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Judicial Review: is this the solution to all of your EHCP problems; is this a ‘quick fix’? Judicial Review – you will undoubtedly have seen this mentioned by SEND families, and it is often lorded as the answer to EHCP procedural difficulties: ‘just do a JR’. So, is that it? If you don’t agree with the LA – JR? If you don’t want to wait for a SENDIST Hearing – JR? You are 10 days over the 20 week timescale for EHC NA – ‘just do a JR?’ Let’s look into this and think about exactly what Judicial Review is. "Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached." Courts and Tribunal Judiciary, Judicial Review "Judicial review should only be used where no adequate alternative remedy, such as a right of appeal, is available." Ministry of Justice, Pre-Action Protocol for Judicial Review, para 5 Judicial review will generally only be appropriate where there is no adequate alternative remedy, such as a statutory right of appeal, and it’s not always a quick, or cheap fix. Key Points: If it’s an appealable decision – judicial review is not the step to take. Refusal to Assess, Refusal to Issue, B,F and I, or Section I must be appealed to the First Tier Tribunal – judicial review will not circumnavigate this and will not speed this process up. Judicial review challenge the way a decision has been made, not the outcome of the decision itself. A judicial review can be brought against the decisions, actions, or failures to act of a public body exercising a public function. For education this means: Local Authorities Admission Appeal Panels School governing bodies, maintained nursery governing bodies and further education governing bodies when exercising public functions Independent review panels for permanent exclusions Government departments and ministers In addition to the above, you must put in for your judicial review in good time, meaning ‘promptly and no later than 3 months’ after the decision or action (or inaction) that you are seeking to challenge. Failure to do so means that the courts can refuse the claim. For EHCP matters this will include: Failure to secure attendance at, or arrangements for, the educational placement specified in Section I of an EHCP. Failure to conduct annual reviews. Delay in EHC needs assessments. Failure to meet phase transfer deadlines. Failure to provide Section 19 education. Failure to secure Section F provision. Integrated Care Board withdraws Section G (of the EHCP) provision To take judicial review action, you will need to evidence that the public body has not acted ‘reasonably’. Reasonable can be defined as a decision that a lawful, informed, and rational public body could have reached, even if other reasonable people might have reached a different decision. Unreasonable can be defined as a decision so irrational that no reasonable public body, properly directing itself in law and considering the evidence, could have reached it. Judicial review is not concerned with whether a decision was simply wrong, nor whether the court would have reached a different conclusion. Instead, it examines whether the decision was made lawfully. A claimant must identify one or more recognised grounds for judicial review, such as illegality, procedural unfairness, or irrationality. Where irrationality is relied upon, the threshold is high. The court will generally only intervene where a decision is so unreasonable that no reasonable public authority could have reached it, as established in Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223. Judicial review proceedings are complex and are often defended by solicitors and barristers acting on behalf of the public authority. Proceedings can be lengthy and procedurally demanding. For this reason, claimants are strongly advised to obtain specialist legal advice at the earliest opportunity. Judicial review should not be undertaken lightly. It is generally a remedy of last resort and should only be pursued where there is no adequate alternative remedy, such as a statutory right of appeal. A judicial review claim will normally begin with a Letter Before Claim sent under a Pre-Action Protocol (PAP) sent in accordance with the Pre-Action Protocol for Judicial Review. The purpose of this letter is to identify the issues in dispute and give the public authority an opportunity to reconsider its position before court proceedings are commenced. In some cases, a local authority may review its decision when it received a Letter Before Claim. In other cases, it may maintain its position and respond to the allegations made. A quick fix? Not usually. Judicial review proceedings can be lengthy, procedurally complex and costly, particularly where a case progresses through the full High Court process. However, some cases are resolved earlier, for example following a Letter Before Claim or during the early stages of proceedings. Before considering judicial review, carry out thorough research and obtain specialist legal advice wherever possible. This overview is intended as a general introduction only and should not be relied upon as legal advice. If you are considering judicial review, we can provide some limited capacity to support families through the judicial review process or we recommend seeking advice from a solicitor or barrister with specific expertise in public law, SEND law and High Court litigation. For more information about our judicial review services, please email appeals@empoweringSENDfamilies.co.uk You will also find lots of useful video clips and free video and ‘podcast’ resources in our YouTube library here. If you have any questions come and find us on our Facebook Group, we are always available to provide professional support there. For more general information about how Empowering Families can help you email admin@empoweringSENDfamilies.co.uk And book a meeting with us here We are, and always will be, Stronger Together.  You can find testimonials to our bespoke services on our website and Facebook business page - here

