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/
Mental health Expand Mind - https://www.mind.org.uk/information-support/helplines/ Young Minds (who can provide advice and support both to parents and directly to children or young people) - https://youngminds.org.uk/
Northern Ireland Expand IPSEA does not advise on the law in Northern Ireland. If you live in Northern Ireland, please see the links below to find out more: Contact provides information and advice for families with disabled children in Northern Ireland: https://contact.org.uk/northernireland The Education Authority has information on its website: https://www.eani.org.uk/parents/special-educational-needs-sen/special-educational-needs-general-information SENAC provides information, advocacy and advice in relation to law for children with SEND in Northern Ireland http://www.senac.co.uk/
Occupational therapy Expand If a child has not been seen by an occupational therapist, parents can ask their GP to refer them to their local service. Parents can search for independent occupational therapists in their area using the Royal College of Occupational Therapists’ directory - https://rcotss-ip.org.uk/find Health & Care Professions Council standards of proficiency for occupational therapists - https://www.hcpc-uk.org/standards/standards-of-proficiency/occupational-therapists/ For information on common sensory processing difficulties, assessments, interventions and strategies see https://cerebra.org.uk/download/sensory-processing/
Personal injury Expand If your child or young person’s SEND is due to personal injury, you may wish to seek legal advice on potential compensation. If the injury was as a result of clinical negligence you should check if you qualify for legal aid - https://www.gov.uk/check-legal-aid. Otherwise, you can search for personal injury solicitors in your area using the Law Society pro-search function: http://solicitors.lawsociety.org.uk/?Pro=True Any settlement should include an Educational Indemnity. This makes sure that costly litigation to secure educational support is indemnified, and where adequate provision cannot be secured through a SEND Tribunal appeal, this support will be funded by the person or body responsible for the child’s injuries. You can read more about this process here (please note IPSEA is not recommending the firm).
Physiotherapy Expand If your child has not been seen by a physiotherapist, you can ask your GP to refer them to their local service. You can search for independent physiotherapists in your area using the Chartered Society of Physiotherapy’s directory - https://www.csp.org.uk/public-patient/find-physiotherapist/physio2u Health and Care Professions Council standards of proficiency for physiotherapists - https://www.hcpc-uk.org/standards/standards-of-proficiency/physiotherapists/
School related anxiety Expand IPSEA - https://www.ipsea.org.uk/school-anxiety Mind - https://www.mind.org.uk/information-support/helplines/ Young Minds - https://youngminds.org.uk/ The Law Society pro-search function - http://solicitors.lawsociety.org.uk/?Pro=True
Scotland Expand IPSEA does not advise on the law that applies in Scotland so please see the below links for some useful resources for those living in Scotland. Parents and carers in Scotland can contact Enquire - https://enquire.org.uk/contact/ Enquire has a telephone helpline and useful information on its website including this factsheet. Contact provides information and advice for families with disabled children in Scotland: https://contact.org.uk/help-for-families/information-advice-services/education-learning-scotland/support-in-education-scotland/ Cerebra has Scotland specific resources available here - https://cerebra.org.uk/get-advice-support/parent-guides/ https://cerebra.org.uk/get-advice-support/legal-and-financial/template-letters-scotland/
SEN organisations Expand As well as IPSEA, there are other SEN organisations which may be able to provide you with information and advice. You will have a local and independent Information, Advice and Support Service. IAS services are able to help parents review EHC plans, and attend meetings with schools or LAs (depending on service capacity): https://councilfordisabledchildren.org.uk/information-advice-and-support-services-network/find-your-local-ias-service You may also find the following useful: Contact - https://contact.org.uk/advice-and-support/education-learning/ Coram Children’s Legal Centre - https://childlawadvice.org.uk/clas/contact-child-law-advice/ SOS!SEN - https://www.sossen.org.uk/
Social care Expand Carers UK - https://www.carersuk.org/ Contact - https://contact.org.uk/advice-and-support/social-care/ Disability Law Service - https://dls.org.uk/ 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/
Speech and language therapy Expand If your child has not been seen by a speech and language therapist, you can ask your GP or their school to refer them to their local service. You can search for independent speech and language therapists in your area using the Association of Speech and Language Therapists in Independent Practice’s directory - https://asltip.com/find-a-speech-therapist/ Health and Care Professions Council standards of proficiency for speech and language therapists - https://www.hcpc-uk.org/standards/standards-of-proficiency/speech-and-language-therapists/
The annual review is due, but we’re involved in an ongoing appeal to the SEND Tribunal about the EHC plan. How does this affect the process? Expand The annual review must take place within 12 months of the last review, or of the date the EHC plan was first issued. This is not affected by an ongoing appeal. As such, the annual review needs to take place. The annual review could be an opportunity to try and resolve some of the issues in dispute. If your LA issues a new amended EHC plan after the annual review, this new EHC plan is valid and enforceable and replaces the plan that has been appealed. If there are still parts of the EHC plan you are unhappy with, you can ask the Tribunal to treat the new EHC plan as a working document in the current appeal, rather than registering a new appeal.
If I’ve successfully appealed to the SEND Tribunal and the LA have been ordered to issue an amended EHC plan, does the next review take place a year after the last annual review, or a year after the SEND Tribunal order? Expand The law says the annual review must take place within 12 months of the last review, or of the date the EHC plan was first issued. An amended plan being issued following a SEND Tribunal decision does not restart the clock. This can sometimes mean the annual review is required to take place shortly after a Tribunal decision. However, if your LA proposes to make any changes from what the Tribunal ordered, this must be backed up by new evidence and it should not remove provision ordered by the Tribunal simply because your LA disagrees with it.
How do I book an IPSEA Training day? Expand Please choose which category your group or organisation falls under (we price our training days dependent on group/organisation/charitable status) 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. Payment is via invoice which will be raised once we receive your booking form. Our training team will process your booking and confirm your chosen date as soon as possible (usually within three days).
