education for her whilst she is out of school for mental health reasons. Your LA has a legal duty to provide suitable education for children of compulsory school age who are out of school “by reason of illness, exclusion from school or otherwise”, under section 19 Education Act 1996. This education should be full-time unless, for reasons relating to her physical or mental health, it would not be in her best interests for full-time education to be provided. There is statutory guidance for LAs called 'Arranging education for children who cannot attend school because of health needs’. Full-time education is not defined in law, but the guidance states it should be equivalent to what the pupil would normally have in school. If a child receives one-to-one tuition the hours could be fewer as the education may be more intensive. It also states that LAs should provide such education as soon as it is clear that the child will be away from school for 15 days or more, whether consecutive or cumulative. They should liaise with appropriate medical professionals to ensure minimal delay in arranging appropriate provision for the child LAs should not: Have policies based upon the percentage of time a child is able to attend school rather than whether the child is receiving a suitable education during that attendance. Have lists of health conditions which dictate whether or not they will arrange education for children or inflexible policies which result in children going without suitable full-time education (or as much education as their health condition allows them to participate in). It is unlawful to withhold or reduce the provision, or type of provision, for a child because of how much it will cost. Therefore, LAs must not have policies that limit a child’s education to a specified number of hours per week due to cost or availability. There is no absolute legal deadline by which LAs must have started to provide education for children with additional health needs. However, the guidance says LAs should arrange provision as soon as it is clear that an absence will last more than 15 days and it should do so at the latest by the sixth day of the absence, aiming to do so by the first day of absence. This should hopefully mean she will not miss out on any more education whilst she is out of school. Amending the EHC plan to get the right support in place Clearly, the support currently in place through your daughter’s EHC plan is not enough, as she has been unable to attend school. It may be that she needs more support, or she may need to attend a different school entirely. You should consider asking for a re-assessment of your daughter’s SEN. This is because her EHC plan does not include her mental health needs or provision to meet those needs. It will be important for the EHC plan to be updated to include this information. You should tell your LA about the threatened Attendance Order and ask them, in these circumstances, to reach a decision about a re-assessment as a matter of urgency rather than waiting the full 15 days. If you want, you could also ask for an emergency placement to be arranged for your daughter in a special school for the purposes of a re-assessment. If your LA refuses your request for a re-assessment, you have the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability) (the SEND Tribunal). You should consider our information about re-assessments and whether there may be a quicker way of getting your daughter’s EHC plan updated. A note on home education In some cases, parents may be encouraged to make arrangements to educate their child at home and parents often feel pressured into doing this to avoid prosecution for non-attendance. However, elective home education is a serious step. Most significantly, it relieves the LA of the duty to make sure the child receives the special educational provision in Section F of the EHC plan. It may be better to amend the EHC plan to set out different provision and/or name a different school (or ‘education otherwise than at school’) rather than attempting to take on home education without support. If a child in this situation does not have an EHC plan, it may be worth asking the LA for an EHC needs assessment. What is important is to get everyone involved working together to identify all of your child’s needs and making sure those needs are provided for.
My local authority says that what I am asking for is not part of their policy, what does that mean? Expand All local authorities (LAs) should have a policy on home to school transport, but it must be based on what the law says. LAs also needs to have regard to the statutory Travel to school for children of compulsory school age 2024 Guidance. The policy should set out: eligibility for free travel and how entitlement will be assessed arrangements for children with SEN and/or disabilities including arrangements for pupils who are registered at more than one school provision of escorts charges assistance to attend extended schools travel to residential schools, and complaints. LAs should consult widely on any changes to such policies. If your LA quotes its policy, start by getting a copy of it. Such policies should not include additional restrictions and limitations on access which are not contained in the Education Act 1996. The 2024 Guidance also makes clear that LA school travel policies should be easy for you to find and understand (see part 4 of the Guidance). If you consider that your child should be eligible under one of the categories for children of compulsory school age but they are being denied transport, seek advice from our advice line.
My child has learning difficulties and is going to need support and extra services around transport - what else is required to be done? Expand The statutory Travel to school for children of compulsory school age 2024 Guidance makes clear that your local authority (LA) should: carry out an enhanced Disclosure and Barring Service (DBS) check, with a check of the children’s barred list, for drivers and passenger assistants involved in providing dedicated school transport provide you with as much notice as possible of any changes to your child’s travel arrangements consider whether there are measures it can take to minimise negative impacts for your child if long journeys are unavoidable make sure that drivers and passenger assistants working on dedicated school transport have undertaken appropriate training and that this is kept up to date. The training that a driver or passenger assistant requires may be dependent on the needs of your child, and more specifically, make sure its transport staff have had equality training and any training required to meet the specific needs of your child. The government guidance, ‘Home to School Travel for Pupils Requiring Special Arrangements’, also advises on particular issues affecting pupils with severe learning difficulties and it recommends that LAs: ensure drivers and escorts are known to parents operator contact numbers are provided for parents ensure stability of staffing arrangements for pupils who dislike change encourage schools and transport services to use a home-school liaison diary, and ensure that journey times are reasonable to avoid undue stress. Other legal requirements and good practice points covered by this guidance include: enhanced DBS checks for all drivers and escorts minimum standards of training for drivers and escorts, including training in conflict resolution, safe handling and working with children with particular medical conditions or disabilities where appropriate assessment and management of risk specific measures for pupils with health needs, and specific training for staff and vehicle adaptations for pupils with mobility needs. This guidance recommends that travel needs of pupils with SEN be reviewed at least annually and that pupils should always travel by using mainstream arrangements and local travel schemes where they can. Reviews can decrease as well as increase transport support.
My child has an EHC plan. Does this mean that they are automatically entitled to transport? Expand Not automatically. If children with EHC plans fall in one of the categories of eligible children (set out in the section on children of compulsory school age then they will be entitled to transport. If a child with an EHC plan lives within statutory walking distance, can reasonably be expected to walk to school on their own and does not fit within one of the other categories, they will not be entitled to free home to school transport.
I would like to take my son to school myself. Will the LA help with my costs? Expand If your child is eligible for transport but you would like to take them and agree to do so, your local authority (LA) can pay your travelling expenses. To make sure the arrangements do not end up costing you extra (it must be free of charge), the travelling expenses may need to cover your journey home having taken your child to school in the morning, and your journey back to school to collect your child in the afternoon (in other words, all four legs of your journey to school and back). There are some exceptions to this though, for example if you work close to the school and do not travel home after taking your child to school. More information on this is contained in paragraphs 68 to 71 of the Travel to school for children of compulsory school age 2024 Guidance.
I have heard that transport needs to be non-stressful, what does that mean? Expand Case law has decided that it is implicit that the transport provided by an LA should be “non-stressful” if the child is to benefit from education. This means the child needs to be able to arrive at school ready to learn, rather than being unduly stressed or tired because of the journey. LAs must make sure that the travel arrangements they make take account of the needs of the child concerned.
Whose duty is it to arrange home to school transport? Expand It is a duty on the LA in which your child is ordinarily resident. LAs have a duty to make necessary travel arrangements for all eligible children attending qualifying schools, and a discretion to make travel arrangements for other children in their area (see the section on children of compulsory school age for more information).
My child has special educational needs (SEN) but we have been told we are not eligible because we live within a 3-mile radius of school. Is that correct? Expand Local authorities (LAs) are required to provide free school transport for any child who is eligible. This includes children with SEN, disabilities or mobility problems which mean that the child cannot reasonably be expected to walk to school even if they live within statutory walking distance. Please see the section on children with SEN, disabilities or mobility problems for more information.
