Guidance for parents and carers
Updated 4th May 2020
SENSAP, Learning Inclusion and our administrative teams will continue to work from home (in line with government guidance) to support settings and families at this critical time and will aim to respond as quickly as we can to any communications or queries and continue fulfil our statutory duties.
On May 1st 2020, during the Covid-19 pandemic, the government has temporarily amended the SEND Legislation in 2 main ways:
1. Section 42 of the CFA 2014 (duty to secure special educational provision and health care provision in accordance with EHC plan): the duty on LAs or commissioning health bodies to secure or arrange the provision is temporarily modified to a duty to use ‘reasonable endeavours’ to do so. This modification must be reviewed monthly by the Secretary of State
This means that it is likely that your children or young person’s provision will be different to that which is set out in their EHC plan, for some, or all, of the time that the notice is in.
Schools and settings are working with families to provide educational support either in school or at home. If you have concerns, please talk to your setting in the first instance. You can also contact us at SENSAP@leeds.gov.uk
2. The SEND (Coronavirus) (Amendment) Regulations 2020 amend Regulations that specify timescales that principally relate to EHC needs assessments and plans. Where it is not reasonably practicable, or is impractical, to meet that time limit for a reason relating to the incidence or transmission of coronavirus, the specific time limit will not apply - process must be completed as soon as is reasonably practicable. This modification is in place until 25th September 2020
It is important to notes that duties in law over EHC needs assessments and plans have not been ‘turned off’ - all other aspects of SEND law remain in place.
Please see the attachment for the full update.