What is IPSEA’s process once I’ve submitted my booking form? If you have given date(s) for your training, we will try our best to accommodate date(s) based on the availability of our trainers. Expand Once your training day details are agreed, we will send you a confirmation email. and an invoice will be sent from our Finance team. Our terms state that payment should be made within 30 days. On payment, we will email your slides for the day and confirm all the final training day details. If you have any further queries, you can email [email protected] and we’ll be happy to help.
What courses do you run? Expand We run a variety of courses dependent on the organisation type. These have been created by our expert Legal Team and are generally one day’s training with a set agenda. You can find out the courses available to you on this page of our website (simply select your organisation type).
Do you have terms and conditions for your training days? Expand Yes, you can view a copy on our website. As part of the booking process, you must acknowledge you have read and understood the terms and conditions. If you have any questions, please contact our training team.
I work for a local authority, why can’t I book Level 1, 2 or 3 face to face training? Expand Our Levels 1, 2 and 3 are not appropriate for those such as local authority staff who may be responding to the rights of a parent or young person. Our Local Authorities SEND Law one day training has been developed specifically for local authority staff.
Does your training run to set agendas? Expand Yes, our training days are run to set agendas which have been devised to accommodate any parental responsibilities (such as school runs) or around the content for breaks after key sessions. We can sometimes amend training day timings, but this is on an ad-hoc basis, usually to adjust start /end times, which is totally dependent on the travel times for your trainer on the day. If you have any questions, please contact our training team to discuss.
How many people can you train at a time? Expand We generally suggest 25-30 is a good number for any group as this enables the trainer to answer any questions that may arise during the day. We can train larger groups but please be aware this may mean that not all questions are answered during a training day due to time constraints. Please note there may be a cost for larger groups.
Do you offer bespoke training? Expand Yes, we can create a bespoke piece of training for your group. This will be totally bespoke, with presentation materials for your group and will cover the subjects and themes you specific on SEN Law. You can make a booking on this page of our website. On receipt of this form, our management team will look through your proposal and we will get back to you with a costing.
Do you have terms and conditions for your training days? Yes, you can view a copy on our website. Expand You can download our terms and conditions here. As part of the booking process, you must acknowledge you have read and understood the terms and conditions. If you have any particular questions, please contact our training team.
I work for a local authority, why can’t I book Level 1, 2 or 3 face to face training? Our Levels 1, 2 and 3 are not appropriate for those such as local authority staff who may be responding to the rights of a parent or young person. Expand Our Send Law for Local Authorities training has been developed specifically for local authority staff. We also offer a SEND Decision Making and the Law training, along with Tribunal training.
Does your training run to set agendas? Yes, our standard training days are run to set content and timed agendas. Expand These agendas have been devised to: Cover key subject areas which give clear guidance on the key elements of SEN Law Accommodate any parental/organisational responsibilities (such as school runs) or for breaks after key sessions.
Do you offer bespoke training? Yes, we can create a bespoke piece of training for your group. Expand This will be totally tailored and will cover the subjects and themes you specify on Special Educational Needs and Disabilities (SEND) Law, along with presentation materials for your group. You can make a booking on this page of our website. To enquire about bespoke training please fill in the form that's linked on the page above. On receipt of this form, our management team will look through your proposal and we will get back to you with a costing within seven days.
What training days do you offer? We run a variety of courses. These have been created by our expert Legal Team and are generally one day’s training with a set agenda. Expand You can find out the courses available to you on this page of our website (simply select your organisation type). We also offer bespoke courses which can be tailored to the requirements of your organisation.
When will I receive my joining instructions? We send our joining instructions one week in advance to ensure you have the most up to date presentations and all the relevant venue information. Expand
How long are the training days? These are generally run from 10am until 3.30pm to make them as parent-friendly as possible. Expand Timings are publicised on the individual event page on our website.
Would you consider coming to my area? If you feel there would be an audience of around 30 who would attend one of our training days in your area, please contact us at [email protected]. Expand
Will you be coming to my area? We run a programme of events across England and try to visit most regions/areas as often as we can. Expand Recent cities/towns visited include: Exeter Plymouth Southampton Brighton Bristol Reading London Cambridge Norwich Birmingham Derby Nottingham Manchester Liverpool You can see a list of upcoming training events on our website, but if we’re not coming to your area, please keep an eye on this page or sign up for our newsletter (at the bottom of every page of our website).
Why do you run IPSEA parent training days? Part of our charitable remit is to train parents in the law. Expand Along with our online training, which is open to parents, we also run one-day training sessions on various subjects for parents and carers. You can find out more about the sessions we run on our website and see a list of upcoming training events for the next few months.
What are your Legal updates? If you want to keep up to date with all the news in the SEND field, you can subscribe to IPSEA's legal updates as part of your online training. Expand Our termly updates cover the law relating to the education and training of children and young people with SEND. They are sent out to your email and cost £29 per annum. You can choose to buy these along with your training as part of your purchase.
Do you circulate the answers for online training? Because our training brings in a significant amount of funds to IPSEA as a charity and goes towards funding out helpline and tribunal support service, we’re unable to circulate the answers for our training. Expand
Is there a guide on using the online training platform? Yes, as part of your enrolment, you will be enrolled on our quick guide to using our training portal. Expand This takes about ten minutes to complete, and we’d recommend all learners undertake this guide to get the most out of your training.
How long do I have to complete my online training? You have six months to complete your training from the day you enrol (18 months if you have purchased out combined training of Levels 1-3). Expand At the end of this period, if you feel you need more time to complete the course, please email [email protected] for an extension.
I have forgotten my password on the portal, how do I retrieve it? Retrieval details are listed below (click the arrow button on the right to expand). Expand If you go to the homepage of the portal, please go to https://ipseatraining.learnupon.com/ and click the sign-in button on the top right and click the Forgot your password link. This will send a reset email to the address you registered with and you can reset your password to something more memorable (please check your spam folder as sometimes email clients mark these as spam). If you have any problems with the process, please contact [email protected] and we should be able to help.