There is a school named in my daughter’s EHC plan, but over the last few months she has become incredibly anxious and has started school refusing. She has now missed a significant amount of time. What can we do? Expand When a child has been refusing to attend school and their behaviour and/or anxiety appears to be worsening both at school and at home, it is important to seek help as soon as possible. There are a number of different issues to deal with. As a first step, you should take your daughter to your GP and explain what has been happening. If the GP (or any medical/mental health professional) feels that she isn‘t currently fit to attend school, ask for a letter to the local authority (“LA”) to be provided, explaining this. Evidence of this type would provide a documented explanation for her non-attendance. The GP should refer her to the Child and Adolescent Mental Health Service (known as CAMHS). Getting temporary education put in place You should write to the local authority (“LA”) and request they provide alternative education for her whilst she is out of school for mental health reasons. The LA have a legal duty to provide suitable education for children of compulsory school age who are out of school “by reason of illness, exclusion from school or otherwise”, under section 19 Education Act 1996. This education should be full-time unless, for reasons relating to her physical or mental health, it would not be in her best interests for full-time education to be provided. There is statutory guidance for LAs entitled ‘Ensuring a good education for children who cannot attend school because of health needs’. Full-time education is not defined in law, but the guidance states it should equate to what the pupil would normally have in school. It also states that LAs should provide such education as soon as it is clear that the child will be away from school for 15 days or more, whether consecutive or cumulative. They should liaise with appropriate medical professionals to ensure minimal delay in arranging appropriate provision for the child. They should not: Have policies based upon the percentage of time a child is able to attend school rather than whether the child is receiving a suitable education during that attendanc Have lists of health conditions which dictate whether or not they will arrange education for children or inflexible policies which result in children going without suitable full-time education (or as much education as their health condition allows them to participate in). It is unlawful to withhold or reduce the provision, or type of provision, for a child because of how much it will cost. Therefore, LAs must not have policies that limit a child’s education to a specified number of hours per week due to cost or availability. There is no absolute legal deadline by which LAs must have started to provide education for children with additional health needs. However, the guidance says LAs should arrange provision as soon as it is clear that an absence will last more than 15 days and it should do so at the latest by the sixth day of the absence, aiming to do so by the first day of absence. This should hopefully mean she will not miss out on any more education whilst she is out of school. Amending the EHC plan to get the right support in place Clearly, the support currently in place through your daughter’s EHC plan is not sufficient, as she has been unable to attend school. It may be that she needs more support, or she may need to attend a different school entirely. You could ask for an emergency review of the EHC plan so that it can be amended. Alternatively, if you think more information is needed about your daughter’s special educational needs (“SEN”), you could consider asking for a reassessment. This is because her EHC plan does not include her mental health needs or provision to meet those needs. It will be important for the EHC plan to be updated to include this information. You should tell the LA about the threatened Attendance Order and ask them, in these circumstances, to reach a decision about a re-assessment as a matter of urgency rather than waiting the full 15 days. If you want, you could also ask for an emergency placement to be arranged for your daughter in a special school for the purposes of a reassessment. There is guidance for schools from the Department for Education entitled ‘Mental health and behaviour in schools: departmental guidance for school staff’. This contains guidance on what schools should be doing to identify and support pupils with mental health issues. If the LA refuse your request for a re-assessment, you have the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability) (the “SEND Tribunal”). Threats of prosecution for missed schooling If the school, or the LA, suggests that you could be served with an Attendance Order or prosecuted as a result of your daughter missing school, you should update them about your daughter’s mental health and explain that she has SEN. Suggest to them that serving an Attendance Order in these circumstances would be premature and inappropriate; and what is needed is co-ordinated action by support agencies to identify and make provision for all of your daughter’s needs. Hopefully, once everyone involved realises that your daughter’s non-attendance is to do with her SEN rather than with you deliberately keeping her away from school, the decision to reassess will be taken quickly and the threat of issuing an Attendance Order will be withdrawn. If the LA continue with the threat of serving an Attendance Order, or actually serve it, you will need to speak to a solicitor who is familiar with education law.
Our daughter has an education, health and care plan but we wish to educate her at home. She misses a lot of school because of health needs and we think that it would be better for her to be educated at home. Does the local authority have to help us with this? Expand Section 7 of the Education Act 1996 places a duty on every parent of a child of school age to ensure that they receive efficient full time education suitable to their age, ability and aptitude, and to any special educational needs (“SEN”) they may have. However, a parent can fulfil this duty either by sending their child to school or, ‘otherwise’ – which includes a parent educating their own child at home. Electing to educate a child at home is a significant commitment so it is important to fully explore your options before committing to it. Some parents choose to home educate because this is how they want their children to be educated. Others home educate because of unmet needs or a breakdown in placement. Where it is the latter, there are other options available and it is important to get advice. Local authorities (“LAs”) have the power to take legal action against parents who fail to ensure that their children are educated when, for example, children do not attend school regularly (or at all) and when parents make inadequate (or no) arrangements for their education at home. Although LAs have the power to provide support to parents who are home educating their children they cannot be compelled to arrange special educational provision if you choose to home educate. So if, for example, your daughter’s EHC plan specifies that she should have weekly speech and language therapy, although you can ask that the LA continue to arrange this part of the special educational provision, you cannot insist that they do so. Your decision in respect of home educating needs to be made with this in mind. The position is different for children who cannot attend school because of illness. In this situation, the LA must provide education. It is also possible for special educational provision to be provided ‘otherwise than in a setting’ in circumstances where it is deemed inappropriate for the provision to be delivered in a school (section 61 of the Children and Families Act 2014). This is often referred to as ‘education otherwise’. If this happened, the LA would be under a legal duty to make sure the provision specified in Section F of the EHC plan was provided even though your daughter would be at home. This would need specifying in the EHC plan and it would be important for you to obtain advice about this in advance as her EHC plan would need amending to specify this arrangement. However, if you still feel that home education (rather than education otherwise) is the right course, the first step, then, is to write to the school and explain that you intend to make arrangements for your daughter’s education at home. At the same time you should write to the LA and ask them to amend Section I of the EHC plan in order to record that she is being educated at home. If your daughter currently attends a special school, you will need to write to the LA (not the school) to get their agreement to take her off the school roll. If she is at any other type of school, you do not need the permission of either the school or the LA. See our section on elective home education and education otherwise for more information. If that doesn’t work If the LA refuse to amend the EHC plan, you can still educate your daughter at home electively. If your daughter attends a special school and the LA refuse to agree to take her off the school roll, you should book an appointment with us for advice. LAs have a duty to prosecute parents when they believe that they are failing to ensure that their children are receiving an appropriate education. It is unlikely to happen, but if you are threatened with prosecution you will need legal advice from a solicitor.
We have received the draft education, health and care plan and all the professional advice. We have been told that we can express a preference for a school but believe our son needs intensive special help of the kind which can only be provided in a specialist independent school for autistic pupils. But we’ve been told that we can’t express a preference for an independent school and the LA intend to name one of their own special schools. What can we do? Expand We have been told that we can express a preference for a school but believe our son needs intensive special help of the kind which can only be provided in a specialist independent school for autistic pupils. But we’ve been told that we can’t express a preference for an independent school and the LA intend to name one of their own special schools. What can we do? In law, local authorities (“LAs”) must have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure. This is set out in section 9 of the Education Act 1996, and also in paragraph 9.84 of the SEN and Disability Code of Practice. Parents have a right to request most types of school other than fully independent schools, as explained here. While this right does not apply to independent schools, you can still ask and argue for a place at an independent school. However, the onus is on you to prove that none of the schools the LA is offering can meet your child’s needs, or that placing your child in that school will not constitute unreasonable public expenditure – and that, therefore, they must place your child in the independent school. Additionally, you must have an offer of a place from the independent school. Within 15 days of receiving the draft EHC plan, you can ask for a meeting with the LA and/or make written representations about the EHC plan. Either in writing or at the meeting, you should explain that you want the independent school named in Section I of the final EHC plan and why. You should also explain why you do not believe that the schools the LA can offer can meet your child’s special educational needs (“SEN”) or that placing your child in the school will not be an unreasonable cost to the public purse. If you can convince them of this, then they may consider an independent school. It may be that the professional advice gives you the evidence you need to prove that your child’s needs cannot be met by any school the LA can offer him. If not, you might have to consider getting a second professional opinion. If that doesn’t work If you are unable to persuade the LA at the draft EHC plan stage to name the independent school you want, then you will have to consider appealing to the First-tier Tribunal (Special Educational Needs and Disability) (the “SEND Tribunal”) when the EHC plan is finalised. It is advisable to appeal against Sections B and F, as well as Section I (which names the school). The deadline for appealing is two months from the date of the decision or one month from the date of the mediation certificate, whichever date falls the latest. You can find more information about appealing to the SEND Tribunal here. For more information, see the section on asking for an independent setting in choosing a school or college when you have an EHC plan.
I want a special school placement, and my local authority will only consult with certain special schools who have put in tenders as part of its procurement process – they say these are ‘Framework Schools’ and they are the only ones I can request. What can I do? Expand Some local authorities (“LAs”) devise a list of certain schools which they will consult with when a parent or young person requests that a special school is named in Section I of the EHC Plan. However, remember that when a parent or young person makes a request for any of the schools or institutions specified in section 38(3) of the Children and Families Act (“CAFA”) 2014, the LA must consult the school or institution (section 39(2) CAFA 2014). It can’t refuse to consult on the basis that the school or institution is not on their procurement list. It is also worth remembering the overall time limits for the EHC plan process. The LA must issue the finalised EHC plan within 20 weeks of the initial request for the EHC needs assessment. Delaying any consultation with the requested school will potentially mean that the LA misses this time limit and it will not be lawful for it to extend this time limit on the basis that it has not made a decision about something in the EHC plan (including what school should be named). If your LA refuses to consult a school or institution you have made a request for under section 38(3), you can use our template letter to complain.
