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Ed Duff
 

SEND Review Green Paper

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On 29 March 2022, the Government published a Green Paper entitled “SEND Review; Right Support, Right Place, Right Time”. This article will be sent, in full, to the Department for Education via the consultation email address. We have...

School brings landmark judicial review against Medway Council

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We have recently acted for a school that was forced to bring a Judicial Review of its own local authority, Medway. This case was brought by the school purely because it had clear, evidenced, concerns that it was not able to support a young person’s...

Nottinghamshire Post 16 Blanket Policy

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We have recently been sent, anonymously, a letter from Nottinghamshire County Council which seems to set out a blanket policy for pupils in year 14. To clarify, this seems to directly impact upon all pupils in independent and non-maintained special...

Upper Tribunal confirms, again, need for specificity in EHCP

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The Upper Tribunal has released judgment in the matter of B-M and B-M v Oxfordshire County Council [2018] UKUT35 (AAC) . This decision relates to the question of whether or not an Education Health and Care Plan (EHCP) needs to contain a high...

Ombudsman - SEN families face 'disproportionate burden'

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The Local Government and Social Care Ombudsman (LGO) has released a report concerning its investigation into the first 100 complaints it has received about Education Health and Care Plans (EHCPs). The Ombudsman’s covering article is entitled...

Pupils with Special Educational Needs ten times more likely to be excluded

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The Welsh Government recently published data concerning permanent fixed term exclusions from schools for the period 2015 to 2016. This data indicates that children and young people with Special Educational Needs...

Adopted Children and Special Educational Needs

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The BBC has recently published an article entitled “We’re scared of our adopted son”. The article can be found here , and deals with what psychiatrists have started to refer to as “callous unemotional traits”. ...

School transport and Special Educational Needs

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The Upper Tribunal has released two cases in the last year which deal with school transport and special educational needs. The judgments particularly look at transport being included in an Education Health and Care Plan (EHCP). There has been a fair amount...

Unlawful EHC needs assessments

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We have recently been approached by a concerned parent about one local authority’s approach to EHC Needs Assessments. The concern particularly relates to the apparent policy of the Local Authority to refuse to make a Social Care Needs Assessment as...

Pupils with SEN, or in Academies, significantly more likely to be excluded

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The Department for Education has now published the updated statistics for the permanent and fixed period exclusions that were issued in England from 2015 to 2016. These statistics were published on 20th July 2017 and can be found here . This data covers...

How Is School Suitability Assessed?

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We have recently successfully opposed an Application for Permission to Appeal brought by a Local Authority following a decision of the Special Educational Needs and Disability Tribunal. The Local Authority did not agree with the decision...

Higher Education and Special Educational Needs

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The judgment of the Upper Tribunal in the matter of Royal Borough of Kensington and Chelsea v GG (SEN) has been released. This judgment is very important for all learners over the age of 16, particularly those who are wishing to secure courses...

Government Tells Parents to Use YouTube, not Lawyers, in the Special Educational Needs and Disability Tribunal

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We recently wrote about a very substantial release of information by the Department for Education. That release served to review parents' and families' experiences of the new Special Educational Needs and Disability system and their experiences of...

Government Reviews Special Educational Needs and Disability Reforms

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Over the last few days the Department for Education has released three very substantial documents which all relate to a review of the special educational needs and disability reforms. The first document is entitled "Review of...

Can Outcomes Be Appealed?

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The judgment of the Upper Tribunal in the case of S v Worcestershire County Council [SEN] has now been released. This new Special Educational Needs decision deals with three key points; 1. The operation of...

Upper Tribunal Confirms Duties to Provide Post-16 Education

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The judgment in Gloucester County Council v EH (SEN) has been released today. This is very important for all special educational needs cases involving post-16 young people. It is also very interesting in light of the recent DfE Guidance on the topic....

Massive set back for post-19 SEN provision

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The Department for Education has published a new guidance document entitled “SEND: 19- to 25- year olds’ entitlement to EHC Plans”. The guidance document can be found here and was published on 21 st February 2017. It is notable...

Are the Welsh Assembly listening to concerns about special educational needs reform?

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On 26 January 2017 the Welsh Assembly’s Children, Young People and Education Committee sought advice in respect of reforming how children and young people with Special Educational Needs (SEN) are supported. We attended the event on 26 January and,...

Welsh Assembly seeks expert advice on special educational needs

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Wales is currently reviewing how to support children and young people with special educational needs (SEN). Today, we were fortunate enough to contribute at a roundtable event hosted by the Welsh Assembly’s Children, Young People and Education...

Mental Health and special educational needs

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Prime Minister, Teresa May, gave a speech on 9 January 2017 to the Charity Commission’s annual meeting. Mrs May took the opportunity to declare her Government’s intention to focus on mental health services. Mrs May set out: ...

Residential schools, home tuition and special educational needs

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The judgement for East Sussex County Council v TW has been released. This relatively short judgement is likely to be very important for: Special educational needs (SEN) appeals seeking residential schools...