Is there any support during my online training? Technical support is provided during your training by an in app messaging service, or via the email [email protected] Expand
Can I go straight in at a higher level? We’d suggest that if you feel fully confident in the subjects covered in a lower level, you can begin your training at a higher level. Expand
What subjects will I cover during my online training? We have a list of subjects covered in our online training which you may find useful below (click the arrow to the right to expand). Expand You can download a list of the subjects covered in our online training on our website.
Will I receive a certificate? On successfully completing the training and achieving a pass mark of 75% or over, you will automatically receive a downloadable certificate via your account on our training portal. Expand
I’ve not achieved 75% on a module, what can I do? You have two attempts on each module and the platform takes your higher attempt to go towards your final score. Expand The final pass mark is a cumulative mark, meaning you can fail one or more modules and still be able to pass your training if your final score is 75% or over when all modules are added.
What’s the pass mark? The pass mark for all our training courses is 75% overall, meaning you can fail one or more modules and still pass the course. Expand The platform takes score from each module and calculates them at the end of your training, but you can get an idea of your pass mark for each module as you work your way through.
Is your training accredited? Our training isn’t accredited but can count towards your CPD as an e-learning program. Expand IPSEA SEND Law training is recognised as the market leader and we train many organisations across England.
Can I pay for my online training via invoice? If you would like an invoice for your online training, please contact our training team . Expand Contact us with the following details and we will email you an invoice: Your name Organisation Email Learner’s name Learner’s email Your organisation’s address Access to the training is only granted after payment or the receipt of a remittance from your finance department.
How do I book IPSEA online training? You'll need to indicate which category your organisation falls into. Expand Visit this page of our website and select your organisation's category. Choose the course you would like from those available and click the purchase button. This will take you through to our online learning platform (LearnUpon) where you can pay by credit card or Paypal.
We have been told that LAs are not allowed to fund special school places for young people aged 19 or over. Is this correct? IPSEA does not believe this is correct; however, your local authority is likely to be basing their position on a piece of government guidance. Expand IPSEA does not believe this is correct; however, your local authority is likely to be basing their position on a piece of government guidance, which we do not believe accurately reflects the law. We have prepared a detailed briefing explaining why we believe the guidance is incorrect. If a school is not registered for students aged 19 or over, it will need to apply to the Department for Education either to extend its registration, or for individual permission for the student in question.
Transport advice Expand IPSEA - https://www.ipsea.org.uk/pages/category/transport-to-school-or-college Special Educational Needs Transport Advocacy Service (SENTAS) - http://sentas.co.uk/
Academies Expand An academy is funded directly by the Secretary of State for Education. They are state-funded independent schools and therefore have more control over how they do things than maintained schools. For example, academies do not have to follow the national curriculum and can set their own term times. Academies do have to follow the same rules on admissions, special educational needs and exclusions as maintained schools, and students sit the same exams. Academies include: all academies. This includes academy special schools, alternative provision academies, and academy boarding schools free schools. These are funded by the Secretary of State for Education but are not run by the local authority. They have more control over how they do things. They are ‘all-ability’ schools, so cannot use academic selection processes like a grammar school. Free schools can change the length of school terms and the school day. They do not have to follow the national curriculum. Free schools are run on a not-for-profit basis and can be set up by groups like: charities, universities, independent schools, community and faith groups, teachers, parents and businesses university technical college schools. These teach specialist subjects like engineering and construction along with business skills and IT. Pupils study academic and practical subjects leading to technical qualifications, and are provided with work experience, and studio schools. These small schools teach mainstream qualifications through project-based learning. Students work with local employers and a personal coach, following a curriculum designed to give them the skills and qualifications they need in further education or work. You can check the status of a setting online to see if it is an academy.
Access arrangements Expand Pupils who have learning difficulties and disabilities may be able to get help in public examinations. This can include, for example, extra time or having a computer or a person to read or write for the pupil (except for exams that specifically test these skills). There is a range of other possible arrangements for pupils with visual or hearing impairments, or other difficulties. You can find out more on this on our webpage.
Annual review Expand This is a review of an education, health and care (EHC) plan. The process is set out in law, and local authorities (LAs) must follow it. It involves: getting up-to-date information about the child or the young person, sending out this information before a review meeting, with an invitation to attend, holding a review meeting to consider what: progress the child or young person has made towards achieving the outcomes specified in the EHC plan, and if they are in year 9 or above, what provision is needed to help them prepare for adulthood and independent living. a report saying what changes might be required to the EHC plan (and any differences of opinion), and notice of a decision from the LA. The LA must say whether it will: maintain the EHC plan as it is, maintain the EHC plan with changes to it (and what these are), or stop maintaining the EHC plan (following consultation). Each of these decisions can be appealed in the SEND Tribunal. You can find out more about annual reviews on our website.
Children and Families Act (CFA) 2014 Expand This is one of the main sources of law we refer to on our website. It sets out many of the legal protections and rights for children and young people with special educational needs and includes important information, including: special educational needs and provision definitions when local authorities (LAs) must carry out EHC needs assessments and issue EHC plans when EHC plans must be reviewed your right to request a particular placement in an EHC plan important mediation and appeal rights, and the duty on certain settings to support those with medical needs. The SEND Regulations 2014 sit underneath this Act and tell LAs and settings what they need to do to comply with the law. All the duties contained in this Act must be complied with – it is the law. If your LA or school is not following it, you can contact us for support.
Compulsory school age Expand The Children and Families Act 2014 sets out many of the legal protections and rights for children and young people with SEND. Some of these rights relate to those below, at, or over compulsory school age. Children must start full-time education once they reach compulsory school age. This is on 31 December, 31 March or 31 August following their fifth birthday - whichever comes first. If their fifth birthday is on one of those dates then they reach compulsory school age on that date. For example, if your child turns 5 on 10 February 2024 they will reach compulsory school age on 31 March 2024, and they must start full-time education at the beginning of the next term (summer term 2024). Compulsory school age ends on the last Friday in June which falls in the academic year in which they turn 16. For example, for a child born on 23 September 2007 compulsory school age will end on 28 June 2024. However, young people are expected to remain in education or training until they are 18 and you can find out more information on this online.
