Learning difficulties assessments – High Ct judgment – Education Law Blog

‘The introduction of EHC plans for some 16-25 year olds was one of the most important changes to SEN in the Children and Families Act 2014. Under the previous regime, a special educational needs statement could not provide for a young person to attend further education or higher education. Even if the child remained in a school setting post-16, the statement would lapse (if the local authority had not already ceased to maintain it) when the young person turned 19, although the local authority could choose to maintain it until the end of that academic year. Young people with learning difficulties and/or disabilities who were moving into further education, training or higher education received instead a learning difficulties assessment. This assessment would result in a written report of their educational and training needs and the provision required to meet them (“the LDA”). Any challenge to an LDA was by way of judicial review (as, in contrast to the position for challenges to the contents of SEN statements, there was no statutory right of appeal to the tribunal). That is all changing, with the introduction of EHC plans, which can continue until the young person reaches the age of 25, which can include further education provision (but still not higher education) and which can be appealed to the tribunal. Whilst EHC plans were introduced on 1 September 2014, there is a fairly lengthy transition period and so LDAs will be with us for a little longer yet.’

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Education Law Blog, 16th December 2014

Source: www.education11kbw.com

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The Special Educational Needs (Personal Budgets) Regulations 2014 – Education Law Blog

‘These regulations will come into force on 1 September 2014. They basically extend the current pilot scheme for personal budgets to all local authorities and apply it to the new Education Health and Care Plans regime. I posted back in 2012 about the pilot scheme and these new regulations make very few changes to the substance of that scheme.’

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Education Law Blog, 28th June 2014

Source: www.education11kbw.com

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DfE issues new code of practice for special educational needs and disabilities – Local Government Lawyer

‘The Department for Education has published a new code of practice for organisations working with children and young people with special educational needs and disabilities.’

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Full code

Local Government Lawyer, 18th June 2014

Source: www.localgovernmentlawyer.co.uk

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Haining v Warrington Borough Council – WLR Daily

Haining v Warrington Borough Council [2014] EWCA Civ 398; [2014] WLR (D) 152

‘When assessing whether the school the parents preferred to be named in their child’s statement of special educational needs would incur “unreasonable public expenditure” within section 9 of the Education Act 1996, a local authority was to have regard to all public expenditure by a public body, not only the expenditure incurred by that authority in discharging its education functions.’

WLR Daily, 2nd April 2014

Source: www.iclr.co.uk

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Children and Families Act 2014

Children and Families Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

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Education Law for Local Authorities in the Age of Academies – 11 KBW

‘Local authorities no longer run many of our publicly funded schools in England but still have plenty to occupy them in the education field. They have a role in the setting up of new academies. They still run their maintained community schools. In Wales, they remain the Welsh government’s preferred providers of state education. They have intervention powers and can suspend a school’s delegated budget.’

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11 KBW, 24th February 2014

Source: www.11kbw.com

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Children with autism are illegally excluded from school activities study finds – The Independent

Posted February 12th, 2014 in autism, children, news, school exclusions, special educational needs by sally

‘Four in 10 children with autism have been temporarily excluded from school activities, it has been revealed.’

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The Independent, 11th February 2014

Source: www.independent.co.uk

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Student litigation – Choosing the right words – Hardwicke Chambers

“The case of Mr John Scarborough v Canterbury Christ Church University (Scarborough) which was recently decided carries potentially significant implications in terms of bringing a case that may fall under separate heads of action.This article discusses this decision and its practical effect on future litigation.”

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Hardwicke Chambers, 7th November 2013

Source: www.hardwicke.co.uk

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LGO censures council over bid to force vulnerable girl to move schools – Local Government Lawyer

Posted October 2nd, 2013 in children, news, ombudsmen, social services, special educational needs by tracey

“The Local Government Ombudsman has sharply criticised a council that tried to force a vulnerable 13-year-old girl to move from the residential school she attended.”

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Local Government Lawyer, 1st October 2013

Source: www.localgovernmentlawyer.co.uk

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New term, new approach to social care costs in SEN appeals – Education Law Blog

Posted September 2nd, 2013 in budgets, education, local government, news, special educational needs, tribunals by sally

“We’re back to school with a bang with the decision of the Upper Tribunal in WH v Warrington BC [2013] UKUT 0391 (AAC) where Judge Williams declined to follow O v Lewisham [2007] EWHC 2130 (Admin) and instead held that the only relevant “public expenditure” for the purposes of section 9 of the Education Act 1996 is that which comes out of the local authority’s education budget.”

