Can I find the latest updates to the Noddy No-nonsense Guide to SEN law?
Noddy No-nonsense Guide
Authors: David Wolfe KC, Leon Glenister
06 Nov 2022
A: SenseCheck
- 3 Yes
- 0 No
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- 24 Mar 2024
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Revisions to the Noddy No-nonsense Guide to SEN law
March 2024New Questions & Answers
- 02.19 Does the LA need to take extra steps to pay “due regard” under the PSED when delivering SEP in an EHCP?
- 04.036 Does the LA have a deadline by which to amend a plan where a CYP is transferring between phases of education?
- 04.037 Can a parent request a reassessment of the CYP?
- 06.04 Are there time limits in respect of the preparation of an EHCP?
- 09.34 Should a placement be named in Section I where there is a slow transition to that placement?
- 09.355 Can a parent or young person express a preference for a school outside their own LA’s area?
New case law
- R (Imam) v Croydon [2023] UKSC 45
- R (AI) v LB Wandsworth [2023] EWHC 2088 (Admin)
- R (W) v Hertfordshire CC [2023] EWHC 3138 (Admin)
- AA & BB v Bristol City Council [2023] UKUT 52 (AAC)
- Westminster CC v FTT [2023] UKUT 177 (AAC)
- LC and RC v Hampshire CC [2023] UKUT 281 (AAC)
Additional references
Useful information is available in our partner publication: Disability Law in Education No-nonsense Guide
24 Mar 2024
- 29 Mar 2023
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Revisions to the Noddy No-nonsense Guide to SEN law
March 2023Fully revised and expanded section
09 EHCP section I: Where parents seek non-school placement such as EOTAS- 09.330 Can the LA provide SEP outside of a school or educational institution?
- 09.331 Does the LA have to engage with the parents or young person before providing EOTAS?
- 09.332 Can only some SEP in Section F be made otherwise than in a school or educational institution?
- 09.333 In order to determine whether it would be inappropriate, do you just ask whether the provision “can” be made in a school or education institution?
- 09.334 Is it enough to show it is inappropriate for SEP to be made in the LA’s preferred school or educational institution?
- 09.335 Should there be reference to EOTAS in Section F?
- 09.336 Should there be reference to EOTAS in Section I?
- 09.337 Can parents agree to provide some EOTAS?
- 09.338 Is elective home education the same as EOTAS under CFA2014 s61?
- 09.339 Is the LA’s duty to provide suitable education under EA 1996 s19 the same as EOTAS under CFA 2014 s61?
New Questions & Answers
12 Tribunal procedure
Revised Answers
07 EHCP section B (special educational needs)
08 EHCP section F
12 Tribunal procedure
Question & Answer same, but relocated
29 Mar 2023
- 06 Nov 2022
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Yes
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Revisions to the Noddy No-nonsense Guide to SEN law
November 2022New Questions
- 02.15 Are there rules for determining which LA is responsible for a CYP’s special educational provision?
- 02.16 If a CYP moves into another LA area, does the EHC Plan transfer to the new LA?
- 02.17 If an LA is responsible for maintaining and securing provision in an EHC Plan, are they automatically responsible for funding the provision?
- 02.18 Can the FTT determine a dispute between LAs on responsibility for an EHC Plan, or funding provision in an EHC Plan?
- 04.035 Does the LA have to review an EHCP?
- 08.155 Does section F have to be more specific if the child is receiving education otherwise than at school?
- 08.26 Does the FTT have to consider what a placement must provide by way of ‘reasonable adjustments’ when considering SEP?
- 09.085 Should the FTT consider the impact of transition on a CYP when determining placement?
- 09.135 Are the resources taken into account in s39(4) only those of the LA?
- 12.34 Can you argue before the UT a point which was not in issue before the FTT?
- 12.35 Are UT authorities binding on the FTT and UT?
Amended Questions- 08.02 Is there a rule specifying what counts as SEP?
- 08.06 Can health or social care provision also be educational provision?
- 08.15 Does section F have to specify things like how much provision a child or young person requires, and how often?
- 08.21 Can an EHCP leave matters in section F by a future assessment?
- 09.13 Can the LA/FTT refuse to name a requested s38(3) placement simply because it costs a bit more? (see also new question 09.135)
- 09.23 When deciding if extra cost is reasonable under EA1996 section 9, does the LA/FTT only look at educational benefits of the parental placement?
- 09.24 Can an LA/FTT approach EA1996 s9 on the basis that any extra cost for a parental placement is “unreasonable”?
- 10.02 Can an LA just cease to maintain (i.e. terminate) an EHCP?
- 12.30 Are there particular rules about reviews/appeals?
- 12.32 Is a UT appeal just a re-run of the FTT?
In addition, download Noddy No-Nonsense Guide to SEN law 2022
The Guide can be downloaded as a pdf or you can search by question, here on the Support SEND Kids site. Accessing the Guide here allows you to find the content you need quickly, comment and ask questions of the authors & SEN community.
06 Nov 2022
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