Special Educational Needs: Appeals
The question
To ask the Secretary of State for Education, what guidance her Department provides to local authorities on the SEND support that should be available to children with education, health and care plans while families are awaiting the outcome of a tribunal appeal.
Answered by Georgia Gould
The special educational needs and disabilities (SEND) Code of Practice is statutory guidance for local authorities and other organisations that work with children with SEND. It explains the duties, policies and procedures in Part 3 of the Children and Families Act 2014. The Code sets out the support that families should receive from local authorities whilst they are awaiting the outcome of their Tribunal appeal. It explains that, in such circumstances, local authorities should continue to ensure the provision that is set out in an education, health and care (EHC) plan is delivered. It also stipulates that amendments to the cessation of EHC plans are not lawful whilst an appeal is ongoing. This is to ensure continuity of support for children and young people.
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