Page 13 - SEN107 SEN Magazine July-August 2020
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plan) and instead they would only need to show that they had   used “reasonable endeavours” to discharge their duties.  Did the guidance say anything else?  Yes, the guidance was extremely detailed (it had been clearly   drafted over a long period of time) and also explained how   the accompanying Special Educational Needs and Disability   (Coronavirus) (Amendment) Regulations 2020 could now affect   how things would work. It also explained the effects of the   changes but said that timescales for the key elements of the   processes relating to EHC needs assessments and plans   were unchanged. It explained and gave examples of how local   authorities might need to adapt to manage the processes   relating to EHC needs assessments and plans, as well as issues   such as annual reviews which they said may, in the current   circumstances, need to take a different form from the usual.   For example, it said that they may need to have information   gathered electronically for it and the meeting may need to   be held by phone or as a virtual meeting with professionals   contributing to the review perhaps needing to base their opinion   on information already available, or in discussion with the   family, because they might not be able to meet the child or   young person directly. It added that: “While meetings might   take a different format, they should still involve all the key   professionals wherever possible.”  What was the reaction?  Unsurprisingly, there were concerns expressed by some   involved personally and professionally with children and young   people with SEN, including those representing them indirectly   through their parents. A number of people expressed concerns   that it would be difficult to now challenge any failure to exercise   “reasonable endeavours” in any case. Some people also   expressed concern about the significant relaxation of deadlines   now for many of the steps in the EHC assessment/plan process,   pointing out that local authorities were being given wide-ranging   powers/grounds to delay doing many things which they would   otherwise need to do with much stricter deadlines. However,   it was also noted that the wording in the regulations provided   that the relevant authority would not have complete carte   blanche of not complying with legal deadlines, unless they   could clearly show that it was “… for a reason relating to the   incidence or transmission of coronavirus.”  So what has actually been affected?  With respect to timescales, the changes are wide-ranging and the   key timescales which have been relaxed by the regulations are:  •  the need to respond to request for EHC needs   assessments;  •  decisions whether to issue EHC plans after an assessment;  •  the preparation and issue of EHC plans;  •  annual reviews;  •  mediation processes; and  •  actions required by local authorities and health   commissioning bodies after Tribunal decisions making   non-binding recommendations under the National Trial.  However, it is also very important for me to point out that,   whilst these are extensive changes and relaxations, they are   only meant to be of a temporary nature, although the disruption   also caused by school closures means that there could well   be many cases where the usual timescales slip considerably.  It is also important for me to point out that a number of things   have not changed, such as:  •  the duty on an local authority to consider new requests    for EHC needs assessments;  •  the need for a local authority to still secure all the   required advices during an assessment before it can   make a decision on whether or not to issue an EHC plan;  •  the opportunity for parents or young persons to provide   their views and make representations on the content of   any draft EHC plan;  •  the rights of appeal to the SEND Tribunal (although they   have now adopted video hearings, as well as allowing   more cases to be dealt with through paper hearings).    About the author  Specialist SEN solicitor   Douglas Silas   is the Managing   Director of Douglas Silas   Solicitors.  SpecialEducationalNeeds.co.uk     @douglassilas   @douglassilas   SEN laww  ■  Deadlines may be relaxed because of the new law.  senmagazine.co.uk  SEN  107  13  SEN la


































































































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