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Education Law Blog, 1st September 2013

Source: www.education11kbw.com

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Judicial review of FTT in UT: what costs rule applies? – Education Law Blog

“In R (LR) v FTT [2013] UKUT 0294 (AAC) the parents and local authority had settled an appeal against a statement of special educational needs and entered into a consent order. The local authority subsequently sought to re-open the tribunal’s approval of that order and, following a review, the FTT set it aside.”

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Education Law Blog, 9th July 2013

Source: www.education11kbw.com

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Parental choice of mainstream education – Education Law Blog

“In Harrow Council v AM [2013] UKUT 0157 (AAC), the Upper Tribunal considered a local authority’s obligations where a parent chose mainstream education for a child with complex special educational needs. The decision also discusses two important procedural issues, namely when a First-tier Tribunal can rely on its own knowledge without seeking views from the parties and its powers on review.”

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Education Law Blog, 6th May 2013

Source: www.education11kbw.com

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Teacher Amanda Whitfield who force-fed custard is banned – BBC News

Posted April 12th, 2013 in disciplinary procedures, news, special educational needs, teachers by sally

“A teacher who force-fed custard to a special needs child has been banned following a disciplinary hearing.”

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BBC News, 11th April 2013

Source: www.bbc.co.uk

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Special Educational Needs and School Transport – 11 KBW

Posted April 8th, 2013 in news, special educational needs, transport, Wales by sally

“In this paper, I intend to cover the following areas:-
(1) An update on reform to the special educational needs regime
(2) Case law update on recent special educational needs cases
(3) School transport.”

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11 KBW, 3rd April 2013

Source: www.11kbw.co.uk

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Inter-authority recoupment – Education Law Blog

“The Inter-authority Recoupment (England) Regulations 2013 have now been made and will come into force on 1 April 2013.”

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Education Law Blog, 13th March 2013

Source: www.education11kbw.com

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Children and Families Bill 2013 – 11 KBW

Posted March 6th, 2013 in bills, children, local government, news, special educational needs by sally

“Part 3 of the Children and Families Bill 2013 (‘the Bill’) was intended to deliver ‘the biggest
reforms for 30 years’ for children and young people with SEN.”

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11 KBW, 5th March 2013

Source: www.11kbw.com

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The Children and Families Bill – the new SEN provisions – 11 KBW

Posted March 6th, 2013 in bills, children, local government, news, special educational needs by sally

“The legislative framework governing the approach to children with special educational needs (‘SEN’) in England has remained broadly the same since the coming into force of Part 4 of the Education Act 1996 on 1st November 1996. However, on 18 March 2012, the Department for Education published a Green Paper, Support and Aspiration: A New Approach to Special Educational Needs and Disability, signalling an intention to review that framework. The intention to legislate in this field was reiterated in the Queen’s Speech on 9th May 2012, which was swiftly followed by the follow-up to the Green Paper, Progress and Next Steps, on 15 May 2012.”

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11 KBW, 5th March 2013

Source: www.11kbw.com

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Refusal to make a statement: remember the context – Education Law Blog

Posted February 5th, 2013 in appeals, education, local government, news, special educational needs, tribunals by tracey

“A short recent decision of the Upper Tribunal (JS v Worcestershire County Council [2012] UKUT 451 (AAC)) has emphasised the importance, when assessing a child’s special educational needs (‘SENs’), of considering the context in which he or she is performing.”

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Education Law Blog, 4th february 2013

Source: www.education11kbw.com

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SEN Update – 11 KBW

“This paper considers developments in relation to the law on Special Educational Needs over the last year. It will address three main areas:
(1) recent SEN cases;
(2) practice and procedure issues;
(3) the Children and Families Bill.”

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11 KBW, November 2012

Source: www.11kbw.com

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Education and Human Rights – 11 KBW

Posted December 19th, 2012 in education, human rights, news, parental rights, special educational needs by sally

“Education lawyers cannot ignore the European Convention of Human Rights. The ‘right to education’ is enshrined in Article 2 of the First Protocol to the Convention, and other Convention rights are often in play when education decisions need to be made. In this paper, we examine in detail the content of Article 2 of the First Protocol, and highlight the other Convention rights that frequently feature in education cases.”

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11 KBW, November 2012

Source: www.11kbw.com

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