Q:

08.14 Does the SEP in section F of an EHCP have to be set out in detail?

Noddy 'no-nonsense' Guide

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

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  • 14 Feb 2022
  • Yes

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    Yes. Regs2014 r12(f) requires section F to set out “the special education provision required by the child or young person”, for which see CFA2014 s21(1) (extracted above). It follows that all the SEP has to be set out including things like:

    • Staff qualifications/experience: e.g. “teacher who is experienced in working with pupils who have significant learning difficulties and autism/communication disorders”: R v Wandsworth ex parte M [1998] ELR 424.
    • Where small group work is involved, the size of the group, the length and frequency of the sessions: L v Clarke and Somerset [1998] ELR 129.
    • The need for and amount of 1:1 work: L v Clarke and Somerset [1998] ELR 129.
    • Input from other professionals, such as sessions of speech therapy: R v Harrow ex parte M [1997] FCR 761.

    More: Is there a rule about what counts as SEP?

    Noddy 'no-nonsense' Guide

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