Phase transition is the move between one phase of education and another, specifically: Early years education (nursery) to school Infant school to junior school Primary school to middle school Primary school to secondary school Middle school to secondary school Secondary school to a post-16 institution For all children with an EHCP in their final year before a transition to a new phase of education, local authorities have a legal duty to review and amend the child's EHC plan to ensure that an appropriate next setting is named. For all transition except to post-16, the local authority must finalise the updated plan is 15th February in the year in which the child transfers. What are transition years? Transition years are when your child moves to a new phase of education. A transition year is detailed in Regulation 2 of the SEN and Disability Regulations 2014: (a) early years education to school; (b) infant school to junior school; (c) primary school to middle school; (d) primary school to secondary school; (e) middle school to secondary school, or, (f) secondary school to a post-16 institution. This is often called a “phase transfer”. What happens to an EHCP during a transition year? Regulation 18 of the SEN Regs states that the EHC plan must be reviewed and amended before: (a) 31st March if the transfer is from secondary school to a post-16 institution; (b) 15th February in any other case; or (c) if a young person is moving from one post-16 institution to another post-16 institution at any other time, at least five months before that transfer takes place. Transition Review Meeting: An annual review meeting must be held to start the phase transfer annual review process in the autumn term of the year before the child or young person moves to a new school. These are called Transition Review Meetings. For more help with how to make the best use of a phased transfer review meeting our Phase Transfer Annual Review webinar here will be useful or consider booking bespoke appeal support. More details of the bespoke support options can be obtained by emailing annualreviews@empoweringSENDfamilies.co.uk Following the Transition Review Meeting: LA reviews the plan; LA sends proposed amendments and a copy of the plan (with section I left blank) to the parent or young person within four weeks of the transition review meeting; The parent or young person has at least 15 days to respond to the LA’s proposed amendments/content of the plan and to either request that a particular school be named (see our blog Choosing a School for more information); LA issues a final amended plan, with notice of appeal rights, by the statutory deadlines in Regulation 18. For more details about schools, see the our blog Questions & Queries: What if my school doesn’t arrange a transition review in the autumn term? Ask the school to arrange a meeting. If they don’t, make a formal complaint to the LA using this model letter. What if I don’t get a decision and proposed amendments or final plan in the timescales? Put in a formal complaint to your LA using these YouTube Clips to help you. What if I don’t get an update naming the next placement by 15th February or 31st March? Make a formal complaint to the Director of Services at your LA, stating that your child has an EHCP and is in a transition year, and the LA has failed to update their EHCP to name their subsequent placement by the statutory date. Where do I go from here? If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email annualreviews@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

As families of children and young people with SEND, we are on a journey without a known destination. The road travelled can be rougher than that experienced by other families, and we can feel as if we are alone in the wilderness without a map to guide us safely onwards. Yet we are expected to keep marching on, indeed we have little choice but to keep going once more unto the breach. Along the way, we pick up more information, gather evidence of which route to take, and learn – often by trial and error – how to avoid the pitfalls and slippery slopes back onto the path we started on. We begin that shift from being those asking, to those telling. We start to see the ‘authorities’ who we believed would be our strongest supporters as gatekeepers who are not always so willing to unlock gates. Our SEND children’s transitions are more involved and take more planning – from one member of staff to another, from one class to the next, and from placement to a new placement. All are more complex than for those without SEND and involve more parental and family involvement. The potential for conflict can be high, due to the complexities of needs and lived experience of poor support. In addition to this, ‘every transition begins with an ending’ It’s a time of increased emotional impact to all involved. Letting go of what we know – even if it is not working – and trusting in the next step can be hard. With each transition, as our children become young people and adults, we have to let go a little and trust a little more. This can be extremely difficult; our children and young people can miss so many milestones and rites of passage as they get older. We can feel both happiness that we have accomplished so much, yet such sadness due to the many bridges they still have had to cross to get here. Many parents have quietly mentioned that they have mixed emotions that they struggle to discuss with those who ‘just wouldn’t get it’. When they discover that this emotional response is valid and recognised, the relief from validation is huge. The word choice could be better; however, the term is ‘Chronic Sorrow’. It is experienced cyclically as each next event causes us to relive the previous. Applications for EHCP, Annual Review, Appeal, Placement, Exams, Post 16, onwards. If any of these past events caused heightened emotions, sadness, or anxiety these often resurface at the next transition. They can surface when friends and family discuss their own children’s achievements and life goals that we know our children will struggle to achieve. We congratulate our friends, but inside we have a feeling akin to grief for the life we would have wished for our