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PRACTICE NOTES
Part 3 of the Children and Families Act 2014 (CFA 2014) came into force in England on 1 September 2014 and reformed special educational needs provision (SEND). The Public Accounts Committee issued a call for the government to take action and improve the system. See SEND emergency: Unviable system will end in lost generation of children without reform. This Practice Note covers the law in England only, for the law in Wales, see Practice Note: Special educational needs law in Wales. A child or young person has special educational needs if they have a learning difficulty or disability that calls for special educational provision to be made for them because: • they have a significantly greater difficulty in learning than the majority of their peers, or • they have a disability which prevents or hinders them from making use of facilities of a kind generally provided for their peers in mainstream schools or mainstream post-16 institutions A child or young person does not have a learning difficulty
PRACTICE NOTES
This Practice Note provides a brief overview of the law of special educational needs (SEN) in Wales. It covers the Additional Learning Needs and Education Tribunal (Wales) Act 2018 regime relating to additional learning needs (ALN) and the transitional arrangements arising from this change. For coverage in relation to SEN in England, see Practice Note: Special educational needs in England under the Children and Families Act 2014. ALNET(W)A 2018, partially in force (with certain provisions in force from 1 September 2025), applies to the following pupils: • children who have newly identified ALN • children who are detained • children who are in Nursery Years one or two, or Year one, Year three, Year five, Year seven or Year ten and already receiving additional learning provision (ALP) via school action or school action plus • children who attend a maintained school or Pupil Referral Unit and are looked after or who are registered at more than one setting • children who are looked after but are
PRACTICE NOTES
This Practice Note explains what a special guardianship order (SGO) is under the Children Act 1989 (ChA 1989) and the courts powers to make an SGO either as a result of an application or of its own initiative. It explains how an SGO confers parental responsibility for a child and also covers the criteria for making an SGO. What is a special guardianship order? A special guardianship order (SGO) is an order appointing one or more individuals to be a child's special guardian. It has been described as 'a half-way house' between residence orders (now child arrangements orders) and adoption orders. The concept of special guardianship relates to the exercise of parental responsibility and not to parenthood. Special guardianship is a private law order but it is available in both private and public law proceedings and will be considered as one of the options for a child in care proceedings. An SGO gives non-parents a more permanent legal status than they would have if they were named in a child arrangements order (CAO) as a person with whom the
NEWS
Family analysis: Considering the judgment in Re BS and ES, Lucy Sprinz, a barrister at 1 Garden Court, says the case highlights that special guardianship orders are not to be seen as a panacea for all family placements.
PRACTICE NOTES
Civil justice reform: see our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for guidance on the current rules and practice in the Scottish civil courts in relation to virtual hearings and the electronic signing, transmission and lodging of documents. This Practice Note offers guidance on various special procedures in civil appeals in the Scottish Sheriff Appeal Court, including devolution issues, interventions for human rights issues, taking of proof or further proof and remitting the appeal to the Court of Session. For guidance on: • other aspects of civil appeals to and in the Scottish Sheriff Appeal Court, see Practice Notes: ◦ Introduction to the Scottish Sheriff Appeal Court—which considers the jurisdiction of the Sheriff Appeal Court, the types of cases it can hear and whether permission to appeal is required ◦ Starting an appeal in the Scottish Sheriff Appeal Court—which offers guidance on how to initiate an appeal in the Sheriff Appeal Court including how to lodge an appeal, the
PRACTICE NOTES
Part 2 of the Youth Justice and Criminal Evidence Act 1999 (YJCEA 1999) contains a series of measures that the court can direct to protect the needs of vulnerable and intimidated prosecution or defence witnesses. These are in addition to the general case management powers available to the court contained in the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pt 3, for which see Practice Note: Pre-trial and case management hearings in the Crown Court. The measures cannot be applied for the benefit of the defendant. For information on the steps which may be taken in relation to the defendant, see Practice Note: Special measures for the accused. In summary, the measures available for witnesses include: • screening the witness from the defendant • giving evidence by live link or allowing the evidence to be given in private • ordering the removal of wigs and gowns while the witness gives evidence • video recording of evidence-in-chief • video recording of cross-examination and re-examination • the use of intermediaries to enhance witness communication, and • providing
PRACTICE NOTES
Usually, applications for planning permission must be made to the local planning authority (LPA). However, in 2013, new provisions were inserted into the Town and Country Planning Act 1990 (TCPA 1990) to give applicants the option to submit certain applications directly to the Secretary of State (in England) or the Welsh Ministers (in Wales), where the relevant LPA has been designated for these purposes. Generally speaking, designation occurs where the LPA has been performing poorly in determining planning applications. The process is designed to ensure faster, more transparent decision-making where an LPA is not performing its functions in determining planning applications. Importantly, applicants should ensure they front-load the application process for applications proceeding under TCPA 1990, s 62A. They should engage early with all stakeholders, to allow for consideration of the main issues early in the decision-making process. In England, the provisions governing this process have been in force since 2013. They are found in: • TCPA 1990, ss 62A–62E • the Town and Country Planning (Section 62A Applications)
PRACTICE NOTES
The accused's eligibility for special measures Under the Youth Justice and Criminal Evidence Act 1999 (YJCEA 1999) the court can order a range of measures to assist vulnerable and intimidated witnesses to help them give their best evidence in court. These are known as special measures. For information on the special measures available to vulnerable and intimidated witnesses, see Practice Note: Special measures. The accused is specifically excluded from eligibility for most special measures, however the court does have the power to make a direction for a defendant to give evidence by live link and to appoint an intermediary to facilitate a defendant’s participation at trial. Criminal Procedure Rules 2025, SI 2025/909 (CrimPR 2025), r 3.3 imposes a duty on the prosecution and defence to alert the court to 'any potential impediment to the defendant's effective participation in the trial'. Practitioners should therefore be alive to any issues impacting the defendant’s ability to effectively engage with the trial process and raise these with the court in a timely manner. Failure to make reasonable adjustments that enable a vulnerable
GLOSSARY
In the context of notice given for the general meetings of a company, special notice will be required at a general meeting at which resolutions are proposed to remove a director from office (or appoint somebody in place of a director so removed at the same meeting); remove an auditor from office; and appoint auditors where there has been a failure to re-appoint the existing auditors. Where special notice is required for a resolution, the resolution will not be effective unless notice of the intention to move it has been given to the company at least 28 clear days before the meeting at which it is moved.
PRECEDENTS
To: The Directors [insert company name] [Limited OR PLC] [insert address of company] [insert date] Special notice: [insert company name] [Limited OR
PRECEDENTS
To: The Directors [insert company name] Limited [insert address of company] [insert date] Special notice: [insert company name] Limited (the Company) [I OR We],
PRECEDENTS
To: The Directors [insert company name] PLC [insert address of company] [insert date] Special notice: [insert company name] PLC (the Company) [I OR We],