We’ve received the draft education, health and care plan and have found a maintained special school we really like for our son. At our meeting with the local authority, we expressed a preference for this school, but we were told we’d be wasting our time as it is in a neighbouring local authority who has said that the school is full. Expand Parents or young people have a right to make a request for: A maintained nursery or school; An Academy; A Further Education college; A non-maintained special school; or A Section 41 school or college. (See the section on types of schools for more information.) Because you are asking for a maintained school, your own Local Authority (“LA”) is under a legal duty to place your son in the school of your preference, provided that: it is suitable to his age, ability or aptitude and his special educational needs; his attendance there will not be incompatible with the provision of efficient education for other children; or the efficient use of the LA’s resources. These conditions are set out in section 39(4) of the Children and Families Act (“CAFA”) 2014. There is no definition in law of what it means for a school to be ‘full’. LAs are able to name schools which say they are ‘full’ in EHC plans and must do so unless they are able to prove the child’s attendance is incompatible with the efficient education of others. In order to refuse to name a school, the LA has to show that because of the high numbers of pupils in the school, the child’s needs won’t be met, or that other children’s needs would not be met, or that there would be an inefficient use of resources (for example, as a result of them having to appoint another teacher or build another classroom). This is the law, regardless of which LA is responsible for the school you prefer. As you have expressed a preference for this school, your LA must consult the governing body of the school as well as the neighbouring LA (because the school you want is maintained by that LA) (section 39(2) CAFA 2014). After this consultation, the decision has to be made by your LA – not the school itself or the neighbouring LA. The first step is to write to your own LA reminding them that they (and no-one else) has the duty in law to make the decision. You can use our template letter to do this. If you are unhappy with the reply you receive to this letter, and the LA go ahead and finalise the EHC plan without naming the school of your preference, you will be able to appeal to the First-tier Tribunal (Special Educational Needs and Disability) (the “SEND Tribunal”). It is advisable to appeal against Sections B and F, as well as Section I (which names the school). The deadline for appealing is two months from the date of the decision or one month from the date of the mediation certificate, whichever date falls the latest. You can find out more about appealing to the SEND Tribunal here. The question of when a LA can refuse to name a school in an EHC plan has been considered by the courts, who have confirmed that parents or young people have strong rights to name a school or college of the types listed above. You can find cases on the right to a particular school in our case law section.
I’ve visited the local secondary school, which is the school we want our son to attend. Our son has Down’s Syndrome, and the head made it clear that he does not want him. He says that the school cannot meet our son’s needs. At our meeting with the local authority officer to discuss the draft education health and care plan, she said it would not be in our son’s best interests to force the school to take him and perhaps a special school would be better, but we do believe that he thrives best in a mainstream setting. And, just as important as his formal education, we want him to grow up in, and as part of, his local community. Expand If you feel that the head teacher of a school is less than enthusiastic about your child attending his school, remember that his views will not necessarily be shared by those members of the school staff who will actually be working with your child. The local authority (“LA”) must consult the school you name as your preference, but the final decision is made by the LA, not by the school. And, once a school is named on the education, health and care (“EHC”) plan, it must admit your child. This is set out in section 43 of the Children and Families Act (“CAFA”) 2014. You should inform the LA that this school is the one you want naming and you expect them to formally consult the school. When naming a school on a EHC plan, the LA must comply with the parent‘s preference unless the LA can prove: the school parents want is unsuitable to the child’s age, ability or aptitude and his special educational needs; their attendance will be incompatible with the efficient education of children with whom they would be educated; or their attendance will be incompatible with the efficient use of resource These criteria are set out in section 39(4) CAFA 2014. When an LA rejects a parent’s preference for a school they must be able to show which of the above conditions would be met if your child were to attend that school. These are the only conditions the LA can rely on. When parents want mainstream education and the LA is able to show that one of the above conditions apply, the LA must go on to apply an additional test. At this stage, ‘suitability’ cannot be used as a reason to deny a child or young person mainstream education. The LA must be able to show that: Their attendance is incompatible with the efficient education of other children with whom they would be educated with; and there are no reasonable steps the LA or the school can take to remove the incompatibility. This is set out in section 33 CAFA 2014. It may seem strange that ‘suitability’ is not a legal consideration. However, the idea behind this is if Section F of the EHC plan details all of the specialist help a child or young person needs then arguably, they can have their needs met in any mainstream school. See the section on the right to mainstream for more information. If that doesn’t work When an LA decide not to name a parent‘s school of preference on a EHC plan parents can appeal to the First-tier Tribunal (Special Educational Needs and Disability) (the “SEND Tribunal”) once the EHC plan is finalised. It is advisable to appeal against Sections B and F, as well as Section I (which names the school). The deadline for appealing is two months from the date of the decision or one month from the date of the mediation certificate, whichever date falls the latest. You can find out more about appealing to the SEND Tribunal here. The question of suitability concerning mainstream education has been considered by the courts, who have confirmed that it is very difficult for an LA to refuse a child a mainstream school place. You can find cases on the right to mainstream education in our case law section. The onus is on the LA to prove why your son cannot attend the school of your preference. If you appeal and the LA fail to convince the Tribunal, you will get the school you want.
Children out of school or not getting a full-time education Expand R v East Sussex County Council, Ex p Tandy / In re T (A Minor) [1998] 2 WLR 884: The LA is under an absolute duty to provide suitable education for children who are out of school due to illness, exclusion or otherwise. An LA may not take its own financial constraints into account when assessing what is an appropriate education. G, R (on the application of) v Westminster City Council [2004] EWCA Civ 45: Whether it is reasonably possible for the child to attend any existing suitable education (such as their current school), or whether they need alternative education under s. 19 Education Act 1996, must be looked at objectively, taking into account all the circumstances. RD and GD v The Proprietor of Horizon Primary (Responsible Body) (SEN): [2020] UKUT 278 (AAC) Whether or not a part-time timetable is discriminatory will depend on whether it is a proportionate means of achieving a legitimate aim – the school needs to consider whether the disadvantages caused to the child by the part-time timetable outweigh or are disproportionate to the aim pursued by the school. In this case, on balance, the part-time timetable was determined to be proportionate. R (on the application of Y) v Croydon LBC [2015] EWHC 3033 (Admin); [2016] E.L.R. 138: The mother of a severely learning-disabled child had been unable to get him to attend school despite significant efforts. The LA refused to change the school named in the Statement or provide other alternative education. The LA was found to be in breach of its duty under s. 19 Education Act 1996 to provide suitable education; as no further plan had been put forward, it was not reasonably practicable for the child to attend that school. R (LB) v Surrey County Council [2022] EWHC 772 (Admin): Where there is a duty under section 19 of the Education Act 1996 to provide alternative education, an LA must actually provide it and not merely attempt to provide alternative education. It is a duty which can be enforced by a mandatory order.
Home-to-school transport Expand R v Hereford and Worcester County Council, ex parte P 2 [1992] 2 FCR 732: Where an LA has responsibility for transporting a child or young person with special educational needs to school or college, that transportation must be ‘non-stressful’. S and another v Dudley Metropolitan Borough Council [2012] EWCA 346: This case details the circumstances where it is permissible for an LA to charge parents for transport – which is where the child does not attend their nearest suitable school and to provide transport would be an inefficient use of resources. Staffordshire County Council v JM (SEN) [2016] UKUT 246 (AAC): When determining whether free transport is necessary for a young person aged over 19, an LA must exercise their judgment “judiciously and in good faith" – essentially it must make its decision fairly. Even if it does not consider it ‘necessary’, an LA has a discretion to pay some or all of the reasonable costs of transport if no other arrangement has been made.
Young people and mental capacity Expand Buckinghamshire CC v SJ [2016] UKUT 0254 (AAC): Where a young person has the mental capacity to make decisions relating to the appeal, they must bring the appeal themselves (although their parents can help them). Where the young person does not have the capacity to do so, an ‘alternative person’ (usually their parent) will be the person bringing the appeal.