children. This is a natural response to lived experiences where we have had to take steps we have not been trained to take, did not expect to have to face and have had to learn along the way. Many parents have expressed guilt because they experience these feelings and choose not to share this with anyone. Sharing an emotional response is important, and we must all come together and show compassion, help to identify the triggers in ourselves for these emotions and to help others with acceptance that this is valid and natural, and not be judgemental. This is not a pathological sorrow, it’s a natural sorrow. This is not about us and our relationship with our children and young people. This is not us ‘wishing our children were different’, our beautiful, amazing children and young people are loved beyond measure, without question. This emotional response is from outside factors, the fights and anxieties we face each day to ensure our children and young people reach their own individual potential, and all the unknowns. We are allowed to feel this, we do not have to be superhuman, just human. Talk to each other, no judgements, no top trumps of who copes better. We are all getting by the best we can, but finding your Tribe of those who understand is so important. This is what we do on our Facebook group, support each other with care and compassion. Together we are stronger. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

This article explains which parts of an EHCP must be provided, who is responsible for providing them, and what to do if provision in a plan is not being provided. Must the provision in an EHCP be provided? Some sections of an EHCP are for information only and are not legally enforceable. An example is Section A. Other sections of an EHCP are legally enforceable. Section F is the key legally enforceable education section. It must set out all of the Special Educational Provision (SEP) required to meet the Special Educational Needs (SEN) set out in Section B. Your LA has a legal duty to provide all of the provisions detailed in Section F. Who is responsible for making EHCP provision? Your Local Authority (LA), not the school, has a statutory duty to ensure that all special educational provision in Section F of an EHCP is delivered. Your local authority (LA) must make sure that all of the special educational provision specified in Section F of the EHC plan is delivered. This legal duty is set out in Section 42(2) of the Children and Families Act 2014. In practice, the day-to-day delivery of Section F provision is usually delegated to the school; however, the legal responsibility to make sure it is delivered remains firmly with the LA. The LA is legally responsible for ensuring that: The school and college staff have the finances necessary for resources, training, and equipment; Any therapies such as speech and language therapy, occupational therapy, physiotherapy, or the services provided by CAMHS (Child and Adolescent Mental Health Service) are delivered, if these provisions are in Section F. There is no legal defence for failing to secure the special educational provision in an EHC plan. The LA must also ensure sufficient funding to secure the provision specified in Section F. Find our more about enforcing an EHCP here. What does the law and case law say about the LA's duty to provide EHCP provision? The LA: Must ensure the provision is made from the date the EHC plan is issued. BA, R (on the application of) v Nottinghamshire County Council [2021] EWHC 1348 (Admin) | (IPSEA) Independent Provider of Special Education Advice Cannot pass the duty on to another body (such as the health service or a school). R v London Borough of Harrow ex parte M [1997] ELR 62 | (IPSEA) Must provide the provision set out in an EHCP, not something different. N v North Tyneside Council [2010] EWCA Civ 135 | (IPSEA) Cannot use practical difficulties (including financial ones) as an excuse for not providing provision in an EHCP. R (LB) v Surrey County Council [2022] EWHC 772 (Admin) | (IPSEA) What should you do if your child is not receiving the provision set out in their EHCP? Firstly, discuss any problems with your child's SENCo and headteacher. You might be able to find a quick solution with the school. If informal discussion with the school is not successful make a formal complaint to your LA (not school) - there is a clip in our YouTube channel to help with this Failure to deliver the special educational provision in an EHC plan is a very serious matter. It may result in a child missing out on education altogether. But an EHPC is only legally enforceable if it is written lawfully and specifies all of your child's needs and all of the provision they require. If you are having difficulties getting the support you need because the EHCP is not specific enough, you need to check your child's EHCP. Is it lawfully worded? Are all their needs specified? Is all the provision they require specified? Check out this blog for more information. And once you have identified the changes needed to your child's EHCP, ask for an early annual review of the EHCP and use this process to improve the detail in Sections B and F. If your LA decides not to amend the EHC plan following the annual review, or if you still feel the provision in the plan is not specific enough, you can appeal to the SEND Tribunal. So where do I go from here? If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

