03.01 What are the obligations of an LA in relation to children who have SEN but do not have an EHCP?

Noddy 'no-nonsense' Guide

Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
14 Feb 2022

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  • 14 Feb 2022
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    LAs have a general obligation to provide information relating to information about SEN for the CYPs in their area: CFA2014 s32(1).

    For children who have SEN but who do not have (or do not yet have) an EHCP, the LA’s only direct obligations are (1) in considering the need for an EHC needs assessment where that arises (More: Are there any particular rules about when an LA has to undertake statutory assessment of a child or young person’s SEN?) and (2) to “make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them”: EA1996 s19. Note though that the s19 duty to provide what is sometimes called Education Otherwise Than At School (EOTAS) is only a residual safety net for children who are genuinely unable to attend school, and not an easy route to getting the LA to support home-based education.

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    Noddy 'no-nonsense' Guide

    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister