EHCPs
Current legal framework
It is important to remember that, while discussion of the government’s proposed SEND reforms continues, the law currently remains unchanged. Either a school or a parent can make a request for a needs assessment, and the threshold in law remains that a child may have special educational needs that may require an Education, Health and Care Plan to meet them.
The 20-week and other timescales remain the same and the appeals process through the Special Educational Needs and Disability Tribunal (SENDIST) also remains unchanged.
Section F remains legally enforceable and provision detailed within it must be additional to or different from what is normally available to peers within the setting and should be specified and quantified, including frequency, duration and who delivers it. What is set out in Section F should be so specific as to leave no doubt as to what is intended.
No changes to current EHCP support will occur before September 2030.
For details of how the process should operate, including legal timescales, go to www.gov.uk/government/publications/send-code-of-practice-0-to-25.
For details of the appeals process, go to www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability.
IPSEA have cost-effective training on all aspects of the process for parents: www.ipsea.org.uk/pages/category/training-for-parents-and-carers.
SEND reforms
The government’s SEND reforms are part of the Children’s Wellbeing and Schools Act, which has now passed into law. However, the implementation is phased. Phase 1 focuses on system preparation and investment (2026-28); phase 2 on preparing statutory duties (2028-29); and phase 3 on full implementation (from 2028).
Information on the reforms is available at: www.gov.uk/government/publications/every-child-achieving-and-thriving
You can track the changes at: https://disabledchildrenspartnership.org.uk/send-reform-latest/
Various organisations have issued a response to the original proposals:
Special Needs Jungle: https://www.specialneedsjungle.com/category/send-education/
Save Our Children's Rights: https://saveourchildrensrights.org.uk
IPSEA
IPSEA, the Independent Provider of Special Education Advice, is the leading charity in the field of SEND law in England, providing free and independent legal advice and support to families of children and young people with SEND. IPSEA also provides training on the SEND legal framework, and influences policy at both a local and national level.
IPSEA offers cost-effective training on SEND law for parents. This includes the EHCP process and how to take a case to Tribunal. IPSEA also offers a range of training courses for professionals, schools and other organisations.
See www.ipsea.org.uk/Pages/Category/training for a full list of what training is available.
IPSEA offers a number of different ways of providing families with advice and free casework support.
For free legal guides, template letters and information on SEN Support or EHC plans, exclusions or appeals, see www.ipsea.org.uk/Listing/Category/get-support.
Parents and carers can use IPSEA’s email information service for general legal enquiries and signposting to guidance on the website. IPSEA aim to respond to email requests within five working days.
To submit a request, go to www.ipsea.org.uk/information-service.
Parents and carers can get free and independent SEND legal advice from IPSEA volunteers by contacting their helpline, which is open on Tuesdays, Wednesdays and Thursdays.
Go to www.ipsea.org.uk call-in-helpline for the number and details of how to prepare to get the best out of your call.
Alternatively, parents can book an appointment on IPSEA’s advice line or Tribunal helpline. For details of who these services are for, and what’s involved, go to www.ipsea.org.uk/advice-line or www.ipsea.org.uk/tribunal-helpline.
Using the information and evidence captured through its advice services and training, IPSEA influences policy at both a local and national level, and is instrumental in shaping law and policy in the field of special educational needs and disability.
To see IPSEA’s response to the government’s proposed SEND reforms, go to www.ipsea.org.uk/Pages/Category/save-our-childrens-rights-our-joint-campaign.