SEND (EHCP) Tribunal Reports
Children and young people with Special Educational Needs (SEN) do not always thrive and achieve their full potential in mainstream early years provisions, schools and colleges. However, due to ever tightening local authority budgets, a mainstream educational provision is sometimes all that is offered by Local Authorities. Whilst mainstream provision sometimes meet the needs of learners with Special Educational Needs, they do not for everyone and some people require specialist colleges at a significant cost to the local authority.
Some children with SEN require an Education, Health and Care Needs Assessment to determine whether the local authority should make provision for them in accordance with an Education, Health and Care Plan (EHCP). An EHCP is a document that makes special educational provision to meet the SEN of children and young people. This ensures that the right outcomes are achieved across education, health and social care as they transition into adulthood.
The First-Tier Tribunal (Special Educational Needs and Disabilities) provides a vehicle through which a person, or their representative, can appeal against the contents of an EHCP or Statement of Special Educational Needs if you live in Wales.
A national trial began on 3 April 2018 to extend the power of the SEND tribunal and concluded in August 2021. The extended powers mean, as part of a special educational appeal, the Tribunal can make non-binding recommendations on the health and social care aspects of a person’s EHCP in addition to binding decisions about educational provisions. In July 2021, it was announced by the Department for Education that these extended tribunal powers would continue.
We can be instructed to complete a Mental Capacity Assessment (which is fundamental to the tribunal process and applies to anyone over the age of 16 who might lack capacity to make decisions about their education, residence and care) and a child or adult care needs assessment. A care needs assessment will identify exactly what a person’s care and support needs are and the type of provision required to meet them. Our reports set out how the person’s needs relate to sections B or D of their EHCP and the provisions required in sections F or H. Our independent social work reports assist judges and panel members when making decisions about a person’s EHCP.
We are experienced Social Workers in Adults and Children’s Social Work. This is important because EHCP’s can be maintained until a young person is 25 years old, it can span children’s and adult social care. We can be instructed by solicitors representing families or directly by families. Please contact us if you would like to find out more.
The SEND Code of Practice states that EHC Plans should be, “clear, concise, understandable and accessible to parents, children, young people, providers and practitioners. They should be written so they can be understood by professionals in any local authority.” We adopt the same principles in our reports. That is why, as well as completing a comprehensive care needs report, we will also (when appropriate) complete a simple, one-page summary of our report written to the young person to explain the conclusions we have reached.
