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SPOTLIGHT ON SEND The key points parents need to know about special educational needs reforms, as outlined by Tees Law’s head of education and SEND law, senior associate Victoria Kerr
T here has been much to talk about over the past few months regarding the Department for Education (DfE). From the seriousness of judicial review challenges relating to the proposed special educational needs reforms to influencer Gemma Collins being its new ‘brand ambassador’, it is growing increasingly difficult to sort out fact from fiction. But a core message is being missed: the current special educational needs system is still in operation. It has not been changed and, depending on the way the political winds blow, reforms may not come into force for at least another three years. So why am I telling you this? As the head of education and SEND (special educational needs and disabilities) law, which specialises in representing parents, we are seeing and hearing a great deal of misinformation regarding the proposed reforms. So, let’s set the record straight. WHAT IS ACTUALLY HAPPENING? The reforms are not current law. We have seen letters from local authorities to parents mentioning that they are changing their approach in the ‘spirit’ of the SEND reforms. On the surface that looked like great forward planning, until it revealed that it meant they were not meeting their current statutory duties to provide special education to children. ACT BASED ON THE CURRENT LAW Anecdotally, we have been told by parents that they have been advised it is ‘not worth applying for an education health and care plan (EHCP)’, as they will not be worth the paper that they are written on. But an EHCP remains the only legally enforceable
parents. Approximately 98% of claimants are likely to be successful at tribunal, according to statistics from the First- tier Tribunal. The proposed reforms are scant in relation to legal enforceability, but it will be much harder to justify removal of children from schools once they are already on roll, settled in and hopefully flourishing. GIVING YOU THE FULL PICTURE At Tees Law, we support families of children and young people aged 0-25 to access the education and/or SEND provision their child is legally entitled to. When the system is not delivering what your child needs, we step in and help. We combine specialist education and SEND law expertise with practical, child-centred solutions focused on moving matters forward.
document that cements all the provision that a child with special educational needs is entitled to. As the reforms are uncertain, it is better to secure a child’s rights now, ensuring they get the provision they need without worrying about what they may need in several years’ time. While the DfE is keen to highlight everyday matters in relation to attendance, it does not seem to be pushing that same line in relation to provision of special education. KEEP APPLYING FOR AN EHCP “By the time you get through the system, it will all be changed anyway.” While applying for an EHCP can be a daunting process, possibly resulting in going to tribunal to secure provision and the most appropriate placement, it remains a fundamental legal right and the ultimate bargaining power for
IN THE KNOW With its SEND law expertise, Tees Law can help you get access to the right support
Find out more at teeslaw.com or contact the team today on 0800 013 1165. Visit the Cambridge office at No 3 Journey Campus, Castle Park, Castle Street CB3 0AY
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