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Useful case law update

EC v North East Lincolnshire Local Authority [2015] UKUT 0648 (AAC)

This decision was about Statements of SEN but also applies to EHC Plans, it was stated that “A SEN Tribunal should not rubber stamp a Statement (of SEN) that is inadequate. The statement that was accepted in this case was vague on the ‘who, what, when and how long’ details that are meant to spell out the LA’s duties to the statemented pupil”. This means a statement or an EHC Plan should have quantification, how much, and specific, precise provision.

Buckinghamshire County Council v cc [2016] UKUK 0254 (AAC)

This decision states that it is not necessary to be working towards qualifications for the provision to be seen as education in an Education Health Care Plan. This is particularly important for young people who will be looking for 5 day provision to meet their particular needs.

David Wolfe, from Matrix chambers has produced a very useful document which he has called A Noddy Guide to Statements of SEN and EHC Plans. You can download this on the below website.

www.landmarkchambers.co.uk


Transitions

The summer term is a really busy and important time to prepare children and young people for the next stage of their education. This ‘moving on’ to the next stage is called transition. However there are many types of transition, it could be moving from one school to another, from one class to another, between class and playtime, from home to school etc.

For many children with SEN, particularly those with ASD/ADHD, transitions need to be carefully planned for, so that the move between places/situations can be successful.

Planning for transitions will be different depending on the situation the child or young person is facing but one of the main things to do is to talk to the relevant people early and make a plan.

One page profiles about the child or young person (yp) can be very useful to help in a transition and is a great way to get the child/young person involved in the process. Please see the website below.

Below you will find some useful websites which have detailed information on how to plan for transitions.

If you need further help with this process please call and speak with one of our advisors who will be pleased to help you.

Transition from Statement to Education and Health Care Plan (EHC Plan)

Children and young people with statements are gradually being transitioned to ECH plans. All of these should be completed by April 2018. This transition process must include a full needs assessment, which is collecting evidence from education, health and social care. This assessment includes an educational psychologist assessment which is the duty of the LA not the educational establishment. You must be asked for your views and the views of the child’s/yp’s must be obtained. Current advice from professionals must be used if everyone (Local authority, parents, young person, professional who wrote the report) agrees that it is sufficient for the assessment, and that it is current. Please see below IPSEAs information on the transition process.

If you need support going through this process you can have support from an Independent Supporter (IS) either from ourselves, Norfolk SEND Partnership by contacting 01603 704070 or Scope on 07764256471.


 

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