Responsibility to ensure provision in EHC plan is made Expand BA, R (on the application of) v Nottinghamshire County Council [2021] EWHC 1348 (Admin): Where an education, health and care (EHC) plan is issued following a SEND Tribunal order, the local authority (LA) has five weeks from the date of the order until the final plan must be issued. The LA must secure the special educational provision set out in the education, health and care plan from the date it is issued. Any delay in putting the special educational provision in place will amount to a breach of the LA’s duty under section 42 (2) Children and Families Act 2014. HXN, R (On the Application Of) v London Borough of Redbridge [2024] EWHC 443 (Admin): This case confirms that if a school has made efforts to put in place the special educational provision specified in an EHC plan but been unable to do so, it is the responsibility of the local authority (LA) to make sure the provision is put in place. The LA cannot delegate this responsibility to a school. It is an absolute legal duty of an LA under section 42 of the Children and Families Act 2014. N v North Tyneside Council [2010] EWCA Civ 135: The LA has an absolute obligation to ensure the special educational provision set out in an EHC plan is provided. The LA is not allowed to change an EHC plan without following the proper process for amendment. R v Oxfordshire County Council ex parte Pittick [1996] ELR 153: If a school is not able to fund the special educational provision in the Statement or EHC plan from its own resources, the obligation to arrange and secure the provision remains with the LA. A dispute about funding between a school and an LA should never be the reason why a child or young person does not receive the special educational provision in their Statement or EHC plan. R v London Borough of Harrow ex parte M [1997] ELR 62: The LA is responsible for ensuring the special educational provision in a Statement (now an EHC plan) is made, even where the provision in question is actually provided by another body (here, the health service). If the health service fails to make the provision the LA must step in. R (LB) v Surrey County Council [2022] EWHC 772 (Admin): Practical difficulties (including financial ones) are no excuse for an LA failing to secure the special educational provision in an EHC plan. It is an absolute duty of an LA under the Children and Families Act 2014.
Requesting an independent school or college Expand London Borough of Hillingdon v SS and others (SEN) [2017] UKUT 250 (AAC): This case sets out the law to be applied when a parent or a young person makes a request for an independent placement. EC v North East Lincolnshire LA (HS) [2015] UKUT 0648 (AAC) [2016] ELR 109: Where the parents are asking for an independent school, the First-tier Tribunal must first consider whether the parents’ and the LA’s choices can meet need. If they can both meet need, then it must then consider whether the additional expense is justified by any advantages attending that school would have for the child or young person. Hampshire CC v R & Sendist [2009] EWHC 626 (Admin): If the preferred placement is more expensive this doesn’t necessarily constitute unreasonable public expenditure. The tribunal must carry out a balancing exercise and can look, in addition to the educational benefits, at the wider health and social care benefits for the child to attend the school of the parent’s choice. Haining v Warrington Borough Council [2014] EWCA Civ 398 CA: Costs savings to the LA of the child attending the school the parent prefers are also relevant. For example, the saving to the LA of a respite care place which will not be needed if the child goes into a residential school, onsite staff specialism/therapies which would otherwise present a cost to LA/NHS, or direct payments for social care which the parents may now no longer need.
The right to a mainstream education Expand Bury Metropolitan Borough Council v SU [2010] UKUT 406 (AAC): when considering the right of a child with a Statement (now an EHC plan) to a placement in a mainstream school, whether or not the school is “suitable” is not a relevant consideration. The only issue to consider is whether attendance at the mainstream school would be incompatible with the education of other children and if so, that incompatibility cannot be removed by the taking of “reasonable steps”. ME v London Borough of Southwark [2017] UKUT 73 (AAC): when a parent or young person has asked for a mainstream setting, even if the placement is rejected under s. 39 Children and Families Act 2014 (on the grounds that it is unsuitable, or incompatible with the efficient education of others or the efficient use of resources), it may still be named under s. 33 Children and Families Act 2014 (the right to mainstream) unless the child or young person’s attendance would be incompatible with the efficient education of others and there are no reasonable steps that could be taken to avoid this. Harrow Council v AM [2013] UKUT 0157 (AAC): Where a parent requests a mainstream school and there is no suitable school available (whether inside or outside its area), the LA is under an absolute obligation to make a mainstream school suitable to meet the child’s needs, subject only to the qualification that it must be compatible with the efficient education of other children.
When an LA can refuse to name a school or college because it is incompatible with the efficient education of others Expand Hampshire County Council v R & SENDIST [2009] EWHC 626 (Admin) (2009) ELR 371: if a parent or young person requests a particular school is named in a Statement (now an EHC plan) and the LA argue that it is ‘incompatible with the efficient education of others’, there needs to be a positive finding of incompatibility, not merely by evidence of some impact on those other children. NA v London Borough of Barnet (SEN) [2010] UKUT 180 (AAC): The Upper Tribunal stated that this was a “strong test of incompatibility”, which means the test is a high threshold for the local authority. The local authority needs to have clear evidence of the difference the admission of that particular extra child or young person will make, and which students will be affected by this. OO and BO v London Borough Bexley [2023] UKUT 223 (AAC): A school can be named in an EHC plan even if it is full. If the LA does not want to name the setting based on the number of pupils already attending, then the LA will need to show why naming the school will “result in the quality of education provided to those other pupils falling below the threshold standard of “efficient education”. If it cannot, then the setting can and must be named.
When an LA can refuse to name a school or college because it is incompatible with the efficient use of resources Expand Crane v Lancashire County Council [1997] ELR 377: An LA must first establish whether the parents’ choice of placement is more expensive than that offered by the authority. If it is, the LA must make the decision as to whether the additional expenditure involved in meeting the parent’s preference is justified. Essex CC v the SEND Tribunal [2006] EWHC 1105 (Admin): A parent or young person’s preference can only be displaced on the grounds of being ‘incompatible with the efficient use of resources’ where the extra cost is significant or disproportionate. A difference of between £2000-£4000 was not found to be ‘incompatible’.
General cases on what should be named in Section I Expand C v Special Educational Needs Tribunal and London Borough of Greenwich [1999] ELR 5: The setting named in Part 4 of a Statement (now Section I of an EHC plan) must be able to make the special educational provision set out in Part 3 (now Section F). Derbyshire CC v EM and DM (SEN) [2019] UKUT 240 (AAC): Where a child or young person requires fulltime ‘education otherwise than in school’ (EOTAS) at home, the special educational provision should be set out in Section F and Section I should be left blank, as there is no setting to be attended. Devon County Council v OH [2016] UKUT 292: While a local authority needs to give consideration to helping children and young people with SEN achieve "the best possible outcome in adult life", this does not override other considerations such as appropriateness and cost – they simply have to provide what is ‘reasonably required’. East Sussex County Council v TW [2016] UKUT 528: Section I of an EHC plan must name a place ‘to be attended’ by a child or young person – therefore it cannot be the child or young person’s home. This has implications for children and young people educated otherwise than at a setting. R v Chair of Governors and Headteacher of A and S school ex parte T [2000] ELR 274: When a parent requests a school (of one of the types set out in s. 38(3) CAFA 2014), the ultimate decision to name the school rests with the home local authority. Even if the school and the local authority in which the school is located object, they can be overruled. R v Surrey County Council Education Committee ex parte P [1997] ELR 516: An LA is not under a duty to provide the best possible education for a child; all that must be shown is that the school or college can meet the child’s special educational needs.
When should therapies (such as speech and language therapy) be classed as special educational provision, and included in Section F? Expand R v Lancashire County Council ex parte M [1989] 2 FLR 279: Speech and language therapy can constitute special educational provision. London Borough of Bromley v SENDIST and Others [1999] EWCA Civ 3038: There is a significant degree of overlap between what is educational and what is non-educational therapy. It was inappropriate to seek to impose a rigid demarcation between the two areas. In this case, physiotherapy, occupational and speech therapy were all considered to be educational. DC & DC v Hertfordshire County Council (SEN) [2016] UKUT 0379 (AAC): Therapies which train a child or young person to manage anxiety (such as cognitive behavioural therapy or mindfulness) can be considered special educational provision, but general psychological support to address mental health problems is unlikely to be educational as it does not involve instruction or training. East Sussex County Council v TW [2016] UKUT 528: The First-tier Tribunal has the power to order any changes to educational provision in an EHC plan – it can add to the provision, amend it or remove it. Health and social care provision which educates or trains is ‘deemed’ to be special educational provision, and the First-tier Tribunal can order it to be moved to Section F. However it cannot order changes to health and social care provision which is not educational. (Note that from April 2018, the First-tier Tribunal will be able to make non-binding recommendations about the health and social care parts of the EHC plan.)
