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Temporary legislative changes relating to Educational Health and Care Plans

Please find attached a letter from Helen Whatley MP Minister of State for Care and Vicky Ford MP Parliamentary Under- Secretary of State for Children and Families, which we have been asked to share with the families of children and young people with an Education Health and Care Plan. 

The Department of Education has published some temporary legislative changes relating to Education Health and Care Plans:

1. Education, Health and Care needs assessments and plans: guidance on temporary legislative changes relating to coronavirus (COVID-19).  

2. Modification notice: EHC plans legislation changes. 

The power point (EHC plans-Guidance on temporary legislative changes) provides some further guidance from the DfE about the temporary legislative changes, the changes came into force on the 1st of May. In summary the requirements to undertake assessments, issue Education Health and Care Plans and undertake Annual Reviews do not stop but where the Local Authorities ability to gather advice is impacted on as a direct result of Covid 19 then the statutory timescales have been amended (our ability to carry out the statutory process in 20 weeks), this amendment will remain in place until the 25th September 2020. 

The Local Authority, health bodies and schools and settings must continue to use their ‘reasonable endeavours’ to secure or arrange the provision in an EHC plan and we must on an individual needs basis determine what should be provided, for some children and young people the provision as specified in the plan can continue to be delivered, for others the provision may be different to that which is set out in the plan for some, or all, of the time that the notice is in force. 

The requirement to undertake Annual Reviews remains in place and schools have been getting on with these either as a paper based process or where appropriate supporting parents and carers to participate electronically.


Thank You