- Rewards 4492
Welcome to the February 2022 version (a major overhaul) of the “Noddy Guide” (as it has come to be known) which David Wolfe first produced 15+ years ago. The original version of the Guide was produced in response to a request, from the then-President of the SENT, for a “Noddy Guide” to train SENT Chairs (now FTT Judges). (The name ‘Noddy’ indicates straight forward, no-nonsense advice.) The Guide is regularly updated as a free public resource to assist all those who deal with Special Educational Needs (SEN) law in England – including judges, legal practitioners, parents and local authorities. It is now co-written by David Wolfe QC (Matrix) and Leon Glenister (Landmark Chambers), both public law barristers who have significant experience and expertise in SEN Law.
This new version covers the law as it was introduced in England in 2014:
• The Children and Families Act 2014 (CFA2014)
• The Special Educational Needs and Disability Regulations 2014 (SI 2014/1530) (Regs2014)
• The SEN Code of Practice (COP2015)) relating to Education and Health Care Plans (EHCPs) and
• Department for Education Guidance “SEND: 19- to 25-year-olds’ entitlement to EHC plans” published on 21 February 2017 (Guidance19-25) (which must be read alongside and be applied in accordance with CFA2014 and COP2015: IPSEA v Secretary of State [2003] EWCA Civ 7).
Our aim is to bring together the relevant legal provisions, the codes of practice, Government guidance and case law (principally from the High Court and, latterly, the Upper Tribunal). However, the Guide is not intended to be a substitute for direct consideration of the legal materials or relevant code of practice. This is the first edition where links are included to cases and other primary materials, where they are readily accessible (some, particularly older cases, are not publicly available).
The Guide is a public resource, shared under creative commons licence Attribution-NoDerivatives 4.0 International. Please download, use, circulate and quote from it, crediting the authors. Comments on any aspect of this Guide are welcome, particularly omissions or errors: davidwolfe@matrixlaw.co.uk lglenister@landmarkchambers.co.uk
Questions [169]
Questions they have asked
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01.01 Why does the Noddy Guide refer to the EA1996 and cases related to it when SEN law is now in CFA2014?
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Is there a glossary for terms used in the Noddy 'no-nonsense' Guide to SEND law?
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01.02 What is the SEN Code of Practice?
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01.03 Is the SEN Code of Practice binding on local authorities and the FTT?
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01.04 Can the SEN Code of Practice trump the CFA2014?
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02.01 Do all CYPs with SEN have an EHCP?
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02.02 Are all children with SEN educated in a school?
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02.03 Do all children with SEN who attend schools attend special schools?
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02.04 Can a CYP attend a special school without an EHCP?
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02.05 Are the parents of a child with an EHCP legally obliged to send their child to the educational placement specified in that EHCP?
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02.06 Can the parent of a child with an EHCP refuse the placement the EHCP specifies, but insist that the LA still secures the SEP which the plans ...
... specifies in its section F?
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02.07 Must the LA (and then the FTT in an appeal) have regard to any particular factors when exercising its SEN functions?
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02.08 Does the paramountcy principle (which applies under the Children Act 1989 in other areas relating to children) apply here?
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02.09 Does the LA have to consider future benefits to the national economy in how it delivers education?
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02.10 Does higher education fall within the SEN legal framework?
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02.11 Does the LA have to publicise the provision available in its area?
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02.12 Does the LA have to consult prior to making budgetary cuts?
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02.13 Do the SEN provisions in CFA2014 operate in a vacuum?
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02.14 Can the LA end up being responsible for funding an education placement under a social services ‘care plan’?
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03.01 What are the obligations of an LA in relation to children who have SEN but do not have an EHCP?
Answers [158]
Questions they have answered
-
01.01 Why does the Noddy Guide refer to the EA1996 and cases related to it when SEN law is now in CFA2014?
-
Is there a glossary for terms used in the Noddy 'no-nonsense' Guide to SEND law?
-
01.02 What is the SEN Code of Practice?
-
01.03 Is the SEN Code of Practice binding on local authorities and the FTT?
-
01.04 Can the SEN Code of Practice trump the CFA2014?
-
02.01 Do all CYPs with SEN have an EHCP?
-
02.02 Are all children with SEN educated in a school?
-
02.03 Do all children with SEN who attend schools attend special schools?
-
02.04 Can a CYP attend a special school without an EHCP?
-
02.05 Are the parents of a child with an EHCP legally obliged to send their child to the educational placement specified in that EHCP?
-
02.06 Can the parent of a child with an EHCP refuse the placement the EHCP specifies, but insist that the LA still secures the SEP which the plans ...
... specifies in its section F?
-
02.07 Must the LA (and then the FTT in an appeal) have regard to any particular factors when exercising its SEN functions?
-
02.08 Does the paramountcy principle (which applies under the Children Act 1989 in other areas relating to children) apply here?
-
02.09 Does the LA have to consider future benefits to the national economy in how it delivers education?
-
02.10 Does higher education fall within the SEN legal framework?
-
02.11 Does the LA have to publicise the provision available in its area?
-
02.12 Does the LA have to consult prior to making budgetary cuts?
-
02.13 Do the SEN provisions in CFA2014 operate in a vacuum?
-
02.14 Can the LA end up being responsible for funding an education placement under a social services ‘care plan’?
-
03.01 What are the obligations of an LA in relation to children who have SEN but do not have an EHCP?