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in place, but if they cannot do so they would not necessarily be breaching the law. This currently applies from 1 May 2020 to 31 May 2020, but this period may be extended. The DfE guidance on EHC needs assessments and plans during the COVID-19 crisis explains how this might work in practice. For example if the child is attending school: • due to staffing issues there may need to be alterations to the frequency and timing of the delivery of provision in school, for example, moving to a part-time timetable (the guidance also states there should be adjustments to home-to-school transport arrangements to facilitate this); • if the school is closed, there may need to be a temporary placement in another school or a local hub. • If the child is staying at home and it is not possible for direct therapy to be delivered in the home setting, the guidance suggests alternatives such as: • a speech and language therapist delivering sessions via video link • the parent and child travelling to receive the therapy at suitable premises, where this can be done in ways consistent with guidance on reducing the transmission of coronavirus (COVID-19) • an occupational therapist or a physiotherapist video linking to a child’s home and modelling exercises that the parents could do with their child. Again, if there could be a risk to the child or young person’s health, wellbeing or safety if they do not receive a particular provision or intervention, raise this with your school and LA without delay. The guidance on SEN risk assessments referred to above may help your discussion. 5. Do local authorities still need to carry out EHC needs assessments? The DfE guidance on EHC needs assessments and plans during the COVID-19 crisis makes clear that requests for an assessment must continue to be considered. Decisions about whether or not to assess will continue to be made solely on the legal test; an LA must assess where it is satisfied that (a) the child or young person has or may have SEN and (b) they may require support through an EHC plan. If an LA refuses to assess, then it must notify the parents or young person, informing them of their right to appeal. However, the deadlines which previously applied to LAs when considering EHC needs assessment requests have been relaxed. Where it is not reasonably practicable or it is impractical for an LA or other body to meet certain deadlines “for a reason relating to the incidence or transmission of coronavirus (COVID-19)”, they must instead complete that step as soon as it is practicable for them to do so. The timeframes have also been relaxed in relation to a number of other processes relating to EHC needs assessments and EHC plans. The instances where statutory timeframes have been relaxed are: • the handling of requests for EHC needs assessments, decisions whether to issue plans and the preparation and issue of plans • annual reviews of plans • the processes relating to mediation • the processes where there is a change of LA or health commissioning body for a plan • the process for reviewing direct payments • the actions that the LA or health commissioning body must take following an SEND Tribunal hearing. These changes are included in the Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 (the ‘Amendment Regulations’), which amend the timescales in the SEN and Disability Regulations 2014. These changes are in force until 25 September 2020. Importantly, they do not apply where the deadline had already passed before 1 May 2020 – because the Amendment Regulations can only be relied on for the period since they came into force. 6. Will SEND Tribunal appeals continue? The SEND Tribunal has confirmed that hearings will be on paper or by telephone (and, where the technology permits, by video) from Monday 23 March 2020. The Tribunal has published guidance on how telephone and video hearings will be used during the COVID-19 outbreak. With these measures, it is expected that there should be no need to adjourn hearings, even though they may not be able to take place in person. For more information about IPSEA please visit www.ipsea.org.uk About the author Lucy Atherton , Senior SEN Lawyer, IPSEA (Independent Provider of Special Education Advice). IPSEA offers free and independent legally based information, advice and support to help get the right education for children and young people with all kinds of SEN and disabilities. We also provide training on the SEN legal framework to parents and carers, professionals and other organisations. 39 senmagazine.co.uk SEN 107 SEN law