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• 04 Oct 2021

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Welcome to the “Noddy Guide” (Oct 2021)

First produced by David Wolfe 15+ years ago. The first version of the Guide was produced in response to a request from the then-President of the SENT, Rosemary Hughes, for a “Noddy Guide” for what were then known as SENT Chairs (now FTT Judges). It has come to be published as a free public resource to assist all those who deal with SEND law – including judges, legal practitioners, parents and local authorities.

It is now co-written by David Wolfe QC (Matrix Chambers) and Leon Glenister (Landmark Chambers), both public law barristers who have significant experience and expertise in SEN Law.

Given that (1) the Welsh SEN framework is now taking a completely new approach, and (2) any children who had SEN Statements under the Education Act 1996 will either have left school or been migrated onto the EHCP framework, this version focusses on the Children and Families Act 2014 (CFA2014) (and Special Educational Needs and Disability Regulations 2014 (SI 2014/1530) (Regs2014) and Code of Practice (COP2015)) relating to Education and Health Care Plans (EHCPs); also DfE Guidance “SEND: 19- to 25-year-olds’ entitlement to EHC plans” published on 21 February 2017 (Guidance19-25) (which must be read alongside and be applied in accordance with CFA2014 and COP2015: IPSEA v Secretary of State [2003] EWCA Civ 7 [2003] ELR 393). This version of the guide sets out the law only as it applies in England. However, in many respects the new framework essentially replicates the former (and in many respects COP2015 directly reflects case law arising from the EA1996). So it is likely that High Court and Upper Tribunal decisions dealing with the former can be read across to the latter. Some areas are identified where that may not be the case.

The aim of the Guide is to bring together the relevant legal provisions, the COPs, Government guidance and case law (principally from the High Court and Upper Tribunal). However, the Guide is not intended to be a substitute for direct consideration of the legal materials or relevant COP.

This document is a public resource so please download, use, circulate and quote from this document. But please don’t adopt it as your own, let alone in an edited or amended form. Comments are welcome: davidwolfe@matrixlaw.co.uk, lglenister@landmarkchambers.co.uk


 

 



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