Special educational needs in England under the Children and Families Act 2014
Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Hayley O'Sullivan of Browne Jacobson Solicitors

The following Local Government practice note produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Hayley O'Sullivan of Browne Jacobson Solicitors provides comprehensive and up to date legal information covering:

  • Special educational needs in England under the Children and Families Act 2014
  • Local authority functions—general principles
  • Definitions
  • Duties
  • Children and young people for whom a local authority is responsible
  • EHC provision—integration and joint commissioning
  • Review of education and care provision
  • Co-operation and assistance
  • The local offer—information and advice
  • Mainstream education
  • More...

Special educational needs in England under the Children and Families Act 2014

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.

Part 3 of the Children and Families Act 2014 (CFA 2014) came into force in England on 1 September 2014. For all new cases and after every new review of a child’s SEN, the 2014 Act system has replaced (in England only) the special educational needs (SEN) provisions in the Education Act 1996 (EA 1996). For children with existing 1996 Act statements, there is a transitional period before the 2014 Act applies.

The 1996 Act law on SEN in Wales has not changed.

Local authority functions—general principles

CFA 2014, s 19 sets out the general principles to which local authorities must have regard in exercising their powers and duties under CFA 2014, Pt 3 as regards children and young people from birth to age 25. To have the child and their parents being heard, participating, being

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