What should be in Section F of an EHC plan? Expand L v Clarke and Somerset County Council [1998] ELR 129: Where special educational provision is set out in Part 3 of the Statement (now Section F of an EHC plan) it must be specific, which will normally involve specifying the number of hours of support. C v Special Educational Needs Tribunal and London Borough of Greenwich [1999] ELR 5: An LA must make decisions about provision when writing a Statement (now an EHC plan), and cannot delegate this responsibility to someone else, such as a school. (For example, the EHC plan should not say anything like “Support to be determined by the setting”.) E v Rotherham MBC [2002] ELR 266, [2001] EWHC Admin 432: A Statement (now an EHC plan) cannot provide for provision to be amended unilaterally by the LA. In this case, the Statement said provision could be changed during the year following a ‘formal discussion’. This was not acceptable – any change to a Statement or an EHC plan should follow a proper process (e.g. annual review) so that the parents have a right of appeal. R v Cumbria County Council ex parte P [1994] ELR 337: Simply referring to a financial banding or an amount of money to describe what special educational provision will be made in Part 3 of a Statement (now Section F of an EHC plan) is not specific enough to satisfy the law’s requirement. Staffordshire County Council v JM (SEN) [2016] UKUT 246 (AAC): Transport is generally not special educational provision and should not usually be included in Section F of the EHC plan. Worcestershire County Council v SE [2020] UKUT 217 (AAC) and London Borough of Redbridge v HO (SEN) [2020] UKUT 323 (AAC): These linked cases considered how specific an EHC plan should be, and provided a series of general principles to be followed in order to achieve practical and enforceable plans.
EHC plans need to be specific and clear Expand R v The Secretary of State for Education and Science, ex parte E [1992] 1 FLR 377 CA: Statements (now EHC plans) must not be vaguely worded. Additionally, the LA must include special educational provision (in what is now Section F) for each and every special educational need identified. EC v North East Lincolnshire LA (HS) [2015] UKUT 0648 (AAC) [2016] ELR 109: The First-tier Tribunal should not ‘rubber stamp’ an inadequately vague Statement or EHC plan. Worcestershire County Council v SE [2020] UKUT 217 (AAC): Which confirmed that the appropriate and necessary level of specificity and detail in an EHC plan will depend on all the individual facts in a case. London Borough of Redbridge v HO (SEN) [2020] UKUT 323 (AAC): Which confirmed that where detail can reasonably be provided in an EHC plan, it should be. Even where there is need for flexibility (to meet the child or young person’s needs) in an EHC plan, the duty remains on LAs to specify.
Refusal to issue an EHC plan Expand Buckinghamshire CC v SJ [2016] UKUT 0254 (AAC): Whether or not a child or young person is capable of obtaining qualifications is not a relevant consideration when deciding whether they should have an EHC plan. The only question is whether an EHC plan is necessary in order for them to obtain the special educational provision they require.
Refusal to carry out an EHC needs assessment Expand Cambridgeshire County Council v FL-J [2016] UKUT 0225 (AAC): The test for carrying out an EHC needs assessment is “provisional and predictive” – it simply needs to be shown that the child or young person may need support at a level which the school or other setting is unable to provide without an EHC plan. Buckinghamshire County Council v HW (SEN) [2013] UKUT 0470 (AAC): When considering whether to assess, the test is whether it may be necessary for support to be provided through a Statement or an EHC plan; necessary means “somewhere between indispensable and useful or reasonable”. An LA must consider not only the present situation but also take into account future changes such as an upcoming change of school. MC v Somerset County Council (SEN) [2015] UKUT 0461 (AAC): An EHC needs assessment may be necessary in order to access enforceable rights – for example, where a school could theoretically do more to support a pupil but is unable or unwilling to do so, and so an EHC plan is necessary to access that support.
Our son is 19 and the LA say they plan to remove his EHC plan because his formal education is over and he is not capable of making further progress. Our son has profound and multiple disabilities and his college say they cannot have him back at the start of the September term. The LA say social care will have to help him. What do we do? Expand Parents and young people can feel pressured to rely on another service in place of an EHC plan, particularly when the young person is over the age of 19 or is not planning to remain in formal education. However, when we think about whether a child or a young person still requires an EHC plan we need to look at whether the special educational provision set out in it is necessary, or in other words, needed. This is what we call the “test” in law, and LAs must apply it. It is important to remember that special educational provision relates to education and ‘training’. The term ’training’ has a wide definition in law and can relate to things like social and vocational training. Therefore, it is possible for an EHC plan to continue in settings that are not formal education settings. If the young person continues to require special educational provision to be made for them, this is exactly what must happen. As your son is a young person, your LA should be writing and speaking with him directly and he should be acting for himself. That said, you can represent him if he is unable to make decisions for himself under the Mental Capacity Act 2005, or he has asked you to help. We have helpful information about this on our pages about young people aged 16-25. If your LA has sent a written notification of its proposal to remove the EHC plan, it is important to check the letter carefully as it could be a ‘cease to maintain’ notice. If it is called a ‘cease to maintain’ notice this means that your son will have a right to mediate and appeal this decision to the SEND Tribunal. If this is the case, it is important to get advice about appealing the decision. Before sending a ‘cease to maintain’ notice, LAs have a legal duty to consult with the young person (or parents, in the case of a child) and the education setting. This is set out in regulation 31 of The Special Educational Needs and Disability Regulations 2014. If your LA did not do this then it has acted unlawfully; your son should ask it to withdraw the ‘cease to maintain’ notice in writing and start the consultation process immediately. If your LA has only stated its intention verbally or written to say it is planning to cease to maintain the EHC plan in the future, your son should write to it immediately to: say he disagrees with its plans and why the EHC plan is still needed remind your LA of its legal duty to consult with him (you can help if he would like), and his college, on the LA’s intention to cease to maintain the EHC plan, before making its final decision request that your LA starts that consultation process without delay remind your LA that when considering whether to cease to maintain an EHC plan of a young person aged 18 or over, your LA must also consider whether the educational or training outcomes specified in the plan have been achieved. He should highlight all the outcomes specified in the plan which have not been achieved, and/ or make the LA aware of any new outcomes which are not set out in the EHC plan but should be require your LA to send to him its decision in writing as soon as it has made it, and inform your LA that, should it issue a ‘cease to maintain’ notice following consultation, he understands it is under a legal duty to maintain the EHC plan until either the time to make an appeal has passed or the appeal has been decided and the SEND Tribunal ordered for the plan to be ceased. This means your LA must continue to provide the special educational provision detailed in Section F of the EHC plan and the named placement in Section I must continue to admit your son. If the LA does issue a ‘cease to maintain’ notice, your son will need to make an appeal to the SEND Tribunal. If your son cannot make his own appeal because he does not have capacity under the Mental Capacity Act 2005, you or another representative can do so on his behalf. The deadline for appealing is two months from the date on the decision letter or one month from the date of the mediation certificate, whichever date falls the latest. Your son (or you on his behalf) will need to consider mediation. He will have the right to it, but does not have to participate in mediation if he does not want to. He can simply tell the mediation advisor that he does not want to participate in mediation and they will issue him with a mediation certificate. In an appeal against a cease to maintain decision, your LA will be required to show it applied the right legal test and has evidence to show the test is met. This means it will have to show that the EHC plan is no longer necessary. However, although it will be for the LA to show the EHC plan is no longer necessary, it would still be a very good idea for your son to put forward to the SEND Tribunal any evidence he has to show that the plan is, in fact, necessary. As set out on our main page on this topic, it is not lawful for the LA to cease to maintain the EHC plan simply because he is over 19 and/or it believes he is not making sufficient progress. If/when an appeal is brought, it would be a good idea for your son to consider appealing the contents of the EHC plan as well as the LA’s decision to cease to maintain it. That way, if his appeal is successful and the LA is ordered to continue to maintain the plan, it will contain up to date and relevant information on your son’s special educational needs and provision. He could also consider asking the SEND Tribunal to make recommendations on the health and social care sections of the EHC plan.
