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…
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…
In most cases, a Local Authority provides home-to-school transport in respect of the school named in Section I of a child’s EHCP, on the basis that the named school is the nearest appropriate placement. Where transport is provided it must be “suitable” which may require the LA to arrange a taxi and possibly an escort. …
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,…
The general rule is that there should be no order for costs and in the majority of cases, each party is responsible for their own costs in pursuing or defending an appeal. The tribunal will not normally make an order in respect of costs so that parties are not deterred from bringing or defending appeals….
Regulation 18 of the Special Educational Needs and Disability Regulations 2014 (as amended) applies where a child or a young person has an Education, Health and Care Plan and is due to transfer to the next phase of education. In those circumstances the LA must review and, where appropriate, amend the EHCP for that child…
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…
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…
It can be a battle to obtain an Education, Health and Care Plan (EHCP) from the Local Authority. Even when you have obtained an EHCP you may be unhappy with the content of the document such as the description of your child’s needs, the provision to meet them and also the named school. You may…
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…
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