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COVID-19
What lockdown means for parents Rukhsana Koser explains key implications of the Coronavirus Act for parents of children with SEN School closures and EHC plans As parents, you will know how best to keep your child safe and, if it is safer for your child to be at home at this time, you are fully entitled to keep them at home, even if your child’s school or local authority (LA) is offering them education as a child with an education, health and care (EHC) plan. Just because they are not in school does not mean the child will lose their school place or the provision in Section F of their EHC plan. If you consent to changes to, or reductions in, your child’s provision contained in Section F of the EHC plan during this outbreak you will not be considered to have agreed a permanent change to support recorded in your child’s EHC plan.
Coronavirus Act 2020 The Government introduced new legislation in response to COVID-19 which allows LAs to use their reasonable endeavours to ensure that provision and support in Section F of the EHC plan continues to be available to meet EHC needs and to prioritise their efforts to support those with the most complex SEN106
The appeal process may be slower, which simply reinforces the need to lodge appeals promptly
needs. The Coronavirus Act 2020 offers flexibility to LAs in respect of Special Educational Provision (detailed in Section F of the EHC plan) enabling LA’s not to deliver some or all of the provision contained in an EHC plan if it is not reasonable to do so at this time. Obviously, the risk of temporarily downgrading the duties of the LA means that parents and young people could find it difficult to take action against the LA to enforce provision required to meet their child’s needs in the interim. The correct way forward will need to be considered on a case by case basis. senmagazine.co.uk
