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Special Needs Jungle
News, resources & informed opinion about Special Educational Needs, disability, children’s physical and mental health, rare disease.
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Category: <span>EHCPs</span>
Home SEND Legal FAQs

SIGN THE 2026 PETITION TO SAVE SEND LEGAL RIGHTS!

Category: EHCPs

What is the difference between s19 EOTAs and s61 EOTAS in an EHCP?

What is the difference between s19 EOTAs and s61 EOTAS in an EHCP?

They are two different legal duties, within the Education Act 1996 and the Children and Families Act 2014, although both can result in education being delivered outside school. Section 19 …

Read more"What is the difference between s19 EOTAs and s61 EOTAS in an EHCP?"

Can the LA change the name of the placement in Section I of an EHC Plan?

Parent Asks: My daughter is in her 2nd year of placement, year 11, and wants to stay for a catch-up in year 12.  Her school agrees she should remain rather …

Read more"Can the LA change the name of the placement in Section I of an EHC Plan?"

If we move abroad, what happens to my child’s EHC Plan?

Parent Asks: I have been offered a job abroad. If I take this job and return to the UK after 2yrs, how will this affect my son, who has an …

Read more"If we move abroad, what happens to my child’s EHC Plan?"

What can I do if an EHCP has been in the “draft” stage for over 1 year?

Parent Asks: The Local Authority keep saying that they have consulted with over 50 provisions and that they have all come back and said they could not meet need. The …

Read more"What can I do if an EHCP has been in the “draft” stage for over 1 year?"

Should the LA specify the needs and provision in an EHC Plan?

Parent Asks: In my son’s draft EHCP it is poorly written, with provisions not addressing each need and with no quantification. This is not to mention errors, the inclusion of …

Read more"Should the LA specify the needs and provision in an EHC Plan?"

I am not happy with the draft EHC plan, what can I do?

Parent Asks: I have just received the draft ehc plan for my 6-year-old. I was not happy and let the coordinator know who arranged a meeting. The coordinator tells me …

Read more"I am not happy with the draft EHC plan, what can I do?"

Can funding for Irlens equipment such as glasses be applied for within the EHCP and how?

Parent Asks: Can funding for Irlens equipment such as glasses be applied for within the EHC plan and how?   IPSEA Answers: An EHC plan is a legal document which, …

Read more"Can funding for Irlens equipment such as glasses be applied for within the EHCP and how?"

When can we apply for a school place?

Parent asks: My son is currently in Year 6 Primary and was diagnosed with high-functioning Autism earlier this year. He has received High Needs Funding for several years, and we …

Read more"When can we apply for a school place?"

Can we name a school in an EHC Plan that is 2 hours away from our home?

Parent Asks: Our son (Y10) has an EHCP naming a local independent specialist school that has gone into liquidation. We are trying to find an alternative specialist school for him …

Read more"Can we name a school in an EHC Plan that is 2 hours away from our home?"

Can an EHC Plan be issued without an Educational Psychology assessment?

Parent Asks: Our LA has agreed to assess for EHCP but since COVID-19, have told us that the Educational Psychologist Service has reviewed our evidence and feel that there is …

Read more"Can an EHC Plan be issued without an Educational Psychology assessment?"

Can my child attend a school outside my local area?

Parent Asks: I would like my daughter to attend in a different borough to where we live. We have just completed the EHCP and have named a school. She is …

Read more"Can my child attend a school outside my local area?"

Can the LA use include my son’s savings as an income?

Parents Aks: Our 16-year-old autistic son attends a residential school 38 weeks a year – coming home at holidays and weekends.  At a recent CIC meeting, we were told that …

Read more"Can the LA use include my son’s savings as an income?"

Who is responsible for implementing the provision in the EHC Plan?

Parent Asks: I know the LA are responsible for implementing the EHC plan but what responsibility does the school have – for example – if an EHC plan was not …

Read more"Who is responsible for implementing the provision in the EHC Plan?"

Can My LA Refuse To Issue A Personal Budget?

Parent asks: I was recently refused a Personal Budget (for swimming lessons for my 16 yr old) they are not something his school provides nor was it on the placement …

Read more"Can My LA Refuse To Issue A Personal Budget?"

How Soon After The Annual Review Meeting Should We Receive A Response From The LA?