This article discusses Post-16 and Post-19 EHCP transitions, the education landscape after school, and why you must prepare for this at the beginning of Key Stage 4. It also offers practical tips, advice, and guidance to support you. Post-16 and Post-19 are the often-overlooked final stages of the EHCP journey, can often be the hardest of all. If you have not been preparing for these last stages you can find yourself in an almost constant cycle of appeal. The time between phase transitions from Primary to Secondary and Secondary to Post-16 can lull you into a false sense of security, with Post-16 speeding towards Post-19 before you know it. Add to this the realisation that if you were at appeal for Post-16, by Post-19 those essential reports are now getting old and will probably require an addendum from the professional involved to support another appeal. If this wasn't enough, you won't have your Final EHCP issued until 31st March. In contrast, all previous Phase Transition groups received theirs by 15th February. Appeal dates for hearings before September will be thin on the ground. There is no time to lose, or you risk not securing a date until early Autumn. And if you haven't booked appointments with professionals to update those reports, there are no prizes for correctly guessing the likelihood of their availability. Our Annual Review Webinar will provide all the support you need to ensure the process works for your child's EHCP and that it is in the best possible place for Post-16 and future transitions. Education Placements Post-16/19 If there is a drought when it comes to Secondary school places, it's an arid desert for Post-16 and Post-19. These Phase Transitions are not to be taken lightly. What can you do to navigate this? Proper preparation prevents poor performance. The EHCP is anticipatory—it looks at the young person's current and future needs and provision. (SEND Code of Practice 2015, Section 9.61) You must do the same, ensuring that you are actively considering all future options at each Annual Review during Key Stage 4. The LA must consider the long-term needs of the young person, per case law: Wilkin and Goldthorpe v Coventry CC [1998] From Year 9, the EHCP must include provisions for Preparation for Adulthood and Independent Living. (SEND Regulations 2014, Regulation 12(3)) Consider the following: Are exam access arrangements in place? Are they being practised? Is your child on a trajectory for mainstream qualifications, functional skills, vocational skills, life skills—or a combination? Do your research early: Attend Sixth Form and FE College open days. Pick up a prospectus. Discuss with your child any interests they may wish to pursue further. Speak to SENDCOs and the Learning Support Departments. Talk to parents of young people already enrolled on courses about the support available. Also consider: Independent Specialist Sixth Forms: Do they offer dual placements with local mainstream FE Colleges? This can be an effective transition from specialist to mainstream, where additional support is provided for coursework, Preparation for Adulthood, and Independent Living skills at the specialist setting. Travel arrangements: Many young people lose transport support Post-16, as LAs can apply local policy. "Independent travel" is often framed under Preparation for Adulthood. Know the policy before it becomes an issue and plan accordingly: Subsidised College Transport (16–19) SEND FE Colleges (Ages 16–25): These provide continuity through to 25. You will still face a Phase Transition but can evidence that education and training continue to meet needs effectively. Post-19 Transitions Post-19 is a time when many young people struggle to find appropriate placements. For some, EOTAS (Education Otherwise Than At School) becomes the most suitable option. As always, you must demonstrate that no FE College—mainstream or independent, vocational placement or institute—can meet your child's needs. For others, this may be the right time to transition to a more holistic, care-based approach, such as a residential placement offering round-the-clock care and support. Use your LAs Local Offer to research what's available: Find your local council Investigate EHCP Supported Internships – yes, they do exist, and no, not many people know about them: Supported Internships for Young People with Learning Difficulties Sections B & F Be informed early. Prepare thoroughly. Ensure that Sections B and F are accurate, detailed, and up to date. Do not wait for the Annual Review of this Phase Transition to begin considering the next steps. This phase—Post-16 and Post-19—is where all previous battles converge. It is the most important and the most difficult to navigate. It is also the most complex for your young person, and they will need our support now more than ever. It is also their opportunity to move forward—using all the strategies and skills built up over the years. This is where they can shine and move confidently toward their unique potential. We are all proud of our Post-16 and Post-19 SEND young people, who should be proud of themselves too. Careers Guidance Start early. Information is empowering—it allows for informed decisions, not rushed ones. For more information on career guidance: National Careers Service – EHCP Options Financial Support For details on financial assistance: 16–19 Bursary Fund Eligibility Preparing for Adulthood Refer to Chapters 7 and 8 of the SEND Code of Practice: Chapter 7: Further Education Chapter 8: Preparing for Adulthood from the Earliest Years Download the SEND Code of Practice (2015) Guidance on EHCP Entitlement (Ages 19–25) 19–25 EHCP Entitlement Guidance If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

This article explains what an Annual Review is, and why they are so important to your child's SEND education. What is an Annual Review? The Annual Review is the legal process the LA must undertake to ensure that a child’s needs, provision and outcomes specified in an EHCP remain accurate and up to date. The following steps must take place in an Annual Review: Your LA must consult with you and with the school or education setting about the EHCP, and take account of your views, wishes and feelings. An Annual Review meeting must take place to discuss the EHCP. Information must be gathered from you as well as from professionals about the EHCP and circulated to everyone invited to the meeting, two weeks before the meeting. After the meeting, the school must write a report within 2 weeks of the date of the meeting. This must include what happened and all the annual review reports and information and be sent to everyone who attended the meeting and the LA. After the meeting the LA must use this report to review the EHCP. The LA must notify you of its decision within four