The New Law: Children & Families Act 2014

The education provisions of the Children and Families Act 2014 were implemented in September 2014, alongside a new Code of Practice and new regulations. The legislation provides for a number of changes in the way that special educational needs provision is governed. It has meant that statements of special educational needs will cease, and the new law Children and Families Act 2014 has introduced a procedure for addressing transitions from the statement of SEN in England to a new Education and Health Care Plan. Sinclairslaw will advise you of the key changes which are as follows:

The New Law: Children & Families Act 2014 – by Sinclairslaw

  • Statements of Special Educational Needs will replaced by Education, Health and Care Plans (“EHCPs”) which will last until a child is 25, taking away, in part, the artificial distinction between compulsory education and post-16 education.
  • Learning Difficulty Assessments and Statements of SEN are to be abolished save for transitional arrangements.
  • EHCPs will not continue when the young person attends university or undertakes a full-time apprenticeship.
  • Only the education element of the EHCPs can be appealed to the Special Educational Needs Tribunal.
  • Duty is now placed upon parents to consider mediation as part of an appeal to the SEN Tribunal.
  • There is a new duty for Local Authorities to set out the special educational provision provided in the local area; this is called the “Local Offer”.
  • A new option is available for parents to request a personal budget.
  • A new pilot for allowing children/young people to appeal to the First Tier Tribunal.
  • A new emphasis on promoting integration between services (health, social care, and education).

Specialist Special Educational Needs SEN lawyers serving England and Wales

If you seek advice from our specialist solicitors with over 20 years of experience in SEN legal cases please do not hesitate to call us today. We have a team of highly skilled professionals with a proven track record dealing in the laws relating to the new law – The children and Families Act 2014 – Sinclairslaw – call us today.

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