Direct payments Expand Parents and young people can, at the same time as requesting a personal budget from the local authority (LA), ask the LA to say which parts of the personal budget could be received as a direct payment. A direct payment is an actual amount of money that a parent or young person would receive to arrange and pay for the special educational provision in the education, health and care (EHC) plan. You can find out more about direct payments on our website.
Disability Expand This is a legally defined term and is part of one of the elements to the definition of special educational needs. Someone has a disability if they have a: physical or mental impairment which has a substantial (more than minor or trivial) and long-term (lasting more than one year or likely to last more than one year) adverse effect on their ability to carry out day-to-day activities. This is a wide definition, and can cover physical or mental health problems, as well as conditions such as dyslexia or autism. You are also covered by the Equality Act 2010 if you had a disability in the past. For example, if you had a mental health condition in the past which lasted for over 12 months, but you have now recovered, you are still protected from discrimination because of that disability. Some conditions are automatically counted as disabilities, and these are: being certified blind or partially sighted, having a severe disfigurement, cancer, HIV infection, or, multiple sclerosis. A disabled child or young person may also have special educational needs but not automatically. If they do not meet the definition for having special educational needs, they will still be considered disabled under the Equality Act 2010. Education settings and local authorities will have duties not to discriminate against them. It may also be that a child or young person with special educational needs might be disabled, but not automatically. This will depend on them meeting the definition of disability set out above. If they are not considered disabled, they will still have special educational needs, and the Children and Families Act 2014 will apply to them.
Disability discrimination Expand Early years settings, schools, colleges and local authorities must make sure that they: do not treat disabled children and young people less well, or badly, because of their disability, and change what they do (or were planning to do) to make sure a disabled child or young person is not disadvantaged. The type of changes they have to make are called reasonable adjustments. What is reasonable for them to do will depend on the facts. If you feel any of these duties may have been broken, you can make a disability discrimination claim about it in: the SEND Tribunal: if it relates to any type of school or a maintained nursery, or the County Court: if it relates to a private nursery, a further education college or a local authority. You can find out more about disability discrimination on our website.
Education otherwise than at/in a school (EOTAS) Expand For some children and young people, education in any setting would be inappropriate due to their special educational needs. This is often referred to education otherwise than in a school, but includes early years and post 16 settings as well. If the local authority (LA) agrees it would be inappropriate for any required special educational provision to be delivered in a school, it can agree to arrange for it to be delivered somewhere else, for example at home. The LA must arrange and pay for that provision. EOTAS is different to elective home education. With an EOTAS package the LA is responsible for arranging and paying for the provision. If you choose to home educate your child, the LA is not responsible for meeting any of the costs or providing any support. You can find out more about EOTAS on our website.
EHC needs assessment Expand This is an investigation into a child or young person’s educational, health care and social care needs by a local authority (LA). As parents, you can ask your LA to carry out an education, health and care (EHC) needs assessment for your child at any time. Your child’s school can also make this request. Your LA must agree to this request if: your child has or may have special educational needs; and they may need special educational provision to be made through an EHC plan. If your LA agrees to carry out the EHC needs assessment, it must follow a legal process and: find out from a range of people what: educational, health and social care needs your child has, help is required to meet those needs, and outcomes are expected to be achieved by your child as a result of receiving that help. decide whether it will issue an EHC plan for your child based on the EHC needs assessment evidence. Your LA must tell you whether or not it will issue an EHC plan for your child within a maximum of 16 weeks from the request for assessment. issue an EHC plan if it is necessary for special educational provision for your child to be made via an EHC plan. Your LA must issue a final EHC plan no later than 20 weeks from the request for assessment. Young people, you are also able to make these requests for yourself, although college can ask on your behalf. Your parents can help you with your request if you would like them to as well. The process your LA would need to follow is exactly the same as above, except your LA would be finding out your needs and what support you might need. Your LA would also send any decisions, draft EHC plans and a final EHC plan to you, not your parents (although your LA can, if you ask it to). You can find out more about EHC needs assessments on our website.
EHC plan Expand This is a plan setting out your child’s, or (if you’re a young person) your own, education, health care and social care needs. It is a legal document which you can rely on and enforce. By law it must contain certain information including: what special educational needs your child has (or if you’re a young person, you have) what help is required to meet these challenges, and what setting (or type of setting) your child is, or you as a young person are, to attend (unless education otherwise than at/in a school applies). You can find a list of all the information an EHC plan must contain in our EHC plan checklist. If you are unhappy with the contents of an EHC plan, you can ask for it to be changed at the next annual review, during mediation or by appealing it in the SEND Tribunal (if it has recently been issued). You can find out more about EHC plans on our website.
Elective home education Expand As a parent, you are responsible for making sure your child is educated, either at school or otherwise. You can choose to home educate your child. This means that you are responsible for giving your child a suitable education. This is called elective home education (EHE). If your child does not have an education, health and care (EHC) plan, you do not need permission from the school or the local authority (LA) to home educate your child and remove them from school. If your child does have an EHC plan, you can choose to home educate them but: your LA does not have to provide any special educational provision set out in the EHC plan, and if they currently go to a special school, you will need your LA’s agreement to take your child off the school roll. You can find out more about elective home education on our website.
Exclusion Expand A head teacher or principal can exclude your child (or if you’re a young person, you) from school for disciplinary reasons. There are two lawful types of exclusion: permanent exclusion, or for a fixed-period, which is called a “suspension”. The law and the statutory guidance about exclusions relates to children and young people who are attending: a maintained school, an academy, a pupil referral unit, or a school sixth form, and there are certain steps the setting must follow when excluding your child (or a young person) from these settings. What steps it needs to take depends on the length of the exclusion. If a child or young person attends a: sixth form college further education college non-maintained special school section 41 school, or, an independent school or college, they can be excluded in accordance with the setting’s exclusion policies. You can find out more information about exclusion from these types of setting on our website. You can find out more about exclusions in general on our website too.