weeks of the meeting. If the LA decide to amend the EHCP, they must send you the final updated plan within 8 weeks of the date they sent you the decision. All of these steps – not just the meeting – must be completed in order for an Annual Review to be finished. Following the Annual Review meeting, there are only three decisions your LA can make: To maintain the EHCP as it is (not make any changes) To change the EHCP (and inform you of the changes they are proposing) To cease the EHCP if it thinks it is no longer necessary for it to be in place, following consultation You have the right to challenge the decision made following an annual review by going to mediation or appeal if the LA decide to: maintain the plan without changes, or cease the EHCP If the LA decide to make changes following the Annual Review meeting, they will send you a draft EHCP and you will have 15 days to make changes. If you are not happy with the final EHCP when you receive it, you will have the right of appeal. When will an annual review happen? The LA must review an EHCP in the period of 12 months from the date when the EHCP was first made; and every 12 months after, from the date of the last review, and where the child is within 12 months of transferring from phases of education, nursery to primary, primary to secondary, secondary to post 16, and children in the three-tier system. Section 44(1) Children and Families Act 2014. If your child does not attend school this is covered in section 21 of SEND Regs 2014. Your local authority (LA) is still responsible for reviewing your child’s EHCP at least once a year and they will be responsible for calling and chairing the Annual Review Meeting. If your child is under the age of 5 years, it is best practice for the review to take place every 6 months. If you child is due to change school because they are moving to the next stage of education at the end of the academic year (phase transition) they LA must complete a review before the end of the Autumn Term in their final year at the current school, even if the Annual Review is not due. Phase Transfer Blog Phase Transfer webinar The Annual Review meeting The Annual Review meeting is likely to be between 1 hour and 1 ½ hours long. This time can easily run away with you, so preparation is key. Why is an annual review meeting important? Each Annual Review is extremely important, as without a thorough review of the changes needed to your child’s EHCP, it will soon become out of date. It is not unusual for us to see EHCP for children in Y11 who are getting ready to transfer to college, whose EHCP describes them as being 5 years of age, not yet able to use a toilet and working towards being able to play alongside a peer, when they are just about to take GCSEs, cracked using a toilet independently 10 years ago and are aged 16! School staff are extremely busy people. SENDCos come and go and can be extremely inexperienced. At best, they are trained and experienced in LA policy rather than SEND law. Your child’s EHCP case officer who will be making the Annual Review decision is likely to hold over 300 cases. To ensure that your child’s EHCP Annual Review is thorough, you need to ensure you are equipped with the best understanding possible and lead the process yourself. As outlined at the beginning of this blog, the initial meeting, arranged by the school, that starts the Annual Review process, is often referred to as ‘the Annual Review’. But it is not. It is purely a meeting to gather information at the start of the Annual Review process. The Annual Review itself will be held at the LA, after the meeting and the decisions made will be based entirely on the information submitted to the LA by the school. The update of your child’s EHCP will only ever be as good as the information presented to the LA via the Annual Review meeting process. Our Annual Review Webinar will help you to ensure that the most robust information possible is submitted to the LA following your Annual Review meeting. Annual Review Webinar Although it is important that background information is updated, remember that the key focus of the EHCP review must be on Sections B and F (with the addition of the Health and Social Care sections if you child has significant health and social care needs) because these sections will dictate the support the child must receive in school. Sections A (the parent and child’s section) and E (outcomes) will not have any influences over the provision a child received. And if you allow it, the entire Annual Review meeting is likely to focus on Sections A and E, resulting in there being no evidence of any changes needed to Sections B and F. Is my EHCP fit for purpose? Top 10 phrases and words you don’t want in your EHCP What must happen after the Annual Review meeting? From the date of the Annual Review meeting, the school has 2 weeks to send the updated annual review paperwork to the LA. The LA then has 4 weeks to send you their decision. Their decision must be one of the following: To maintain the EHC plan as it is (not make any changes) To change the EHC plan (and say what changes it is proposing), or To cease the EHC plan if it thinks it is no longer necessary for it to be in place, following consultation. If the LA decide to make changes to the plan, they must send you a copy of their proposed changes at the same time as the decision. This means sending you a draft EHCP, outlining the changes that they propose. They must also give you 15 days to respond to the draft EHCP. To thoroughly check and respond to a draft EHCP, use our webinars here: Session 1 Session 2 The LA must then send you the final EHCP within 8 weeks of the date that they sent you the draft EHCP. What should I do if the LA do not send me their decision or a final plan on time? If the LA do not send you their decision within 4 weeks of the Annual Review meeting or a final plan within 8 weeks of a decision to amend the plan you should: Email your case officer, reminding them of the legal duty to send you: the Annual Review decision within 4 weeks of the date of the Annual Review meeting; or The Final EHCP