Identifying an educational need and provision under the special educational needs legal framework
Produced in partnership with Matthew Wyard, Barrister of 3PB Barristers

The following Local Government practice note produced in partnership with Matthew Wyard, Barrister of 3PB Barristers provides comprehensive and up to date legal information covering:

  • Identifying an educational need and provision under the special educational needs legal framework
  • What is a special educational need?
  • What is special educational provision?
  • How are special educational needs and provision identified?
  • Before the assessment
  • During an assessment
  • After the assessment
  • Distinguishing between ‘educational’ needs and other needs
  • The test to establish if a provision is ‘educational’
  • Challenging the contents of an EHCP or Statement
  • More...

Identifying an educational need and provision under the special educational needs legal framework

Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, ss 37–38, Sch 16 Pt 1–Sch 16 Pt 3, Sch 17 Pt 1–Sch 17 Pt 3, among other measures, make provision to require temporary closure of educational institutions and to make temporary continuity directions relation to childcare, education and training by way of statutory instruments and/or guidance. For further information as to the current impact on this content, see: Coronavirus (COVID-19)—education tracker.

Local authorities across the jurisdiction have an obligation, in defined circumstances, to children and young persons with special educational needs, to ensure that these needs are met by providing special educational provision. As part of their duties, a local authority will specify the identified needs of a child in an Education Health and Care Plan (EHCP) in England or a Statement of Special Educational Needs (Statement) in Wales and, in doing so, distinguish educational needs from health or social care needs. It is during the drafting of these documents that the local authority recognises the distinction between educational provision (designed to meet educational needs) and other provision to meet health and social care needs. This distinction is relevant because it will affect who is responsible for delivering the provision necessary to meet

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