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Education Law

Expert Education Law advice courtesy of the dedicated team of nationally respected specialist lawyers at HCB.

  • Comprehensive advice on all aspects of education law
  • Proven expertise in special educational needs and higher education law

Special Educational Needs help in Cheshire East

What are Special Educations Needs in Cheshire East?

Special educational needs (SEN) are defined by the Children and Families Act 2014 as a learning difficulty or disability which calls for special educational provision to be made for him or her.

SEN can affect everything from:

  • Reading
  • Writing
  • Physical ability
  • Concentration levels
  • Ability to understand
  • Hearing/visual impairment
  • Social skills

If a child or young person struggles to access education or facilities at school, and requires support in relation to a learning difficulty or disability, they likely have special educational needs. You should seek legal advice is you are unsure as to whether your child or young person has SEN.

If you are unsure as to whether your child or young person has special educational needs, you should seek specific legal advice.

What is SEN support in Cheshire East?

Cheshire East’s special educational needs webpage can be found here:

http://www.cheshireeast.gov.uk/livewell/local-offer-for-children-with-sen-and-disabilities/education/supporting-send-in-education/special-educational-needs.aspx

You will also find below a link to the Local Offer prepared by Cheshire East’s educational needs team. This explains the support available for children with SEN in Cheshire East.

http://www.cheshireeast.gov.uk/livewell/local-offer-for-children-with-sen-and-disabilities/what-is-the-local-offer/local_offer.aspx

In most cases, a school will identify that a child or young person has SEN and the class teacher will usually liaise with the Special Educational Needs Coordinator (SENCo) to arrange additional support for that child. This follows a cycle called ‘Assess, Plan, Do, Review’. This assistance will vary depending on the circumstances, but could include one-to-one or small group work, special learning materials and social skills exercises.

It is important that, in this instance, the child, young person, and their parents/guardians are involved in discussions with the school to arrange support for the child’s special educational needs.

It is also key to note that schools receive a Delegated Budget – a specific amount of money – to support children with SEN. Unfortunately, this budget is finite and will often limit the amount of support that a school can provide to SEN children.

If the school does not identify a pupil with SEN, or if the school does not have the resources to provide the support that your child or young person needs, you may need to seek an Education Health and Case needs assessment through the local authority with the view to obtaining an Education, Health and Care Plan (EHCP).

EHC Plans consider a child or young person’s needs, agreed outcomes for him or her, their longer term aspirations and the special educational provision that is necessary to achieve the agreed outcomes.

They are focused on outcomes for the child or young person across education, health and care, and will set out how services will work together to meet the child or young person’s needs in support of those outcomes.

EHC plans will include details of the following:

  • the views, wishes and aspirations of the child or young person and their family
  • the special educational needs of the child or young person as identified by relevant professionals through recent assessments, and the health and care needs that impact upon their education
  • the agreed outcomes for the child or young person
  • the provision that will be made to address agreed needs, and who is responsible for offering identified provision and resources
  • arrangements for reviewing outcomes, including the formal annual review

It is often the case, however, that EHCP’s do not contain sufficient detail about the provision or support that is needed. Our specialist education law solicitors often assist parents/guardian’s of children and young people who are issued with these inadequate EHCP’s.   

How can I get an EHCP in Cheshire East?

Before an Education Health and Care Plan (EHCP) can be issued, the local authority must carry out an EHC needs assessment to determine whether an EHCP is necessary. It is important to note here that it is not necessary for you to try the cycle of ‘Assess, Plan, Do, Review’ before seeking an EHC needs assessment.

You can find guidance for securing an EHC needs assessment and EHCP in Cheshire East here:

https://www.Cheshire Eastlocaloffer.org.uk/send-service/my-plan-education-health-care-plan/

Whilst this can be helpful to know how to qualify for an EHC needs assessment in Cheshire East, it is important to note that Cheshire East SEN teams must comply with the Children and Families Act 2014, and the SEND Code of Practice 2015, as well as their own local policies.

From our experience, we have seen that the local authority’s policies tend to overly simplify the law and confuse quite complex rules; leading to poor decision making. Often, the local authority’s internal criteria for carrying out an EHC needs assessment do not reflect the legal criteria, and will be rigidly applied without fully considering the child’s needs and circumstance. It is crucial, therefore, that when making a request for an EHC needs assessment, that your request applies the law correctly.

We would also advise that parents focus on the SEND Code of Practice, rather than Cheshire East’s SEN policies only. The SEND Code of Practice can be found here:

https://www.gov.uk/government/publications/send-code-of-practice-0-to-25 

A child’s parents, guardians or school can request and EHC needs assessment. A young person, aged between 16 and 25, can make a request for an EHC needs assessment themselves in Cheshire East.

The local authority may refuse to make an EHC needs assessment, however they must conduct an EHC needs assessment if a child or young person may have SEN and they need the support of an EHCP. They have six weeks from the date they receive the request to decide whether to make the assessment.

If the local authority refuse to carry out an EHC needs assessment, it is possible to appeal to the Special Educational Needs and Disability Tribunal (SENDIST), however this can be difficult and it can be useful to take specialist legal advice about a SENDIST appeal.

If the local authority decides to undertake an EHC needs assessment, the local authority will determine whether an EHCP is necessary. The term ‘necessary’ has been the focus of much litigation. It means that the local authority must consider the subjective needs of the child or young person, the special educational provision that they need, and whether it is reasonably likely that a mainstream school and deliver that support.

If the local authority refuses to issue an EHCP, you can appeal to the SENDIST.

The local authority may also make further decisions you do not agree with. These can include:

  • The content of an EHCP in Cheshire East
  • The school named in the EHCP in Cheshire East
  • Changes made to an EHCP following an Annual Review in Cheshire East
  • A refusal to make a change to an EHCP following an Annual Review in Cheshire East
  • A refusal to maintain an EHCP in Cheshire East

Each of these decisions can be challenged by the SENDIST.

Where can I find SEN legal advice in Cheshire East?

Our specialist education lawyers have experience of working across the country and we have secured special educational needs support for several children, young people and families in Cheshire East.

If you have any questions about securing an EHCP in Cheshire East, are having difficulties securing one, or are facing any of the difficulties listed above, our specialist education law solicitors are here to help.

 

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