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• 11 Jul 2023

• Yes

  Simple

  Thank you for your question. In my opinion and given the information you have provided the answer is Yes.

  Section 61 of The Children and Families Act 2014 explicitly allows for special educational provision (SEP) to be made in a "place at which relevant early years education is provided". You can find more details in question 09.330 in the Noddy Guide, which is available at the following link:

   09.330 Can the LA provide SEP outside of a school or educational institution? 

   

  Furthermore, if you are also asking whether it is possible for some of the SEP specified in Section F (which is where I assume the 'specialist therapies' you refer to are contained) to be provided outside of a school or educational institution, the answer is also yes.  Please refer to question 09.332 in the Noddy Guide:

  09.332 Can only some SEP in Section F be made otherwise than in a school or educational institution?

   

  Note what I refer to as the “inappropriateness test” should be applied to all special educational provision named in section F. Please refer to question 09.333 in the Noddy Guide:

  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? 

   

  Finally, for completeness, the provider of special educational provision shouldn’t – in my opinion – be explicitly named in section F of an EHCp.  See also question 09.335 in the Noddy Guide:

  09.335 Should there be reference to EOTAS in Section F?  

  I hope this information addresses your query. If you have any further questions, please do not hesitate to post again.

   

  

  Sean Kennedy
  Talem Law

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