within 8 weeks of the date they sent you the decision, giving them 5 working days to rectify this. If you do not receive the decision/final EHCP within 5 working days, email the case officer again, giving them 5 more working days to send you the decision/final EHCP. If you still do not receive the decision/final EHCP, put in a formal complaint using the LA’s online formal complaint process. This clip in our YouTube channel will explain how to do this - Top Tips for Complaining to your Local Authority For a full guide to your child’s Annual Review see our Annual Review Webinar where Anna & Sarah will talk you through this yearly meeting step by step, and identify the potential pitfalls, provide SEND law, together with a fully downloadable resource pack to ensure that you have a productive Annual Review with a successful outcome. Click here for more information: Annual Review Webinar Empowering Families of Children with SEND Ltd also provide fully bespoke 1:1 Annual Review support as one of their professional services. For details, email annualreviews@empoweringsendfamilies.co.uk If you have any questions come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

“The answers are all out there, we just need to ask the right questions,” according to Oscar Wilde, but how do we know what to ask? With over 23,000 members on our Facebook community support group, we get asked a lot of questions. We answer questions here, all day, every single day of the year – that’s a lot of questions and even more answers. Many people start with, “Sorry if this has been asked before.” This statement alone speaks volumes about the SEND system and how it disempowers people. ‘Sorry.’ On phone calls and meetings we hear “sorry” and the even more heartbreaking “Sorry for crying”. Sorry. We are sorry that the system has made you feel that you need to apologise for something that is not your fault, but we understand why you feel this way. Why? You may well ask us this, given our professional occupations. Did you know that each and every member of our team has lived through this experience, too? Our team members are also parents and siblings of those with additional needs, and each of us has our own SEND and/or health needs – we ‘get it’. We, too, know how this feels. It’s isolating, often lonely, frustrating and exhausting. With so much ‘information’ at our fingertips – just put a question into your search engine of choice and there you are. Thousands of different answers to one question. Do you feel better now, or even more confused, even more frustrated? This is why we do what we do. Our reason for starting Empowering Families of Children with SEND was to be the people we, as parents, needed. We may have had the knowledge, but we didn’t have peer-to-peer support. That isolation was deafeningly silent. Going to the local library to use Ceefax (anyone remember that?) and ordering books and directories to research as parents. Having no one to share the frustration, and when victory was finally ours – no one who really understood everything that we had to go through to achieve this. Which is precisely why we knew that a welcoming community of understanding, supportive, and like-minded people was exactly what we needed to create. This is exactly what our Facebook Community is, and we are thankful to each and every one of our members for the support and understanding they provide. People ask us questions that others may know, or may not know the legal answer to – sharing professional knowledge is key, giving reliable answers over SEND myths is key – and this is just what we do. There is no such thing as a silly question, and no question that anyone ‘expects’ you to know that you must ask, or indeed know the answer to. If you don’t know – it’s just that you don’t know – yet - so ask away. We know that sometimes it can be tricky to get all of your concerns and ‘what about?’, ‘what happens if?’, ‘what should I do?’ into a Facebook post. This is where our fortnightly Drop-In events come in. These are as varied as our SEND community’s questions are. Some weeks are dedicated to SEND and EHCP-specific difficulties or areas – for example, so applications for Needs Assessments or Annual Reviews. Others are open to questions about any concerns regarding EHCPs and SEND. Some Drop-in events will be for questions that our Facebook community has posted specifically about an area of SEND difficulty, such as Phase Transitions. All of our ‘Drop In’ events are FREE! No paid-for subscription, no membership fees. You can be anonymous, have your camera off, or post a question in advance. Our Empowering Families team hold these events live online every other Tuesday at 7:00 p.m. For examples of our some of recorded answers to Q&As, visit our YouTube Channel. Drop-in events are via our dedicated Facebook group, sign up via our FREE newsletter and information via the group: here If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

What are they? The Children and Families Act 2014 makes it very clear that 'the Local Authority must secure the specified Special Educational Provision for the child or young person' Section 42 (2). This will usually be secured by providing the provision set out in Section F of the EHCP in a school or college with additional therapies commissioned by the school or directly by the LA. However, a parent may request that provision is made via a direct payment. A direct payment is money that the LA pay to a parent or other nominated person, in order for them to make the special educational provision set out in an EHCP. To make a direct payment, the LA must first establish a personal budget. This is the amount of money that would be needed to cover the cost of the special educational provision being requested via a direct payment. You do not have to request a personal budget, but you can request that your LA identifies a personal budget for some or all of the provision in your child's EHCP. This must be requested when the LA issues a draft EHCP following an EHC Needs Assessment or when it is reviewing an EHCP. If you request a personal budget at one of these