Signposting - Special educational needs - EHCPs: Guidance on Temporary Legislative Changes Relating to Coronavirus

The guidance includes temporary changes to timescales: “Where it is not reasonably practicable or is impractical to meet that time limit for a reason relating to the incidence or transmission of coronavirus (COVID-19), the specific time limit (such as to issue a plan to someone eligible for one within 20 weeks of the initial request) in the regulations being amended will not apply. Instead, the local authority or other body to whom that time limit applies will have to complete the process as soon as reasonably practicable”.

The guidance also includes: “that a local authority must still consider requests for a new EHC needs assessment, must still secure all of the required advice and information in order to be able to issue a plan, and must have regard to the views and wishes of a child, the child’s parent or a young person when carrying out its SEND functions under the Children and Families Act 2014”.

Further on in the guidance, there is recognition of the ongoing importance of the voice of children, young people and their parent carers and it clearly states that: “co-production and effective communication remain key, both at the strategic level and in relation to individual cases. Parent carer forums have an important role, working with local authorities and health commissioning bodies, to gather and feed in parents’ views on what can realistically be provided to children and young people in their area when the usual ways of working are under such strain”. It also says that: Local authorities, health services and the other bodies involved in the processes relating to EHC needs assessments and plans should communicate regularly with the families of those children and young people with EHC plans, or who are being assessed for plans or who apply for an EHC needs assessment. Where the changes in the law affect what families experience, they need clarity as to: -

•what provision will be secured for each child and young person and the reason for any difference from what is specified in the EHC plan
•when decisions will be made as part of the various processes relating to EHC needs assessments and plans

The guidance is very clear that: -
•a local authority must still consider requests for a new EHC needs assessment or a re-assessment. Where the local authority decides to carry out an EHC needs assessment, it must still secure all of the required advice and information in order to be able to issue a plan, and the need to have regard to the voice of the child, young person and the parent carer remains in force.
•Reviews and re-assessments of EHC plans must still take place (although there can in some circumstances be flexibility over the timing of an annual review).
•There is no change to the complaints and rights of appeal of parents and young persons.
•There is no change to the appeals to the First-tier Tribunal.