Does your child have special educational needs or disability arising from negligent treatment?

We receive regular enquiries from concerned parents seeking advice on what to do because they believe that their child has learning difficulties but neither the Local Authority (LA) or school is doing anything about it. Don’t worry because we are able to assist.

The new Special Educational Needs & Disability (SEND) Code of Practice came into force on 1 September 2014 and this provides statutory guidance that both local authorities and schools need to follow in relation to special educational needs.

The Statement of Special Educational Needs has been replaced by the Education Health & Social Care Plan (EHC Plan) and it relates to children and young people aged between 0-25.

Key Points and Legal Thresholds

• The Code points out that the majority of children and young people with SEN or disabilities will have their needs met within local mainstream early year’s settings, schools or colleges. However some children may require an Education Health & Social Care Plan (EHC Plan).

• A Local Authority (LA) must conduct an assessment of education, health and care needs when it considers that it may be necessary for special educational provision to be made for a child or young person aged between 0 – 25 in accordance with an EHC Plan.

• Personal budget/ direct payments – this is an amount of money identified by the LA to deliver provision set out the EHC Plan. It can be requested by the parent or young person and the LA must provide information on personal budgets in the initial Local Offer, including a description of the services across education, health and social care that currently lend themselves to a child or young person with special educational needs; how that funding will be available and how it will secure outcomes specified in the EHC Plan.

We are also able to provide advice to parents who are worried about a child or young person who has been injured as a result of an RTA, spinal injury, birth injury or medical accident resulting in a disability. We are able to obtain compensation on their behalf and to also advice how the disability might affect their education.

If you would like more information on the reforms in relation to special educational needs and/or advice on how to obtain compensation for a disabled child or young person please do not hesitate to contact Inez Brown, Partner on 01905 744823 or at imbrown@hcrlaw.com

Author
Inez Brown
Partner, Head of Clinical Negligence
Direct Dial: +44 (0)1905 744823
Mobile: +44 (0)7824 836 416
Email: imbrown@hcrlaw.com