Page 52 - SEN113 SEN Magazine July-August 2021-V3

SEN law Tips for taking on a local authority Laura Robertson-Hayes navigates communication with LAs. 52 No parent should have to fight for their child to receive an education. Unfortunately, many parents are acutely aware that the special educational needs (SEN) of their children are simply not being met but when they try to secure adequate provision, they are faced with barriers. Under the Children and Families Act 2014, all local authorities must support children and young people with SEN (up to age 25) to help them achieve the best possible educational outcome. Government figures suggest that 14.9% or approximately 1.3 million pupils in England have SEN. Of that figure, 3.1% of pupils have an Education, Health and Care Plan (EHCP). Not all children and young people with SEN require an EHCP. In some instances where special educational provision (SEP) is required, the school has the means to provide this within their existing SEN budget. However, with increasing cuts, schools can no longer afford to provide the same level of provision they once could. Recent figures from the National Education Union estimate an annual shortfall in SEND (Special Education Needs and Disabilities) funding of £2 billion. As parents have “An annual shortfall in SEND funding of £2 billion” increasingly found that the provision their child requires is no longer available, they have turned to local authorities to apply for additional support through an EHCP. Common Hurdles Before an EHCP can be issued, an Education, Health and Care (EHC) needs assessment has to take place. Where it is suspected that a child or young person has SEN, this assessment can be requested by the child’s parents, the young person themselves or a teacher on behalf of the school. The decision to perform this assessment falls to the local authority. The local authority will gather information to help them decide whether the child or young person requires SEP that needs SEN113 senmagazine.co.uk