Parent asks: When the local authority is amending the EHC plan after the annual review meeting, the SEND Code of Practice states they have to send the original notice within eight …

Read more"How Soon After The Annual Review Meeting Should We Receive A Response From The LA?"

Can the local authority change the wording of the provision in an EHCP?

Parent asks: My daughter has recently had her statement transferred to an EHCP.  The wording of the provision used to specify ” a specialist teacher visiting termly” but now it has been changed …

Read more"Can the local authority change the wording of the provision in an EHCP?"

Can we apply for an EHCP?

Parent asks: My son is 12 years old and is currently in year 8 at secondary school. He has a diagnosis of Dyslexia and has been on the SEN register …

Read more"Can we apply for an EHCP?"
Can I apply for an EHCP if I home educate my daughter?

Can I apply for an EHCP if I home educate my daughter?

Parent asks: I am the parent of a 10 year old girl with high functioning autism. My daughter’s current school have been unable to offer extra support, and as a …

Read more"Can I apply for an EHCP if I home educate my daughter?"

My daughter’s draft EHCP is vague

I have just received my daughters draft EHCP. I have read it and am a bit worried that it is not totally accurate. For example, they have stated the type …

Read more"My daughter’s draft EHCP is vague"

What is the defintion of ‘Education’ used in the Education Health and Care Plan?

Parents Asks: What definition of ‘education’ is used in Education Health and Care Plans? Does educational provision just cover access to the National curriculum or does it cover the wider …

Read more"What is the defintion of ‘Education’ used in the Education Health and Care Plan?"

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SNJ is run by volunteer parents. Everything on SNJ is free to use, but if you like what we do, and you want us to keep doing it, a small donation towards running costs would be really appreciated.
What evidence do I need to collect to apply for an EHC Plan?What evidence do I need to collect to apply for an EHC Plan?January 17, 2023Special Needs Jungle
Can I apply for an EHCP if I home educate my daughter?Can I apply for an EHCP if I home educate my daughter?May 5, 2017Marguerite Haye
The SNJ/DfE SEND system Flow ChartsThe SNJ/DfE SEND system Flow ChartsFebruary 15, 2015Special Needs Jungle
EHCP Assessment: SNJ's "Get started" ChecklistEHCP Assessment: SNJ's "Get started" ChecklistApril 3, 2008Tania Tirraoro
What should the school be doing when my child cannot attend school due to their anxiety?What should the school be doing when my child cannot attend school due to their anxiety?April 14, 2023Special Needs Jungle
ContactContactSeptember 16, 2011Tania Tirraoro
Provision hours for 1:1 supportProvision hours for 1:1 supportDecember 18, 2014Tania Tirraoro
Browse by subjectBrowse by subjectOctober 1, 2024Tania Tirraoro
SEND Legal FAQs & ResearchSEND Legal FAQs & ResearchOctober 11, 2023Tania Tirraoro

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SEND Knowledgebase

  • Upper Tribunal ruling: EOTAS, home provision and school placement
  • Research: AI, welfare, climate and inequality: What could shape disabled people’s lives in the UK over the next 20 years?
  • The LA responsible for an EHCP does not have to be the same local authority responsible for social care
  • What is the difference between s19 EOTAs and s61 EOTAS in an EHCP?
  • Refused an EHCP for college!
  • Is my ADHD son being discriminated against for his behaviour?
  • Is my ADHD son being discriminated against for his behaviour?
  • How can I ensure my child’s in-school therapy is provided by a professional?
  • Can the LA change the name of the placement in Section I of an EHC Plan?
  • Does the LA have to maintain the provision in the EHCP if parents are home educating?
  • Can you still appeal Section I if your parental choice is named with conditions?
  • What should the school be doing when my child cannot attend school due to their anxiety?
  • If we move abroad, what happens to my child’s EHC Plan?
  • When applying for an EHCNA can we ask the LA to consider our EP report?
  • We have moved from England to Wales where can we get help?
  • Where can I get help with a disability discrimination claim?
  • What can I do if an EHCP has been in the “draft” stage for over 1 year?
  • What type of placement can be named in Section I of the EHC Plan?
  • Can I be forced to send my child to a special school?
  • Can an alternative provision be named in an EHC Plan?
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