Temporary changes to legislative guidance to Education Health and Care Needs – North Yorkshire County Council response
On 30th April 2020, the Government published the following guidance and modification notice which come into effect on 1st May 2020 and last until 25th September 2020 around timescales for new assessments and from 1st May 2020 until 31st May 2020 around annual reviews and provision for children with current EHCPs. Both of these may be extended or changed.
Guidance:
Modification notice:
https://www.gov.uk/government/publications/modification-notice-ehc-plans-legislation-changes
But what does that mean in practice?
First and most importantly, NYCC remains committed to meeting our statutory duties for children and young people with Special Educational Needs and Disabilities. Any temporary changes to timescales and provision due to Covid-19 are just that and the modification to the law does not change the underlying duties.
Some things haven’t changed at all:
The LA and Health organisations:
MUST still consider new requests for EHC assessment
MUST ask for advice and information from all the professionals involved
MUST seek the views and wishes of the child/ young person and the child’s parent / carer
MUST continue to involve parents / carers and children and young people in any decisions
MUST still undertake statutory reassessments of EHCs
MUST still review EHCPs
MUST still give parents 15 days to respond to a draft EHCP
MUST still give schools 15 days to respond to a consultation for a new placement
MUST still respond to complaints and support the right to appeal
MUST still engage with SEND tribunals