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• 14 Feb 2022

• Yes

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  Yes. In specified circumstances something which is generally provided by the NHS or social services ends up being also treated, in SEN law, as “educational provision” (which then ends up being included as part of the SEP in section F of an EHCP and potentially also in the sections of the EHCP dealing with health care provision or social care provision).

  See CFA2014 s21(5). SEN will include those needs for what would otherwise be health or social care provision that are treated as SEP because they “educate or train” the CYP. It follows that the mere fact that the provision in question might be considered health or social care, or might in practice be provided by a social services department or the NHS, does not mean that it is not to be treated as SEN. It follows that the needs which require that provision, are then SEN. 

  The most obvious effect of this is that speech and language therapy is almost always SEP and so communication needs are almost always an SEN and not just a health care need.

  More: 
  Is there a rule specifying what counts as SEP?
  Can health or social care provision also be educational provision?
  Is Speech and Language Therapy SEP?
  Can learning life skills be SEP?

  Go to Glossary

  

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

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