The final pieces of the SEN jigsaw

August 31st, 2014

Even when I’ve been working through the summer, I still get that back-to-work feeling at the end of August. The feeling is stronger than usual this year, perhaps because it is not just a new school year but a whole new regime for SEN. Those of you who are coming to 11KBW’s special education law conference on Wednesday will have the chance to spend a whole morning thinking about the changes. For the rest of you, here is an update as the last few pieces of the legislative jigsaw fall into place.

The Children and Families Act 2014 (Transitional and Saving Provisions) (No. 2) Order 2014 was made on 26 August and comes into force on 1 September. This is accompanied by the statutory guidance: Transition to the new 0 to 25 special educational needs and disability system. This is the final version of the guidance that I posted about in June.

I also posted back in June about the Special Educational Needs (Personal Budgets) Regulations 2014. These have been amended by the Special Educational Needs (Miscellaneous Amendments) Regulations 2014, which add new regulation 4A. The amendment provides (in summary) that a local authority is not required to prepare a personal budget in respect of any provision which the local authority secures by making an aggregate sum to a third party, if the notional amount for that individual’s provision cannot be disaggregated from the aggregate sum because this would have an adverse impact on other EHC plan services or this would not be an efficient use of the local authority’s resources.

The amendment regulations also make a minor amendment to the Special Educational Needs and Disability Regulations 2014, so that it is clear that regulation 20 (which sets out the process for reviewing statements) applies only to children and young persons who attend a school or institution.

Finally, the Special Educational Needs (Code of Practice) (Appointed Day) Order 2014 has been made, which provides that the Code of Practice (published in July) will come into force on 1 September.

Rachel Kamm, 11KBW

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