Every Parent needs to know this and more:
We work alongside with parents to ensure that the request for assessment to the final EHC plan all goes smoothly, the draft EHC plan should be issued within 14 weeks from the request for an EHC needs assessment. If the LA do not send you the draft EHC plan within this time frame, we wotk alongside to ensure greater outcomes.
Nonetheless, in view of the current situation Section 42 of the Children and Families Act (CFA) 2014 currently stands, there is a legal duty for local authorities to secure and deliver special educational provision outlined within tour respected EHC Plan.
However, under the Coronavirus Act 2020, the Secretary of State can modify this requirement. Local authorities are able to use ‘reasonable endeavours’ to deliver the provision. The legislation also gives the Secretary of State the power to disapply Section 43 CFA 2014 – which requires a school named in Section I of an EHC plan to admit a child/young person as a pupil.
The duty to undertake annual reviews of EHCP’s under section 44 CFA 2014 may also be put on hold.
As we all are aware this situation is causing panic for parents. Some local authorities think they can simply unlawfully suspend the EHCP process.
Parents must note that schedule 17 of the Act has created power for the Secretary of State to issue a notice disapplying or modifying the existing statutory provisions (listed above) for up to one month at a time, but there can be repeated notices. The current public health crisis will leave no aspects of our lives untouched.
It remains that we are in an unprecedented situation and nobody has direct answers. The reality as we go through the coming weeks and months, is that services may close, 1:1s may need to self-isolate or become unwell.
We strongly advice Parents to pick up the phone and start making calls regarding their related provisions.
What provisions do you have outlined?
Who is willing to deliver sessions via remote access?
(Skype, Zoom or some other means)
- Speech and language therapists
- OT and Physio
- Music Sessions
- 1:1 Sessions