Our daughter is 18. She wants to go to college next year but she is quite nervous about this, and has said she’d like to carry on getting the type of support she gets at school. At a recent annual review, the school said the LA would take away her EHC plan at the end of the year because she has now achieved all of the outcomes in Section E. The outcomes were set when she started secondary school and are very out of date. We don’t think this is fair but they have said these are the rules. Expand As described on our pages about what to do if the LA takes away your EHC plan, the LA can only cease to maintain an EHC plan where: the LA is no longer responsible for the child or young person, or provision in the EHC plan is no longer necessary. It does not sound like this is the situation here. It is correct that the LA must consider whether the educational or training outcomes specified in the EHC plan have been achieved, when considering whether to cease an EHC plan for a young person who is aged over 18. However, this is just something it should take into account. The LA cannot cease the plan simply because the outcomes have (or have not) been achieved. The outcomes should have been amended as your daughter got older so they were still relevant. See our pages on what an EHC plan should contain for more information about this. Your daughter should get the EHC plan amended so that it is relevant and up to date. As well as ensuring the outcomes section kept up so date, it is very important for your daughter to ensure section B of her EHC plan accurately reflects her current special educational needs, and that section F specifies the special educational provision she currently requires. Our pages on annual review have further information on how to do this. If the LA does decide to cease to maintain the EHC plan, or if it refuses to amend the plan so it is up to date, then your daughter will have a right of appeal to the SEND Tribunal as well as a right to mediation.
Our LA is saying now that our daughter is 16 she is only entitled to education over 3 days per week. When we challenged this it said this is the maximum all young people get once they are in post 16 education. Is this right? Expand We are worried that she’ll spend the rest of the time in her room doing nothing. The local authority say we should get in touch with Social Care and Health to see if they can help. Is it right that she is only entitled to a minimum amount of education? We thought she would be better protected with an education, health and care plan. It is not uncommon for local authorities (LAs) to try to limit the number of hours a young person with an education, health and care (EHC) plan receives based on national entitlements applicable to others of the same age. The difference is, when a young person has an EHC plan, the LA must specify the special educational provision which is required and not base this on what a young person of a similar age normally receives in terms of study hours. When young people continue to require education and/or training over 5 days per week, it is important that Section F of the EHC plan specifies this. LAs will often ask young people or parents to seek additional provision to make up for the remaining days through health or social care. However, even if additional provision has been identified through these services, it will need specifying in the EHC plan. If the health or social care provision educates or trains the young person, it is in fact special educational provision and therefore must go into Section F of the EHC plan. There is no legal basis for LAs to limit the number of hours a young person with an EHC plan is in education or training based on their age. If this change has come about because your daughter is due to transfer to college or another post-16 institute, then your LA will need to carry out a review and amend her EHC plan well in advance of the transfer. If your LA wants to amend the EHC plan, it will need to send you notice of the changes it wants to make first. It will be important to check what Sections B and F say about her needs and provision requirements. If your LA has already amended the EHC plan and Sections B and F are lacking in specificity, you will need to appeal to the SEND Tribunal. The deadline for appealing is two months from the date of the decision or one month from the date of the mediation certificate, whichever date falls the latest. Paragraphs 8.39 and 8.40 of the SEN and Disability Code of Practice contain some helpful guidance on five-day packages of provision for young people: “Where young people have EHC plans, local authorities should consider the need to provide a full package of provision and support across education, health and care that covers five days a week, where that is appropriate to meet the young person’s needs… Five-day packages of provision and support do not have to be at one provider and could involve amounts of time at different providers and in different settings. It may include periods outside education institutions with appropriate support, including time and support for independent study. A package of provision can include non-educational activities such as: volunteering or community participation work experience opportunities that will equip young people with the skills they need to make a successful transition to adulthood, such as independent travel training, and/or skills for living in semi-supported or independent accommodation, and training to enable a young person to develop and maintain friendships and/or support them to access facilities in the local community. It can also include health and care related activities such as physiotherapy. Full-time packages of provision and support set out in the EHC plan should include any time young people need to access support for their health and social care needs.”
I have concerns about my son’s EHC plan. The school says there will be an annual review meeting in the next few weeks so I want to know how to best influence the review and get more provision for him. What do I need to know? Expand It is important that the EHC plan properly specifies all of your son’s special educational needs (Section B) and the special educational provision (Section F) required to meet those needs. If your son’s current EHC plan lacks detail concerning his needs and provision requirements, the annual review process is a useful tool in trying to influence change to the EHC plan. The first step is to clarify the date of the review meeting. The person arranging the meeting (usually the head teacher) must: give at least two weeks’ notice of the meeting date invite specified professionals to the meeting, and obtain advice in relation to your son. Any advice obtained as part of the review must be circulated at least two weeks before the review meeting. There is more detail about this in the section on the annual review process. In particular, our annual review checklist contains tips on how to prepare for the meeting and sets out all of the steps that must be followed by the school or college and the LA. An important element here will be the information and advice which should be gathered in advance of the meeting. These can be used to influence change to the EHC plan. If there is a delay in carrying out or concluding the annual review, you can complain to the LA using our template letter. If your LA decides to keep the EHC plan as it is, or to cease to maintain it, you will need to appeal to the SEND Tribunal.
Our child has an EHC plan and has just started year 6. We are worried about which secondary school she will go to. We’ve spoken to her current school and it has said we should receive a ‘general preference form’ soon. Do we need to fill in this form? Expand We’ve had a look at this form online and it says nothing about stating a preference for a special school which is what we believe is what she needs. We thought the process for children with EHC plans was different but the school says it isn’t and we must complete the general preference form in time otherwise there’ll be no places left. Local authorities (LAs) have a legal duty to review and amend an education, health and care (EHC) plan when a child or young person transfers from one phase of education to another – in this case, from primary to secondary. For a transfer from primary to secondary school, the annual review must be completed by 15 February in the year of transfer. The process that needs to take place is: Information must be gathered from you as well as from professionals about the EHC plan, and then circulated two weeks before the annual review meeting. You must receive at least two weeks’ notice of the meeting. An annual review meeting must take place to discuss the EHC plan. After the meeting a report of what happened must be written and sent to everyone who went to the meeting or provided information to be discussed. Within four weeks of the meeting your LA must tell you of its decision to maintain, amend or cease the EHC plan - at phase transfer it will need to be amended to name the new school/setting (or type of setting), the LA must send you details of the changes it plans to make to the EHC plan at the same time as sending you its decision to amend it. Your LA must finalise the EHC plan within eight weeks of the date it sent you the amendments. In order for the EHC plan to be amended and finalised by 15 February, discussions about transfer need to begin early in the autumn term of the year before transfer to allow plenty of time for the review and amendment process to happen. You can use our template letter to make a complaint if the LA has not begun the phase transfer in time, and request the review meeting is held without delay. As part of the annual review process your LA will send you a notice setting out the changes it intends to make to the EHC plan as set out above. You will be able to request the school you want for your daughter. Your LA must agree to your request unless it’s an entirely independent/private school or one of the exceptions set out in the law applies. If you disagree with your LA’s proposed school, or any other amendments it proposes to make to the EHC plan, you can use our template letter to set out your objections. It is important the review is concluded well before the end of year 6, because if your LA does not name the school you want in the final EHC plan, you will need to appeal to the SEND Tribunal. You will want the appeal to be concluded in good time for you to prepare for the September term. It is not uncommon for LAs to ask parents to complete a ‘general preference form’ so their preference(s) can be considered. However, these forms apply to children and young people without EHC plans through separate legislation. Therefore, parents who have children with EHC plans are not required to complete general preference forms.
We want occupational therapy moved into Section F of our son’s education, health and care plan. Section B lists fine motor skills and sensory difficulties as some of his special educational needs, but occupational therapy is written in Section G as ‘health care provision’. We do not believe this is right but what else can we do? We had a meeting with the LA when the EHC plan was at the draft stage but it said it is a service provided by the NHS and it is out of the LA's hands. Expand You are right in thinking that the occupational therapy is likely to be special educational provision therefore should be specified in Section F of the education, health and care (“EHC”) plan. What supports your argument is that the local authority (“LA”) has described your son’s difficulties with fine motor skills and sensory difficulties in Section B as special educational needs (“SEN”). The law is clear that any health or social care provision which educates or trains a child or young person must be treated as special educational provision instead of health or social care provision. See the section on what an EHC plan should contain for more information. You can also use IPSEA’s EHC plan checklist to check whether your draft EHC plan complies with the legal requirements for how it should be set out. It is not uncommon for LAs to be reluctant to specify provision which comes from a health or social care service in Section F of the EHC plan as once they do, they become ultimately responsible for securing the provision, even if health or social care can’t or refuse to do so. You will need to appeal to the First Tier Tribunal (Special Educational Needs and Disability) (“the SEND Tribunal”). The deadline for appealing is two months from the date of the final plan or one month from the date of the mediation certificate, whichever date falls the latest. You should also consider appealing Section B of the EHC plan after checking it to make sure all of your son’s SEN are properly specified.