Health care Expand Many children and young people have health care needs. If you require support from the health service (including Child and Adolescent Mental Health Services (CAMHS)), the starting point is likely to be a referral from your GP or (in some cases) from your child’s school or a young person’s college. You can find out more about how health care support can be part of an education, health and care plan on our website.
Independent schools (excluding academies) Expand These fee-paying schools are not controlled by a local authority or the Secretary of State for Education and are often called ‘private’ schools. They are mostly controlled by charities but there are some private owners. They include prep schools, public schools, and private nurseries. In law, these independent schools are neither special nor mainstream, but all simply “independent”. Some independent schools are section 41 schools. This means parents or young people have a right to request this type of school is named in an EHC plan in the same way they can request a maintained school. You can check to see if a school is an independent setting online.
Institutions in the further education sector Expand Not all post 16 settings need to have regard to the SEND Code of Practice (the Code) or have the same duties under the Children and Families Act (CFA) 2014. The key duties related to special educational needs under the CFA 2014 and the Code only apply to section 41 approved post-16 institutions and institutions within the further education sector. An institution is within the further education sector if it is: a further education college a ‘designated institution’, or a sixth form college. You can check the type of post 16 settings online.
Integrated Care Board (ICB) Expand Integrated care boards (ICBs) replaced clinical commissioning groups (CCGs) in the NHS in England in July 2022. There are 42 ICBs in England. An ICB is a statutory body which is responsible for: developing a plan for meeting the health needs of the local population managing the NHS budget, and arranging for health services to be provided in its geographical area. If your child has an EHC plan, in most cases your ICB will be responsible for making sure they receive any health provision set out within it. If you are a young person, the same applies to any health provision in your EHC plan.
Judicial review Expand This is a legal process in which a court will look at how a public body acted or made a decision, and say whether it did so in a lawful, fair and reasonable way. This process is used when there is no other way of resolving the matter. Professional legal help should be obtained when applying for judicial review. The application for it must be made as soon as possible and within three months maximum from the date of the matter being complained of happening. There are two key stages to the process: a formal pre-action letter is sent, explaining the issue and giving the public body time to fix the problem, and a review by the court of how the public body acted or came to a decision, and whether it acted in a lawful, fair and reasonable way. If the public body did not act in a lawful, fair and reasonable way, the court can require it to do (or stop doing something) to address this. You can find out more about judicial review on our website.
Learning difficulty Expand This is a legally defined term. It is part of the first section to the definition of special educational needs (SEN). When we think about who might have a learning difficulty, we also need to think about their age: A child of compulsory school age or a young person has a learning difficulty if they have significantly greater difficulty in learning compared to the majority of others of the same age. A child under compulsory school age has a learning difficulty if they are likely to have significantly greater difficulty in learning than the majority of others of the same age when they reach compulsory school age (or it would be likely when they reach compulsory school age, if no special educational provision were made for them). You can find out more about special educational needs on our website.
Local Government and Social Care Ombudsman (LGSCO) Expand The LGSCO can investigate complaints about local authorities, adult social care providers and some other public service organisations. It will look into situations where: the processes which should have been followed were not, or were carried out poorly, and injustice was caused as a result. It is independent and free to use. If the LGSCO decides to investigate, it looks at how decisions were made and can recommend how to put things right. You can find out more about the LGSCO, including how to make a complaint to it, on our website.
Mainstream nursery, school or college Expand A mainstream setting is one that: is not specially organised to make special educational provision for pupils with special educational needs, and is maintained or is an Academy.
Maintained nursery, school or college Expand Maintained nurseries, schools or colleges are controlled and funded by local authorities, and include: mainstream schools (including mainstream community schools, voluntary-aided, trust, foundation, or grammar schools), nurseries (free-standing or part of a community primary school), special schools, and alternative provision (including pupil referral units). You can get information on a nursery, school and college online.
Mediation Expand This is a free way to resolve a dispute without going to court or to the SEND Tribunal. An independent person, called the mediator, helps those taking part (the parties) discuss what the problems are and see how they can be resolved. You can mediate on educational, health and/or social care issues. If agreement is reached, you should make sure what has been agreed (including any timescales) is written down. This is called a mediation agreement and this agreement forms a contract between the parties, so must be followed. You have a right to try mediation whenever: a decision is made which you could appeal to the SEND Tribunal, including if you only disagree with the name or type of setting, or the fact no setting or type has been named in section I of an EHC plan, or an EHC plan is made, amended or replaced. You can find out more about mediation on our website.
Monitoring Officer Expand Each local authority (LA) should have a Monitoring Officer. They are usually a senior person in the organisation. This person is legally responsible for making sure high standards of office are promoted and maintained. Part of the Monitoring Officer’s job is to write a report: if they think the LA has acted (or appears to have acted) illegally, or is at risk of not following the law, and on any maladministration or injustice where the LGSCO has carried out an investigation. You can find details of your LA’s Monitoring Officer if you type the name of your LA and the words “Monitoring Officer” into an internet search engine.
Parent Expand In education law, the term “parent” includes: people with parental responsibility of a child or young person, as well as people who have care of a child or young person (for example, a grandparent who a child lives with or a foster carer). This is what “parent” means in the law and guidance about special educational needs including the Children and Families Act 2014, The SEND Regulations 2014 and the SEND Code of Practice 2015.
Personal budgets Expand A personal budget is the estimated amount of money that would be needed to cover the cost of making the special educational provision in section F of an education, health and care (EHC) plan. A personal budget is different to a direct payment. The local authority (LA) must consider identifying a personal budget for educational provision if you, as a parent or young person, asks for this when the LA: sends a draft EHC plan following an EHC needs assessment, or reviews an EHC plan. You can find out more about personal budgets on our website.
School anxiety Expand Some school-aged children are too anxious to go to school – very often related to their special educational needs. This is also sometimes known as 'school refusal'. There are lots of steps a parent, carer or young person can take in this situation and you can find more information on these on our website.
