Author Archives for Imelda Brennan

Who can attend mediation?

The Special Educational Needs and Disability Regulations 2014, regulation 38(1) provides that:- ‘The following persons may attend the mediation – the parties to the mediation; any advocate or other supporter that the child’s parent or the young person wishes to attend the mediation; … (e) any other person, with the consent of all of the parties…

Read more

Can a health need give rise to a right of appeal?

No. A parent or young person’s right of appeal is always exercised by challenging the educational aspects of an EHC Plan.  Once the right of appeal has been established it is possible to pursue an extended appeal and to ask the Tribunal to make recommendations regarding the Health and Social Care needs and provision sections…

Read more

How long can the local authority take to decide what action it will take after the Annual Review of an Education, Health and Care Plan?

The LA must decide and notify a parent or a young person, within 4 weeks of the Annual Review meeting whether it proposes to: a)            continue to maintain the EHC Plan as currently worded; b)            amend the EHCP; or c)            cease to maintain the EHC Plan [The Special Educational Needs and Disability Regulations 2014,…

Read more

Annual Review of an Education, Health and Care Plan

Once a Local Authority issues an Education, Health and Care Plan for a child or young person the LA must maintain it and also secure the Special Educational Provision specified in the EHCP for the child or young person. Section 44 (1) of the Children and Families Act 2014 states that a Local Authority must…

Read more

SEND Tribunal: The National Trial

The National Trial began on 3rd April 2018 and extended the powers of the Special Educational Needs and Disability Tribunal under The Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017. Previously the Tribunal could only order amendments to Sections B, F and I of a child or young person’s EHCP.  From April…

Read more

Coronavirus and changes in SEN Legislation

Many parents, carers and support groups were concerned earlier this year when, on 1 May 2020 some aspects of the Law relating to Education, Health and Care (EHC) needs assessments and EHC Plans changed temporarily to give local authorities, health commissioning bodies, education settings and other bodies who contribute to these processes more flexibility in…

Read more

To contact us please call 0800 158 4147 or 03330 145451 or email info@tayntons.co.uk

Contact us
  • Call us

  • Make an enquiry