Should families continue with appeals now that the Schools White Paper 'Every child achieving and thriving' has been published? Expand Unless and until new law is made and in force, families should continue to exercise their legal rights. And, more importantly, no body with duties under the current legal framework (for example, the Children and Families Act 2014, the Education Act 1996 and the Equality Act 2010) should stop complying with those duties. All of IPSEA’s pages are up to date and reflect the current law. If you need support, please contact us.
Will the SEND Tribunal still apply the current law to appeals registered now? Expand Unless and until any new legislation comes into force, the current legal framework applies and will be applied by the SEND Tribunal. You can find out more on our appealing to the SEND Tribunal pages.
When might the law change now the Schools White Paper, 'Every child achieving and thriving', has been published? Expand Every new law is subject to scrutiny before coming into force, following a process. At the start of the process, the government will publish a ‘bill’. A bill is a proposed law which is introduced into Parliament. No legal change will take effect until the bill has been debated (which includes considering amendments), approved by each House of Parliament (the Commons and the Lords), and has received Royal Assent. Only then does a bill become law, known as an ‘act’. Even once passed into law, not all acts take immediate effect. Sometimes they do not commence until a later period. We may not see some elements of legislative change until 2030 if recent speculative comments are correct. You can find out more about the legislative process online.
My local authority has said it is keen to adopt SEND reforms early. Can it do this? Expand Your local authority (LA) must continue to act lawfully. All bodies with duties under the Children and Families Act 2014 and The SEND Regulations 2014, Education Act 1996 and Equality Act 2010 for example must make sure their decisions and processes are in line with the legal frameworks. They must not jump the gun and act unlawfully when adopting new processes or policies.
Have any legal tests or thresholds changed following the Schools White Paper? Expand No. The Schools White Paper sets out a series of proposals the Government is considering. It does not change the law. Your local authority (LA), and the SEND Tribunal, must continue to apply the law found in the Children and Families Act 2014, The SEND Regulations 2014, the Education Act 1996 where it applies, and the Equality Act 2010 where relevant. It must also continue to apply case law and have regard to the Code. On appeal, you should continue to show with evidence why the legal test for an EHC needs assessment or for an EHC plan has been met, for example, or why the legal test has not been met in a cease to maintain appeal, for example. You can find more information on appeals on our website.
Can the SEND Tribunal still order a setting to be named in an EHC plan? Expand Yes. The SEND Tribunal on appeal has the power to order a local authority (LA) to name a setting, or type of setting, in an EHC plan. It can also agree that a child or young person should receive their education otherwise than in a nursery, school or college (sometimes called EOTIS, or EOTIC) if it would be inappropriate for their special educational provision to be made in such a setting. You can learn more about how to ask for a particular setting or EOTIS on our website. The Government has proposed in the Schools White Paper that the SEND Tribunal have the power to order an LA to name a school removed. However, that is a proposal, not law, and until the law is changed (if it is) then the SEND Tribunal continues to have this power. You can continue to ask for a particular setting to be named in any appeal involving Section I (placement), and we have information to help you.
Is my local authority’s duty to put in place suitable, alternative education changed by the Schools White Paper? Expand No. Your local authority (LA) still has a legal duty to secure suitable, full-time alternative education for any child of compulsory school age who is not receiving education because: illness is preventing them from being able to attend school they have been permanently excluded from school, or of any other reason, under section 19 of the Education Act 1996. You can find more information on temporary education and a template letter you can use to request it on our website.
I've received my child’s draft EHC plan. Section F (where I expected to see the special educational provision) is vague. My LA says it's fine, as the school will detail the provision in a separate document following the White Paper. Is that right? Expand No. Local authorities (LAs) must follow the law. The Schools White Paper contains proposals which are open to consultation. It does not change the law. EHC plans must specify a range of things, including special educational provision. This is set out in section 37(2) Children and Families Act 2014, regulation 12 of The SEND Regulations 2014 and case law. The law says that provision cannot be left to the school to decide. Please see our What should be in the sections relating to education (Sections B and F) page for more information. You can learn more about an LA’s duty to specify special educational provision on our website. If you are unhappy with how your child’s special educational provision has been specified in the final EHC plan, you can take action.
My local authority says it wants to press ahead with the proposals set out in the Schools White Paper. It has sent to me a list of schools to choose from. Do I have to pick one of these schools? Expand No. The law has not changed. The plans set out in the Schools White Paper are simply proposals. They are not law. Your local authority (LA) must continue to apply the law, including in respect of placement for children and young people with EHC plans. You can read about your rights to request a particular school or other setting to be named in an EHC plan on our website.