Section 41 schools/colleges Expand These settings are not controlled by a local authority (LA) or the Secretary of State for Education. These are independent special schools/colleges which have been approved by the Secretary of State under section 41 of the Children and Families Act 2014. This means that they are settings which a parent or young person can request to be named in an education, health and care (EHC) plan and if so, the LA must name unless one of three limited exceptions apply. You can check to see if a school/ college has section 41 status online.
SEN Support Expand Mainstream nurseries, schools and colleges must support all those with special educational needs (SEN) through SEN Support. This includes: Recording for every child or young person, their SEN, what outcomes it expects the child or young person to achieve, and what provision is being put in place to reach those outcomes. Doing everything that could reasonably be expected of it to meet a child or young person’s SEN (called the "best endeavours" duty). Requesting an EHC needs assessment if it cannot meet a child or young person’s needs. If a child or young person has an EHC plan, doing its best to deliver the special educational provision specified in Section F. If it cannot, the local authority must provide the resources to do so. In addition, for example: Nurseries – must involve parents with decisions around special educational provision. Schools – should meet with parents at least three times a year to discuss the pupil’s SEN and progress record. Colleges – should involve the student and (particularly if aged 16-18) their parents in decisions around the support they receive for their SEN. You can find out more about SEN Support on our website.
SEND Code of Practice (the Code) Expand The Special educational needs and disability code of practice 2015 is important statutory guidance. It tells us lots of the practical steps and things that should be considered when decisions and actions are made and taken in relation to children and young people with special educational needs. If the Code says something must be done, then it is referring to a legal duty that must be complied with. If it says something should be done, then this means the guidance should be followed unless there is a good reason not to. The organisations and bodies who need to consider the SEND Code of Practice are: local authorities (LAs) the governing bodies of schools the governing bodies of institutions in the further education sector the proprietors of academies the management committees of pupil referral units section 41 schools and colleges all early years providers in the maintained, private, voluntary and independent sectors providing free education and childcare places the NHS and Integrated Care Board Youth offending teams and relevant youth accommodation, and the SEND Tribunal
SEND Regulations 2014 Expand The Special Educational Needs and Disability Regulations 2014 sit underneath the Children and Families Act (CFA) 2014. They set out lots of the detail as to how duties in the CFA 2014 should be carried out. For example, they set out how: EHC needs assessments must be carried out an EHC plan is prepared, what it must contain and when it must be finalised by EHC plans must be reviewed and changed EHC plans may be stopped, mediation takes place, and deadlines that apply at the end of SEND Tribunal appeals The SEND Regulations 2014 are law. If they are not being followed, you can contact us for support.
SEND Tribunal Expand This is an independent national tribunal. Its full name is the First-tier Tribunal (Special Educational Needs and Disability). It decides: appeals against local authority (LA) decisions about the special educational needs of children and young people, and claims of disability discrimination against schools. The SEND Tribunal will look at all the evidence it receives, and make a decision based on the law. There are no fees for making an appeal or a claim, and you may be eligible for legal aid to provide legal help in preparing your case. The SEND Tribunal can make orders relating to special educational needs and (if asked to do so) non-binding health and social care recommendations. You can find out more about the SEND Tribunal on our website.
Social care Expand Social services can provide a wide range of support such as practical assistance in the home, respite care and short breaks, home adaptations, travel and other assistance. To get support from social care, they need to carry out an assessment. You can ask the local authority to assess your child or young person’s social care needs, and any needs you may have as their parent/carer. You can find out more about social care on our website.
Special educational needs (SEN) Expand Special educational needs (known as SEN) are those needs or challenges that affect a child or young person’s ability to learn. There might be lots of ways those needs can affect learning. SEN is a legally defined term. Meeting the definition of having SEN, or where there is evidence a child or young person may have SEN, opens up legal rights and protections under SEN law. When looking at whether a child or young person has (or may have) SEN, we need to ask two questions. If both are answered “yes”, then the child or young person is defined in law as having SEN. Does the child or young person have at least one of the following: a learning difficulty, and/or a disability and: this disability makes it difficult for them to use the facilities normally provided for others of the same age in mainstream school or college, or for those under compulsory school age, such an effect is likely when they reach that age, or would be likely if no special educational provision is made for them? If no, they do not have SEN. If yes, next we ask: Does that learning difficulty or disability require special educational provision to be put in place? If no, they do not have SEN. If yes, they do have SEN. You can find out more about SEN on our website.
Special educational provision Expand This is a legally defined term and is the second part of the definition of special educational needs. Special educational provision is: for those aged 2 or more years old: any educational or trainingprovision that is in addition to, or different from, that generally available for other children or young people of the same age (for example, one-to-one support) for children under two years old: any educational provision, and for all children and young people: any health care or social care provision which educates or trains the child or young person (for example, speech and language therapy, or other provision made by health or social care which teaches a child or young person how to do something). You can find out more about special educational provision on our website.
Statutory walking distance Expand Some children are eligible for transport to their school because they live beyond the statutory walking distance to their school. The statutory walking distance is: two miles for children under eight, and three miles for those eight and over. These distances are each way. We have more information on this and transport on our website (including about how different distances can apply when a child is eligible for transport because they are from a low income family).
Transport Expand Local authorities must arrange home to school transport for those children and young people who meet the criteria for it. This criteria depends on their age and you can find out more on home to school transport on our website.
Ward Councillor Expand Each local authority is separated out into different areas (known as wards). Each ward has elected Ward Councillors. They help resolve local issues, by representing the interests of everyone in the ward and being a voice for the community in the council. You can find details of your Ward Councillor online.
Young person Expand The Children and Families Act (CFA) 2014 sets out many of the legal protections and rights for children and young people with SEN. Under the CFA you are a young person if you are: over compulsory school age, and under 25. Compulsory school age ends on the last Friday in June which falls in the academic year in which you turn (or turned) 16 – usually at the end of Year 11. For example, if you were born on 23 September 2007, compulsory school age will end on 28 June 2024. However, as a young person, you are expected to remain in education or training until you are 18. Once compulsory school age ends, the rights and protections in the CFA 2014 belong to you and can be enforced by you, rather than your parents (who can support you if you like). You can find out more about the rights of young people, and how you can be supported, on our website.
