Relaxation of Education Health and Care needs assessment and provision during coronavirus
Produced in partnership with Gurvinder Samra of Shoosmiths
Relaxation of Education Health and Care needs assessment and provision during coronavirus

The following Local Government practice note Produced in partnership with Gurvinder Samra of Shoosmiths provides comprehensive and up to date legal information covering:

  • Relaxation of Education Health and Care needs assessment and provision during coronavirus
  • Coronavirus (COVID-19) response
  • What will this mean in practice?
  • Timescale changes to EHC plan processes
  • What will this mean in practice?

This Practice Note explains the temporary relaxation of the obligations upon local authorities (LA)s in relation to assessments of Education, Health and Care needs and provision for those in their local authority area. It explains what has changed in terms of legal obligations and the loosening of timescales within which a LA must act to allow for the extreme pressures on resources, and possible lack of key staff for the duration of pandemic management. These relations are only permitted because of a reason relating to the incidence or transmission of coronavirus (COVID-19).

Coronavirus (COVID-19) response

In March 2020, the Coronavirus Act 2020 (CA 2020) was published and within it, the Secretary of State was permitted to give a notice which disapplies or modifies certain legal duties due to the transmission of coronavirus.

On 30 April 2020, in accordance with the power granted by CA 2020, s 38, Sch 17 Pt 1, para 5(1) the Secretary of State for Education issued a notice to modify section 42 of the Children and Families Act 2014 (CFA 2014), from 1 May 2020.

In accordance with the obligations set out, the Secretary of State for Education gave guidance providing:

  1. reasons for the issue of the notice and its proportionality in relation to the measures adopted

  2. particularising what consequential amendments to legislation flowed from the notification ie amendments introduced by the Special

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