The EHC plan has been finalised and we still disagree with the description of our son's needs in Section B and the lack of appropriate provision in Section F of the final EHC Plan. The provision in Section F is really vague and there is an appendix to the EHC Plan titled ‘steps to achieving outcomes’ which lists all the special educational provision. Expand Some local authorities (“LAs”) create additional sections to education, health and care (“EHC”) plans despite the law being clear that the statutory sections are A to K. While it is not strictly unlawful for LAs to add additional sections, it can be confusing and misleading. It is, however, unlawful for the LA to specify educational provision anywhere other than Section F of the EHC plan. The EHC plan must contain all of the sections required in law. Any additional sections the LA adds will not have any legal effect, so it is important to ensure any of the special educational provision your son needs is properly specified in Section F and is not left to be determined in a section which has no legal status. You will not be able to compel the LA to secure the special educational provision unless it is specified in Section F. Section B of the EHC plan must specify all the special educational needs (“SEN”) and Section F must specify all of the required special educational provision. See the section on what an EHC plan should contain for more information. You can also use IPSEA’s EHC plan checklist to check whether your draft EHC plan complies with the legal requirements for how it should be set out. It is important that you do not miss your deadline for appealing to the First-tier Tribunal for Special Educational Needs and Disability (“the SEND Tribunal”). The deadline is 2 months from the issuing of the final EHC plan or 1 month from the date of the mediation certificate, whichever date is the latest. Getting the EHC plan right now will be crucial to ensuring your child receives the special educational provision they need in the future. It will be difficult for the LA to justify, and defend, specifying provision in a non-statutory section of the EHC plan and refusing to specify it in Section F.
I still have a Statement and the LA have not started transition, and my child is meant to be moving school soon. Can the Statement be amended? Expand Yes. As described in the section about your rights if you still have a Statement, the Statement should still be reviewed every year, and can be amended. However, you might be better off pushing for an EHC needs assessment as part of transition (which the LA should already have started) – you can use our model letter to do this. If you have an EHC needs assessment, it will be an opportunity to obtain up-to-date information and advice about your child in advance of their move to a new setting.
How should the LA involve me in the process? Expand The views, wishes and feelings of children, young people and their parents, and their participation, must be central to every decision the LA makes in regard to assessing a child or young person’s SEN and how to support them. If they do not involve you, any subsequent decision is illegal and can be challenged. The LA can be made to do the assessment again. It is not good enough to offer a ‘token’ involvement.
The LA have started the transition process, but have said they don’t have time to get any new advice. The most recent educational psychologist report is nearly 5 years old and is no longer accurate. What can I do? Expand Every child or young person with a statement must undergo a full EHC needs assessment before they can obtain an EHC plan. There are no exceptions. The LA can only rely on previous information (including advice which was provided for the statement) if: The advice is sufficient for the purpose of a EHC needs assessment; The author of the report agrees to it being used; and The parent or young person agrees to it being used. Importantly, if you do not agree to any of the existing advice being used, the LA must seek new advice, regardless of how recent the advice is that they wish to rely on. See IPSEA’s transition timeline for more detail on how the LA should carry out transition.
How do I get an EHC plan if I currently have a Statement? Expand Your LA will need to ‘transition’ your Statement over to an EHC plan. There is a particular process they must follow which is set out in IPSEA’s transition timeline. This must involve an EHC needs assessment. All transitions should already have started. This means you can complain to your LA about the fact that they haven’t yet started this process. Check our page on what will happen to your Statement after the transition deadline to find out whether you should push for transition straight away or if you can simply keep the Statement for the time being.
Which type of appeals can include health and social care issues? Expand The SEND Tribunal can use its extended powers in appeals against the following decisions: a decision by the local authority (“LA”) not to issue an education health and care plan (“ EHC plan”) following an EHC needs assessment a decision by the LA not to carry out a re-assessment for a child/young person who has an EHC plan a decision by the LA not to amend an EHC plan following a review or re-assessment a decision by the LA to cease to maintain an EHC plan the description of the child/young person’s special educational needs in an EHC plan the special educational provision specified in an EHC plan the school or other educational institution named in an EHC plan This means parents and young people can ask for recommendations about health and/or social care in all appeals except refusal to assess decisions. Your LA should have notified you of the SEND Tribunal’s extended powers in its decision letter and set them out in the local offer. If your LA has not advised you, don’t worry, you can still ask for health and/or social care recommendations on the form you fill in to register your appeal (Form SEND 35). You can download the appeal forms from the SEND Tribunal website.
Can you appeal to the SEND Tribunal where the only problem is in relation to health and/or social care? Expand No. There has to be an educational part to the appeal for it to be considered under the SEND Tribunal’s extended powers. If your concerns about the child or young person’s EHC plan are around health and/or social care rather than education, you still have the option of mediation.
What parts of the EHC plan are appealable to the Tribunal? Expand The SEND Tribunal’s extended powers have expanded which sections of an EHC plan it can consider. As well as having the power to order amendments to Sections B, F and I of an EHC plan (this has always been the case), the Tribunal can now recommend changes to sections C (health needs), D (social care needs), G (health provision), H1 and H2 (social care provision).
What powers does the Tribunal have in relation to health and social care? Expand The Tribunal can make ‘recommendations’ to the health and social care sections of a plan. These are non-binding but there is an expectation they will be followed. If they are not going to be followed then the LA (for social care) or the integrated care board (“ICB”) (for health) will need to write to the parents/young person and Tribunal within 5 weeks of the decision, explaining why they have decided not to follow the recommendations. The ICB is the local body that oversees the delivery of health services (before July 2022, clinical commissioning groups (“CCG”).
What can a parent or young person do if they have already appealed the educational elements of a decision and want to extend this to cover the health and/or social care elements? Expand If a parent or young person has already appealed they can request that the SEND Tribunal “open up” the appeal to include health and/or social care as part of its consideration. You will need to first notify your LA that you want to include health and/or social care in the appeal and seek its views(we suggest giving your LA a deadline to reply to you). You can then make the request to the Tribunal using what is called a “request for change” form (SEND 7). You will need to give your reasons as to why you want to include health and/or social care in the appeal and include your LA’s response. If your LA has not responded, you can explain this to the Tribunal in your request. The Tribunal will then notify you of its decision as to whether or not it agrees to allow your request to include health and/or social care issues in the appeal. If you are seeking to extend an appeal to include health and/or social care this could lead to a delay in your appeal, including an adjournment of the hearing (the date being put back).
If I want the Tribunal to make recommendations about health and/or social care what should I write on the Tribunal appeal forms? Expand There could be a number of reasons why you want to appeal to the SEND Tribunal. It may be helpful to start off describing (briefly) your child’s health or social care needs and what help or support you are seeking from social services or the health authority. You may be unhappy about the lack of provision offered, or the provision may not be suitable or adequate. You should provide as much information as you can, but you do not need to set out your whole case with evidence at this point and neither do you have to refer to any specific laws. We would also recommend reading the sections of our website which provide general advice for all appeals, and more specific advice about appeals regarding the contents of an EHC plan.
If your appeal asks the Tribunal for recommendations about health and/or social care, what difference will it make to the appeal process? Expand The LA will need to issue a response to all parts of the appeal, not just the educational part of your appeal. For the social care and health parts of the appeal, the LA will need to obtain a response from its social care team and the local health body. Local health bodies used to be called clinical commissioning groups (“CCG”), from July 2022 they are known as integrated care boards (“ICB”). The LA may decide to bring witnesses to the hearing from social care and/or health. You will need to gather and prepare evidence on education, health and /or social care in preparation for the appeal. You may want to secure witnesses to support your case, for example independent health or other professionals. As a consequence of extending the appeal to include health and social care, the hearing may be longer. They are usually scheduled for two days but you, the LA and any witnesses may only need to attend the first day with the Tribunal using the second day to make its decision. If the Tribunal suggests this but you feel it would be unfair not to use the second day to hear more evidence, you should explain this to the Tribunal. In complex cases, hearings may even go on over two days.
What if my LA and health body do not respond to the health and/or social care part of my appeal? Expand We are finding that some LAs and health authorities are not responding to health and social care issues raised in extended appeals. In this case the Tribunal can issue an ‘order’ asking the authorities to, for example, send information or carry out an assessment so that the health and/or social care issues can be progressed. In most cases the relevant health authority means your local health body. These bodies used to be called clinical commissioning groups (“CCG”), from July 2022 they are known as integrated care boards (“ICB”). You may have to tell the Tribunal that your LA (for social care) or ICB is not responding by sending a “request for change” form (SEND 7) using the process described above.