My son has an EHC plan and is in a school year group below other children his age. Will the local authority expect him to move to secondary school with children his age or can he stay in his current year group and start secondary school a year later? Expand Case law has confirmed that being educated in a different year group to children of the same age can be special educational provision. This means: The special educational needs which mean that your child needs to be educated in a different year group should be described in section B of his EHC plan. Placement outside his normal year group should be set out in section F of his EHC plan. While it is, your local authority (LA) has to make sure it continues. This is because it has a duty to make sure your son receives the special educational provision in his EHC plan. If sections B and F of your son’s EHC plan include this, your LA should not try to remove it if there isn’t any evidence which shows he doesn’t need to be in the year below anymore. If sections B and F of your son’s EHC plan do not include this, ask your LA to update his plan so that they do. You could ask your LA to do this during the annual review of your son’s EHC plan. When a child with an EHC plan will be moving from primary to secondary school in the next 12 months, the LA must review and change their plan to include the name and type of the secondary school they will go to (or just the type if a particular school cannot be identified). The process your LA must follow is set out in law and includes your rights to ask for changes to his plan and for the secondary school you would like him to go to. Schools are registered to teach pupils in certain age ranges. You can find out a school’s age range online. You should check this for your son’s current school and the secondary school you would like him to go to. If your son will no longer be within the primary school’s age range, the school can apply to the Department for Education to either extend its registered age group or get individual permission to teach your son. If it looks like this might be necessary, we suggest you talk to the school about this as soon as possible.
Can provision be extended in a school setting for those aged 19 and over? Expand Where a local authority (LA) decides that a young person would be best served by remaining in a school setting after they have turned 19 years of age, it can apply for a relaxation of the normal rules via the Education and Skills Funding Agency. Approval must be given by the Secretary of State to allow a young person aged 19 or over to remain at a school. The government states that this may be necessary in “exceptional circumstances”. However, we have been advised previously that the process can be relatively straightforward and LAs may want to consider whether such application is necessary in light of individual students’ circumstances. Remember that considerations for children and young people with SEND include whether they may need more time to complete their studies.
If a child/young person with SEND missed education due to Covid, what provision will school/college make to help them catch up? Expand This is going to be something to discuss with the school. We expect most settings will have reviewed their students following their return to school to try to identify gaps in learning and barriers to learning arising from their prolonged periods of absence.
What is the National Tutoring Programme and how can my child access this? Expand This is a programme available to state (that means maintained and Academy) schools. Your child’s school is the first point of contact for any information about how they are using this programme and what support your child might receive through it. The academic year 2023/24 is the fourth and final year of the National Tutoring Programme. For children/young people with SEND, if it becomes clear that they will require educational provision which goes beyond what the setting can provide from within its current resources (or through the additional funding the school has been provided with) then it may be necessary to use the Children and Families Act 2014 process to secure additional support. This could include for example, requesting an EHC needs assessment if your child is currently receiving SEN Support, or by seeking changes to an EHC plan which no longer meets need.
I am a young person due to move from secondary school to post-16, but the LA hasn’t issued the amended EHC plan or started the review. What does the LA need to do? Expand Local authorities (LAs) have a legal duty to review and amend an EHC plan when a child or young person transfers from one phase of education to another. For a transfer from secondary school to post-16, the annual review must be completed by 31 March in the year of transfer. The process your LA must follow 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 review 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 placement (or type). The LA must send you details of the changes it plans to make to the EHC plan at the same time. You can use our template letter to make comments on the proposed amendments. You will be able to request the post-16 institution you want to attend. Your LA must agree to your request unless it’s entirely independent/private or one of the exceptions set out in the law applies. Your LA must then 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 31 March, discussions about transfer need to begin once school re-opens after the Christmas break, in the year of the transfer, to allow plenty of time for the review and amendment process to happen. As you are already a young person, it sounds like the LA didn’t do this in time. You can use our template letter to make a complaint and request the review meeting is held without delay. If the LA has not amended your EHC plan to name your post-16 placement by the time you should start, it must still make sure you receive all the special educational provision in your EHC plan. If your LA does not name the place you want in the final EHC plan, you can appeal to the SEND Tribunal.
My local authority says my child’s annual review will be delayed as they are short-staffed and there is a long backlog. Is this allowed? Expand No. Local authorities (LAs) are legally obliged to complete annual reviews within 12 months starting with the date when the EHC plan was first issued, or 12 months from the conclusion of the last annual review. There are no valid legal reasons for delay. LAs are expected to organise themselves so that they can meet legal deadlines, and staff shortages are not an excuse. You can use our template letter to complain. If you feel there is an urgent need to amend the provision or placement in your child’s EHC plan, or your EHC plan if you are a young person, you could ask for an early review. LAs are also required to conduct and conclude annual reviews before a phase transfer by the applicable statutory deadlines. We have another template letter that you can use to complain about a late phase transfer review.
