News

Personal Budgets have become more popular for Parent’s and young people over the last few years, and they have proven to be very effective 

Once a child or young person has an Education Health and Care Plan in place, the Local Authority have a duty to ensure the provision set out in the plan is made for the child or young person 

Normally, The Local Authority provide the necessary funding for provision to a school or college directly However, The Children and Families Act 2014 provides that a Personal Budget is an amount of money identified by a Local Authority to enable a parent or young person to make their own arrangements to secure the provision which is set out

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This time of year seems to be a very busy time for Annual reviews and over the last couple of weeks we have attended several with our clients It is important that they are held promptly, particularly if your child is coming up to a phase transfer at the end of this academic year They are also an invaluable tool if the current placement is not working, or you wish to seek a change of placement

In the current climate of hard pressed Local Authorities (LA’s), rising demand and unprecedented financial constraints not all LA’s are complying with their statutory obligations in respect of the Annual Review (AR) process

Just as a reminder all LA’s are under an obligation to review

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The Ombudsman can investigate a complaint that a Local Authority has failed to appropriately address a child’s special educational needs (SEN) This includes delay in assessing a child and issuing an Education Health and Care Plan (EHCP) and failing to implement an EHCP or carry out an annual review

If your child has an EHCP, the Local Authority has an obligation to work with the school to ensure your child gets the provision set out the plan The Ombudsman can look at the school’s role in delivering the provision and how the Local Authority ensured the school provided the support as set out in the EHCP If you complain about the Local Authority failing to arrange and maintain the specified provision,

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To secure an EHCP for your child or young person a request first must be made for an Education, Health and Care Needs assessment to the Local Authority This request can either be made by you as parents, by the young person or by your child’s school

It may be the case that your child’s school refuses to make the request Our experience is that many schools are not fully aware of the legal test and therefore sometimes parents are told that their child will not qualify for the assessment when there is overwhelming evidence as to the extent of their needs and the need for an assessment

A request can be made by sending a letter setting out why you

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When a child or young person who has an EHCP moves into a new Local Authority area, the EHCP will need to transfer to the new Local Authority

Regulation 15 of the Special Educational Needs and Disability Regulations 2014 sets out the legal requirement for the Local Authority when a child with an EHCP moves into the new area

It is helpful to notify the new Local Authority that you will be moving into the area as the transfer of the EHCP will not happen automatically The transfer can happen on the day of the move or within 15 working days of the Local Authority becoming aware of the move

Within six weeks, the Local Authority will notify the parent or young

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500 more NHS supported internship opportunities for young adults with Education Health and Care Plans

DFN Project SEARCH have entered into a strategic partnership with NHS England, Health Education England, NHS Improvement and NHS Employers to set up 42 new funded supported internship programmes providing 500 placements in Hospital Trusts across England by September 2022 This is a great opportunity for young adults with education, health and care plans (EHCPs) to access these supported internship programmes with a clear goal of transitioning into work

DFN Project SEARCH already partners with over 40 hospitals across the UK, 70% of these interns move into work and 60% secure full-time work There is clear evidence that this transition to employment pathway works and creates

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Vicky Ford, the Parliamentary Under-Secretary of State for Children and Families has written a letter to highlight the key information and support which is provided for children and young people with SEND as they return to school today (8th March 2021) in line with the Government’s roadmap announced on 22nd February 2021

Please see the link below to Miss Ford’s letter

Minister Ford’s Open Letter 5th March 2021

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Further, please see below the open letter from Vicky Ford MP, Parliamentary Under-Secretary of State for Children and Families

Open Letter from Vicky Ford MP

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