Important SEND update for schools

Minister Ford’s open letter to SEND sector schools opening[15906]

Supporting CYP with SEND as schools and colleges prepare for wider opening – LA Briefings[15905]

Please see below which was sent to all schools today.

Regards

Kathryn

Sent on Behalf of Simon James, Service Director for Education, Buckinghamshire Council.

Update – Extension Of Temporary Changes To The Law For Those Children & Young People With Education, Health And Care Plans

Dear Colleagues,

On Friday 29th May, the Secretary of State issued a notice to extend the temporary changes to the law on what provision has to be made currently for those with Education, Health and Care (EHC) plans.
The temporary changes to the law have been in force since 1st May and are now extended to 30th June. Once the notice expires, the Secretary of State can issue a further notice for a period of up to a month if it would be appropriate and proportionate to do so in the context of coronavirus. This relates specifically to section 42, the absolute duty to deliver the provisions identified is modified by the regulations. ‘Reasonable endeavours’ must be used to deliver as much of the identified provision within EHC Plans as possible. The modification of the s42 duty does not mean that the provision set out in an EHCP does not have to be delivered, but rather that consideration is given in relation to each child as to what it is reasonably possible to deliver. This should take into consideration the local circumstances arising from the restrictions imposed by COVID-19 and the needs and views of the child/young person. Importantly, where unable to fulfil s42 duties, decision making should be recorded and the young person and/or parents should be kept fully informed.
I am also attaching a specific presentation issued by the DFE around how students with SEND can be supported on the return to school. I think it is really important that these considerations are taken, specifically slides 12-15 that highlight the importance of conducting a risk assessment for each child with additional needs. We still have a number of outstanding risk assessments returned to the iSEND Service and suggest that now it is more important than ever to return these. Please do circulate and share this presentation with your staff.
Finally, I have attached an open letter from Vicky Ford, Parliamentary Under-Secretary of State for Children and Families to all children and young people with special educational needs and disabilities (SEND), their parents/carers and families, and others who support them.
Kind regards
Simon James