times, the LA must consider it. The LA does not have to consider a personal budget request at any other time. If you request a personal budget when the EHCP is in draft, the LA should provide one unless there is a legitimate reason not to do so, e.g. it may not be possible because the provision is being provided by a service commissioned for your child to access jointly with other children. Personal budgets can be delivered in the following ways: Direct Payments, where the parent or nominated person is provided with a sum of money, and they must use this to organise and manage the special educational provision – and evidence where and how this is spent. An arrangement – The LA, the school or College will manage the funding and commission the special educational provision. Third-Party Arrangement - Direct Payment (see above) is made to an organisation or an individual who will organise the provision. A combination of any of the above. If you request a personal budget from your LA, you can also request that some or all of it is provision by a direct payment. This means that the LA will pay some of all of the money to you and you will be responsible for commissioning the provision outlined in Section F of the EHCP. The details of what the direct payment must be used for will be set out in Section J of the plan. If you request a personal budget, the LA may refuse to agree to it if they do not believe that you will be capable of managing the money or think it may be used inappropriately. It can also refuse if making the direct payment would negatively impact on services the LA provides or would not be an efficient use of LA funds. If a child is on a school roll and the provision the direct payment is requested for could be provided by the school, the head teacher must agree to the provision being delivered by direct payment rather than by the school. If you request a personal budget or direct payment and your LA refuses, you can ask them to formally review this decision, but it is not something that Tribunal can consider. This LGSO report on personal budgets is useful reading. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

Ever had that ‘it seemed like a good idea at the time’ – only to conclude that this was maybe not quite such a good plan after all? Read on, let our professional experience guide you onto the right track of what not to say and do. The Empowering Families Top 10 Be very careful with your communication style, particularly with your school. Whilst we can all feel frustration at a seeming lack of regard to the situation, continuous, relentless communication will not be appropriate or beneficial. Schools can and will push back. They will be looking to separate the complaint and the complainant. Should your behaviour include: for example, repetitive emails, phone calls, use of inappropriate language, be abrupt or rude in tone, the school can take steps under their communications policy. A ‘vexatious complainant’ status can be made attributable to you, under ‘unreasonable parent conduct’. This can result in any further communication with the school going directly via the Head Teacher and to the Local Authority, with no direct communication being permitted. It will be the Head Teacher who makes the decision as to whether the correspondence receives a reply, and when. We have attended school meetings where all communication to a class teacher was via the Head Teacher stating if they believed the teacher should reply. Social Media posts. Anyone on our Facebook group will know that we have rigorous policies on how and what to post, together with the information we allow and that which we will take down. Safeguarding is our priority, and we enforce this. Sharing of information via Direct Messenger puts your vulnerable child’s information at significant risk. Your child will be traceable, from any personal information that you share, or have shared in the past, and by the potential for your profile to be viewed. The same applies for photos of your child. Those first day back at school photos with the school uniform. It will be easy to identify which school if someone has seen the town where you live, easy to see your child’s name if you have used this in any other Social Media posts. Complaining about your school? A teacher at your school? Issues with a member of staff at your LA, have you named them? Local Authorities use Social Media Monitoring and Social Listening, both gather information on what people are saying on social platforms, for examples – look at Hootsuite, which is used by several Local Authorities. Always post anonymously, only directly share your information with those who are registered with the ICO, who have DBS and who operate strict safeguarding procedures. Empowering Families of Children with SEND Ltd are fully insured, DBS checked, registered with the ICO, and have Designated Safeguarding Officer and Designated Safeguarding Lead members of staff. We have always been a closed group. Professional reports. Whilst you know your child best, your own views and wishes will not be enforceable. Copying vast amounts of information from professional reports and pasting these into Section A will not mean that this will inform the EHCP. Asking the Educational Psychologist to put your requests into their reports will not make this the EP’s opinion. It will just say, ‘mum reports’, ‘mum has asked’. See more information on this in our Educational Psychologist report blog. It’s ill advised to tell your Local Authority before they issue that you will be requesting a Specialist Independent or Independent Mainstream school. This is huge gift of a ‘heads up’ and provides an initiative to a) Refuse to Issue = 16–18-month appeal, and b) write a Draft that will not be appropriate, meaning B, F & I appeal = 16–18-month appeal. They will have ‘saved’ 36 months of funding. Whilst the man with the big moustache may be telling some to ‘Go Compare’ – it’s not something you should be doing with your EHCP and any other. Each EHCP is unique to your child and will be specific to your child only. If you wish to check the EHCP for