Model letters

Coronavirus update:

There have been some temporary changes to the law as a result of the coronavirus pandemic. You can find out more in IPSEA's FAQs about how the pandemic affects SEN provision. We have prepared two new model letters to use if you wish to complain about the provision a child or young person has been receiving during the pandemic.

As a result of the changes in the law, the deadlines referred to in the model letters below have been temporarily relaxed. We suggest that you add the following paragraph at the end of any letter you intend to send out (amended as appropriate for the facts of your case):

I understand that a temporary exception to complying with this time limit applies where in a particular case it is not reasonably practicable for you to do so because of a reason relating to the incidence or transmission of coronavirus.  The Department for Education guidance, ‘Education, health and care needs assessments and plans: guidance on temporary legislative changes relating to coronavirus (COVID-19)’, confirms that this exception may apply “in a particular case” not all cases. I am not aware of why you could not comply with the ordinary timescale in my child’s case and therefore believe this exception does not apply. Where you can show that this exception is applicable, you must comply as soon as reasonably practicable. In accordance with paragraph 9.43 of the Code of Practice, delays should be kept to a minimum. 

Please note this does not apply if the deadline the LA has missed was before 1 May 2020. LAs can only rely on the coronavirus amendments if the deadline fell after this date.