What if the educational part of my appeal settles before the hearing: will the Tribunal still consider the health and/or social care part of my appeal? Expand At present this is still unclear. If the parties settle and wish to withdraw their case, they would need to prepare a consent order. The SEND Tribunal may not be willing to class the case as ‘finished’ where there are still issues outstanding.
Can the Tribunal recommend that the health authorities and/or social services carry out assessments on a child or young person? Expand Yes it can. If health and/or social care assessments are needed to identify all of a child or young person’s needs, the Tribunal can order the LA and/or the health authority to undertake these before the hearing. The order could be made following a request by the parents or by the Tribunal as part of its case management powers.
What can you do if the LA and/or health body say they will not follow the recommendations issued at the end of the appeal? Expand You can complain to the Local Government and Social Care Ombudsman (in relation to social care) or the Parliamentary and Health Service Ombudsman (in relation to health provision), or seek a judicial review of the decision. You will need to instruct a legal representative if you want to start judicial review proceedings.
How do I book an IPSEA Training day? Expand Choose the category your organisation falls under on this page of our website. Choose the course you would like from those available and click the orange Book your face to face training button. This will take you to a short form for you to complete which gives us everything we need to make your booking. Please make sure you fill in this form as fully as possible for us to be able to process your booking as quickly as possible.
What is IPSEA’s process once I’ve submitted my booking form? Expand If you have given date(s) for your training, we will try to match the closest trainer geographically to your venue. We have a team of six trainers based all over England. Once your date is confirmed, we will email you to let you know and confirm all details. Our Finance team will mail you an invoice. On payment, we will mail over your slides for the day and confirm all the final training details. If you have any queries about or during this process, you can email [email protected] and we’ll be happy to help.
Autism and pathological demand avoidance (PDA) Expand National Autistic Society: https://www.autism.org.uk/ https://www.autism.org.uk/advice-and-guidance The PDA Society - https://www.pdasociety.org.uk/
Benefits and grants Expand Contact - https://contact.org.uk/advice-and-support/benefits-financial-help/ Contact’s free 'Helpful Guide for Families with Disabled Children' can be downloaded here and ordered in hard copy Contact’s website hosts a Grant Finder Tool to help families who are in need of financial assistance e.g. to pay for specialist equipment, therapies and housing adaptations. You can find other useful information on aids, equipment and adaptations, help with education costs, home improvements, transport and leisure discounts. Citizens’ Advice - https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/ Disability Law Service - https://dls.org.uk/ Parents in Need - https://www.parentsinneed.org/ - a charity which funds professional reports needed for a SEND Tribunal appeal.
Bullying Expand Bullying UK (part of Family Lives) - https://www.bullying.co.uk/ Childline - https://childline.org.uk/
Childcare Expand Contact - https://contact.org.uk/advice-and-support/work-childcare/ Childcare Choices (childcare eligibility check) - https://www.childcarechoices.gov.uk/
Elective home education Expand Education Otherwise: https://www.educationotherwise.org/ Home Education Advisory Service (HEAS): https://www.heas.org.uk/
Educational psychology Expand If your child has not been seen by an educational psychologist, you can ask their school to refer them to their local service or (if appropriate) request an EHC needs assessment. You can search for independent educational psychologists in your area using: the British Psychological Society’s directory of chartered psychologists - https://www.bps.org.uk/find-psychologist the Association of Child Psychologists in Private Practice - https://www.achippp.org.uk/
Employment Expand Contact - https://contact.org.uk/advice-and-support/work-childcare/ Disability Law Service - https://dls.org.uk/
Employment issues (including apprenticeships) Expand ACAS - https://www.acas.org.uk/getting-legal-advice ACAS helpline - 0300 123 1100
Exclusions Expand The School Exclusions Project can provide advice and representation at the point of exclusion, at Governing Body Hearings, Independent Review Panels and for SEND Tribunal appeals - https://schoolexclusionproject.com/get-help-now/ The School Exclusions Hub hosted by Coram contains resources, template letters, and existing resources currently available on the Child Law Advice Service website - https://www.coram.org.uk/what-we-do/our-work-and-impact/school-exclusions-hub/
Family law Expand Coram Children’s Legal Centre - https://childlawadvice.org.uk/clas/contact-child-law-advice/
Finding a nursery, school or college/information about schools Expand Finding a school As a first step, you should look on your local authority’s (LA) local offer, and that of any neighbouring LAs. You can search by LA on the Department for Education directory of schools - https://get-information-schools.service.gov.uk/ You can also search by LA on the list of Section 41 special schools and colleges maintained by the Department for Education - https://www.gov.uk/government/publications/independent-special-schools-and-colleges John Catt’s ‘Which school for special needs’ is a directory of independent special schools - https://www.specialneedsguide.co.uk/ Finding information about a school For help checking what type a school or other setting is, you can: search for it on https://get-information-schools.service.gov.uk/ if it is classed as ‘Other independent special school’ it may be a Section 41 school. You can scroll further down the page to ‘Section 41 approved’ and it will tell you whether the school is Section 41 approved or not. Independent schools which are not Section 41 approved are wholly independent schools. You can also check whether the school appears on the Section 41 list -https://www.gov.uk/government/publications/independent-special-schools-and-colleges
Free school meals Expand Contact has a free school meals guide and four template letters which have been written by human rights lawyers and are designed to help families whose children are eligible for free school meals but cannot access them in the standard way. There is a choice of two flowcharts to use, both of which assist you in determining whether your child is eligible and if so, which template letter is applicable to your circumstances.
Gypsy, Roma and Traveller communities Expand Friends, Families and Travellers - https://www.gypsy-traveller.org/ - supporting Gypsy, Roma and Traveller people with various issues including education, health, discrimination and accommodation. https://www.gypsy-traveller.org/ https://www.gypsy-traveller.org/get-advice/
Health Expand Beacon - provides up to 90 minutes free advice and a free toolkit on continuing health care (CHC), including on CHC assessments and appeals. https://www.beaconchc.co.uk/how-we-can-help/free-information-and-advice-on-nhs-continuing-healthcare/ 0345 548 0300 Contact - has a comprehensive directory of medical conditions and learning disabilities, with details of organisations which can provide support for each type. You can also download or request a hard copy of Contact’s free “Helpful guide for families with disabled children”. It also has a dedicated page on support when a child does not have a diagnosis. ERIC - The Children’s Bowel and Bladder Charity: https://eric.org.uk/ ERIC provides a free helpline, information, advice and resources on children’s continence issues, including best practice guidance for education settings. SHINE - (Spina bifida. Hydrocephalus. Information. Networking. Equality): https://www.shinecharity.org.uk/ SHINE is a charity which provides a range of free services for children and adults living with spina bifida and/or hydrocephalus, and their parents. Services include health support, legal support and education support. Stroke Association - Childhood Stroke Support Service: https://www.stroke.org.uk/childhood-stroke The Stroke Association offers a Childhood Stroke Support Service, which has information and advice for parents and carers of children affected by childhood stroke. Services include practical information and a support service.
Housing Expand Shelter - https://england.shelter.org.uk/get_help Disability Law Service - https://dls.org.uk/
Legal aid Expand If you need help with an appeal or claim in the SEND Tribunal, please see our where can I get help? page. If you wish to instruct a solicitor, you should first check whether you qualify for legal aid – https://www.gov.uk/legal-aid/eligibility. IPSEA cannot recommend a specific firm but suggest you find a firm or a solicitor with expertise in education law. You can search for education solicitors in your area using the Law Society pro-search function: http://solicitors.lawsociety.org.uk/?Pro=True
Local authority Expand The Association of Directors of Children’s Services has a directory of the names and contact details of all directors of children’s services: https://adcs.org.uk/contacts/directors-of-childrens-services
Looked after children and adopted children Expand Statutory Guidance – Promoting the education of looked after children and previously looked-after children https://www.gov.uk/government/publications/promoting-the-education-of-looked-after-children Coram Children’s Legal Centre https://childlawadvice.org.uk/ Parents and Children Together (PACT) https://www.pactcharity.org/ Adoption UK https://www.adoptionuk.org/ Adoption support fund https://www.gov.uk/guidance/adoption-support-fund-asf Help at Hand - the Children’s Commissioner’s advice and assistance service for children in care, children who have a social worker or are working with social services, children living away from home and care leavers. It has a free helpline, email contact and frequently asked questions here: https://www.childrenscommissioner.gov.uk/help-at-hand/