Wales Expand IPSEA does not advise on the law that applies in Wales so please use the links below for some useful resources for those living in Wales. There is a different legal framework for SEN in Wales. You can find out more here New ALN System - Snap Cymru. Under this system Individual Development Plans (IDP) are gradually replacing the current SEN Statement, Individual Education Plan and Learning and Skills Plan. If you move from Wales to England with a statement or IDP there is no duty on your new English LA to assume responsibility for the provision. This means you will need to request an EHC needs assessment, and you will not be able to do that until you have moved. For more information please see: https://contact.org.uk/help-for-families/information-advice-services/education-learning-wales/ https://cerebra.org.uk/tag/wales/ https://cerebra.org.uk/download/education-in-wales-a-guide-for-parents/
We're appealing against the school named in our child’s EHC plan and we’ve been told our child must attend the school that’s named in the plan in the meantime. Is that correct? We want him to stay at his current school until the outcome of the appeal Expand If parents want their child to stay at their existing school pending the outcome of an appeal, this can sometimes be negotiated, however, there is no obligation on the local authority (“LA”) or school to accommodate this kind of arrangement. A child’s name is removed from a school roll when an EHC plan is issued naming another school. When this happens the previous school will not have a duty to admit the child (in other words, let them go there) and the LA will not be required to secure provision at that school. This is because regulation 8(1)(b) of The Education (Pupil Registration) (England) Regulations 2006 (“the Registration Regulations”) states that a pupil’s name can be removed from a school’s admission register when they have been registered as a pupil at another school (unless it is agreed that the pupil should be registered at more than one school). Parents often query whether their child’s name can be added to a school roll without their agreement or without the child having joined the school. It can be. This is because all “pupils” must be on the school’s admission register and Regulation 5(3) of the Registration Regulations says a child counts as a pupil “from the beginning of the first day on which the school has agreed, or has been notified, that the pupil will attend the school.” In the case of a child with an EHC plan, IPSEA’s view is that this would be the point at which the LA issues a plan naming the school. Unfortunately, none of this is affected by a parent appealing to the SEND Tribunal about an EHC plan. If the LA and the child’s previous school (or another school that hasn’t been named in their plan) won’t agree to the child going there during an appeal, the LA will be entitled to expect that the child attends the school named in their EHC plan. They could even take action against the parent if the child does not attend. The only option open to parents in this situation is to inform the LA and the school named in the plan that they are going to temporarily make arrangements for their child’s education at home and request that their child’s name is removed from the school roll pending the outcome of the appeal. If the school named in the plan is a special school, you will need to get the LA's agreement to this. If a parent decides to do this they should make sure the LA is clear that they are only saying they will home educate during the appeal. Some parents will do this to avoid the possibility of the child having to move school multiple times in a short period e.g. from their previous school, to the school in the EHC plan they are appealing then, if the appeal is successful, again to another school. Choosing to home educate, even temporarily, is a big decision, see important information about it here. Please note: If at any point the LA says it will send you an Attendance Order, or your receive one, you should check if you qualify for legal aid and speak to a solicitor who is familiar with education law.
Can I ask for my child to attend school part-time? Expand If your child’s school has told you that your child cannot attend full-time, see out information on informal exclusions. Children without EHC plans Home educated children without EHC plans can receive part of their education at a school if the school agrees. Such arrangements are sometimes known as ‘flexi-schooling’. This is a phrase used in guidance on home education. Schools are under no obligation to agree to such arrangements, but some are happy to do so. When a compulsory school age child is flexi-schooled, the parents must still make sure that the child receives a suitable full-time education. When considering whether the child is receiving a suitable full-time education, the LA must take into account the education they receive at school. Children with EHC plans If the LA thinks it would be inappropriate for a child or young person with an EHC plan to receive some part of their special educational provision in school/college, then they can receive that particular special education provision elsewhere. This means the child or young person would receive part of their education at school/college and part of it as ‘education otherwise’ (also known as ‘EOTAS’). These arrangements should be described in section F of their EHC plan and the school/college named in section I. There is no need for the school to consent to this part-time attendance arrangement because it is special educational provision that the child or young person requires, which is different to a child or young person being educated at home because their parent has chosen to do so.
I home educate my child. Can I make a request for an EHC needs assessment? Expand Yes. Requests for an EHC needs assessment can be made by a child’s parent, by the young person themselves or, if they attend a school or post 16 setting, by a representative from the setting. Children and young people do not need to attend school or a post 16 setting in order to qualify or be eligible for a request to be made. This means that all parents of children are entitled to make a request for an EHC needs assessment, whether their child attends school or not. A parent who home educates their child should send their written request for an EHC needs assessment to their home local authority (“LA”) and can use our template letter, changed to reflect the child’s situation, to help them with this. A young person could use this letter to ask for an EHC needs assessment too. The LA must carry out an EHC needs assessment for a child or young person if they have or may have special education needs, and it may be necessary for special educational provision to be made for them via an EHC plan. This is the only legal test, it applies to all children and young people and does not vary depending on registration with a school.
I think my 10 year old child may require an EOTAS package. What factors will the local authority consider when deciding if special educational provision in a school is inappropriate? Expand A local authority (“LA”) can agree to a parent’s request for EOTAS if the LA thinks that it would be inappropriate for the special educational provision your child requires to be made in any school. Whether or not it will be appropriate for your child’s special educational provision to be made in a school will depend all of your child’s circumstances. These will naturally vary from child to child, but might include things like: your child’s background and medical history, the particular educational needs of your child, the facilities that can be provided by a school, the facilities that could be provided other than in a school, the comparative cost of the possible alternatives the child’s reactions to educational provisions, either at school or elsewhere, your wishes as their parent (these should be considered but the LA can still disagree), and any other particular circumstances that apply to your child.
There are no schools near where we live which can appropriately deliver my child’s special educational provision but there is a school at the other end of the country which could. Does that mean I can’t ask for education otherwise/EOTAS? Expand No. When a local authority (“LA”) makes a decision about EOTAS, it should apply a degree of common sense about it. When deciding if it would be inappropriate for the special educational provision to be made in a school, the LA has to think about if school would ‘not be suitable’ or ‘proper’, taking all the circumstances into account. A school very far away is unlikely to be somewhere a child could reasonably attend or ‘proper’.
It won’t be appropriate for my child’s special educational provision to be made in the school my local authority has said it wants to send her to. Can I ask for education otherwise/EOTAS? Expand If making the provision would be inappropriate at the local authority’s (“LA”) choice of school, could it be appropriate at other schools? If so, and your child could reasonably attend another school, the LA does not have to agree to EOTAS. Whether it’s inappropriate for your child’s special educational provision to be made in any school depends on your child’s specific special educational needs, or maybe the nature of the provision itself. If it would not be appropriate for your child’s provision to be delivered in any school (not just the LA’s choice), the LA can provide EOTAS for your child.