Q&As

The Special Educational Needs and Disabilities Code of Practice states that local authorities and relevant health bodies should have arrangements in place to agree heath care provisions in education, health and care (EHC) plans for young people. If those arrangements are not robust, causing an injustice to a young person, have both the local authority and relevant health body failed in fulfilling their statutory duty? Would the local authority be solely responsible as they hold the statutory duty to provide EHC plans for young people?

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Published on LexisPSL on 13/07/2020

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • The Special Educational Needs and Disabilities Code of Practice states that local authorities and relevant health bodies should have arrangements in place to agree heath care provisions in education, health and care (EHC) plans for young people. If those arrangements are not robust, causing an injustice to a young person, have both the local authority and relevant health body failed in fulfilling their statutory duty? Would the local authority be solely responsible as they hold the statutory duty to provide EHC plans for young people?

The Special Educational Needs and Disabilities Code of Practice states that local authorities and relevant health bodies should have arrangements in place to agree heath care provisions in education, health and care (EHC) plans for young people. If those arrangements are not robust, causing an injustice to a young person, have both the local authority and relevant health body failed in fulfilling their statutory duty? Would the local authority be solely responsible as they hold the statutory duty to provide EHC plans for young people?

Chapter 3 of the Statutory Guidance Special educational needs and disability code of practice: 0 to 25 years sets out the arrangements that must be put in place between a local authority and the partner organisations including Commissioning Care Groups to facilitate commissioning services that meet local needs in relation to provision of education, health and social care. It describes the governance and accountability arrangements that should be in place to ensure that local needs are assessed and met by providing personalised, integrated support that delivers positive outcomes for children and young people, bringing together support across education, health and social care from early childhood through to adult life, and improves planning for transition points. The outcome of the assessment and agreements should be published as the local offer. The process is illustrated in paragraph 3.20. The guidance provides that

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