SEN law

Schools in lockdown

Douglas Silas clarifies how the Government’s lockdown guidance affects schools

As many people, both professionally and personally will already be aware, many schools have now closed because of the Coronavirus pandemic. I thought that it would therefore be helpful to compile here as much (clear) information as I can from what we have gleaned on the internet so far about what happens to SEN provision now.

(1) What is the current situation?

The Secretary of State for Education has announced that most schools were to close on Friday 20 March 2020, but that education was still going to be provided for some categories of children/young people (considered to be ‘vulnerable’), as follows: • Those with social workers; and • All children with Education Health and Care (EHC) Plans. The Government guidance has said that it wants to keep parents in work who are doing vital jobs to support crucial sectors that ensure the country continues to function amid the Coronavirus pandemic. Therefore, a skeleton network of schools and nurseries is set to remain open. The Government is advising parents to speak to their local authority if their child’s school is closed and it will then be the LA’s duty to redirect them to a local school that their child can attend, if necessary. Special schools are expected to remain open during the closures.

(2) Does the Government guidance say anything else?

The Government guidance further says that, if it is at all possible for children to be at home, then they should be, but if a child/ young person needs specialist support, is vulnerable or has a parent who is a critical worker, then educational provision will be available for them.

The government though is encouraging local authorities (LAs) to keep residential special schools and specialist colleges open if possible. Teachers and other staff will continue to work, but many will now do so remotely or online.

Finally, the guidance has said: ‘We should like to reassure parents that they are the best judge of what is right for their child and will not be penalised for keeping a child at home.’

(3) What does this all mean?

Theoretically, this means that schools are being asked to continue to provide care for a number of pupils whose parents are ‘key workers’ (see below), but they are closed to the majority.

Also, provision still needs to continue for children and young people with EHC Plans. Special schools should remain open during the closures, whilst educational settings generally will continue to cater for vulnerable children and pupils whose parents are key workers. LAs still have an obligation to carry out EHC assessments, but staff may be unable to meet deadlines.

(4) What does this mean in practice?

The guidance may have become a bit clearer by the time you read this, but it seems that the majority of children and young people who receive SEN support, but do not have an EHC Plan, will be expected to stay at home, unless they have a social worker or parent/carer who is a key worker.

In summary, Government guidance says the following:

1. If it is at all possible for children to be at home, then they should be.

2. If a child needs specialist support, is vulnerable or has a parent who is a key worker, then educational provision will be available for them.

3. Parents should not rely for childcare upon those who are advised to be in the stringent social distancing category, such as grandparents, friends, or family members with underlying health conditions.

4. Parents should also do everything they can to ensure children do not mixing socially in a way which can continue to spread the virus, and they should observe the same social distancing principles as adults.

5. Residential special schools, boarding schools and special settings should continue to care for children wherever possible.

(5) Who are ‘key workers’?

The Department for Education has said: “If your work is critical to the COVID-19 response, or you work in one of the critical sectors listed below, and you cannot keep your child safe at home, then your children will be prioritised for education provision.” It has then published a list of “key workers” whose children will be prioritised for schooling during general closures, as follows:

(a) Health and social care - This includes frontline health and social care staff such as doctors, nurses, midwives, paramedics, as well as support and specialist staff in the health and social care sector. In addition, those working in supply

About the author

Specialist SEN solicitor Douglas Silas is the Managing Director of Douglas Silas Solicitors.

SpecialEducationalNeeds.co.uk

@douglassilas @douglassilas

chains, including producers and distributors of medicines and personal protective equipment are included.

(b) Education and childcare - This includes nursery, teaching staff and social workers, as the Department has said these workers are required to deliver its plans.

(c) Key public services - Those required to run the justice system, religious staff, as well as those responsible for managing the deceased and journalists providing public service broadcasting are on the list.

(d) Local and national government - The list “only includes administrative occupations essential to the effective delivery of the COVID-19 response or delivering essential public services”, including payment of benefits.

(e) Food and other necessary goods - The list includes those involved in the production, processing, distribution, sale and delivery of food.

(f) Public safety and national security - Police, support staff, Ministry of Defence civilian staff and armed forces personnel are on the list, along with fire and rescue staff, as well as those responsible for border security, and prison and probation staff.

(g) Transport - The list includes those who will keep “air, water, road and rail passenger and freight transport modes operating during the COVID-19 response”.

(h) Utilities, communication and financial services - Staff required to keep oil, gas, electricity, water and sewerage operations running are on the list, along with those in the civil nuclear, chemical and telecommunications sectors. Those in postal services and working to provide essential financial services provision are also included.