The following Local Government practice note Produced in partnership with Hannah Lynch of St Pauls Chambers and Laxmi Patel of Boyes Turner provides comprehensive and up to date legal information covering:
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.
Under the reform introduced by the Children and Families Act 2014 (CFA 2014), statements of special educational needs (SEN) were being replaced with Education, Health and Care (EHC) plans for children and young people with the most complex special educational needs and disabilities. Unlike statements, EHC plans are available for children and young people from the ages of 0–25, where education provision is required.
CFA 2014, s 36(2) defines an ‘EHC needs assessment’ as:
‘An assessment of the educational, health care and social care needs of a child or young person.’
This provision, along with the other sections of CFA 2014 which address EHC assessments, are heavily supplemented by the Special Educational Needs and Disability Regulations 2014, SI 2014/1530 and the SEND Code of Practice 2015 (COP), in particular Chapter 9, which concerns EHC needs assessments.
Chapter 5 of the COP makes clear that an EHC needs assessment
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