suitability, you must either check this yourself by cross referencing all professional evidence and ensuring that it is worded legally, or you can engage our highly successful professional bespoke draft checking service, and we will ensure that this is the best it can possibly be. EHCPcheck@empoweringSENDfamilies.co.uk On the subject of checking a Draft, it is not advised to request that a) your case officer undertakes this for you – if they had any intention of writing this correctly they would have done so already, b) your school SENDCo, they will not have the expertise in checking draft EHCPs. In mainstream they're only likely to have ever seen poorly worded mainstream EHCPs, and a poorly worded EHCP is a gift to a school. This means they can spend the money wherever they like as it would not be enforceable to your child. Remember that your EHCP is written for your child, it is not written for the school. Please do not withhold medication from your child in order to present them at their worst. Whilst it is parental choice to medicate for ADHD, stopping medication with a view to a professional making an observation and using this to write their report can lead to allegations of parental misconduct. Educational psychologists will write in their reports that the child has been taken off medication in preparation for the assessment. They will also indicate their dissatisfaction with this, which will not help the child in the long term. Don’t expect too much, too soon. An EHCP is not a ‘magic wand’. This will help your child, but it may take over a year to make that difference shown, and even then, it will be small steps. There is a lot for your child to take on, and any change must be seen in the context of their not knowing the big picture. We must be the harbour in their storm and allow time for the waters to calm and gently ebb and flow. Once the tide has turned and they will be better able to manage and steer their ship with increasing confidence. It’s tempting to bung the EHCP in a drawer and forget about it. You did it you have an amazing EHCP!! Your child is in Primary school. Phase transition suddenly happens. Your EHCP is still describing a child who is just learning to read and write. However, the same child is now about to go to Secondary school. All of your professional reports are now out of date. All Educational Psychologists, Occupational Therapists, and Speech and Language Therapists are already booked up for other assessments and have pencilled in additional time to attend Tribunal hearings. Where does this leave you? It is essential that you keep your EHCP up to date, that you as a parent go through this each summer in preparation for the new school year. Anticipate any new evidence that you may require and book this in so that you have the correct evidence particularly for Annual Reviews and most importantly Phase Transition annual reviews. Do not leave it until the last minute, however tempting this may be. You will feel numb once you have achieved the EHCP with the correct provision and placement. Whilst you celebrate at the news when it first comes to light, that adrenalin is still surging away. Joy often turns to tears, tears to anger at the system. You will want to seek retribution. Who can blame you? Let the dust settle and bide your time. Take some time out. For the length of time your child has an EHCP (potentially until they are 25) you will be dealing with your LA. Complain, yes, use the processes, 100%, but if you are considering using the media, think wisely and play the long game. Choose your time wisely, when the game of ‘cat and mouse’ is drawing to a close. LAs will hold a grudge for many years. This is one of the toughest things a parent or carer can undertake. We all lose it from time to time. We all make mistakes in our reactions and communication, as a lovely chap I know is known to sing ‘we’re only human after all’. We too have stood in shoes like yours and walked a similar path. Every day is a step in the right direction. Go gently with yourselves. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

Find out what to do if your LA ignores your EHCP amendments. Learn what evidence must be included in Sections B and F of an EHCP to support your appeal and ensure your child’s SEND are fully specified and met. What Evidence Must be Included in Sections B and F of an EHCP? All SEN must be identified in Section B of an EHCP All of the child or young person’s identified special educational needs (“SEN”) must be specified (Section 37 of the CFA). Provision to meet all SEN must be specified and usually quantified in terms of what will be provided, by whom, how often, for how long and in what group size. Section 37 of the Act requires the LA to specify the special educational provision required. “Provision must be specified for each and every need specified in Section B”: COP2015 #9.69(F). Provision must be specified and quantified. “Provision must be detailed and specific and should normally be quantified, for example, in terms of the type, hours and frequency of support and level of expertise, including where this support is secured through a Personal Budget”: COP2015 #9.69(F). Parental Requests No parent, advocate, solicitor, LA or tribunal can place parental evidence / requests into Sections B or F of an EHCP. These sections are for professional advice only. Any parental wishes, advice or guidance must go into Section A. A tribunal cannot consider Section A, therefore cannot consider parental wishes. Unless a parent’s views are backed up by professional evidence (in writing) a tribunal for Sections B and F concerning parental requests is highly unlikely to be successful. Professional Reports Independent professional reports must be undertaken by a qualified practitioner who is a member of the lead association in their field. Medical reports must comply with NICE guidance. EP reports must adhere to the professional guidance for Educational Psychologists. LAs may choose not to accept advice from independent professional reports, but if they follow the guidance above, this is not legal. If you appeal, Tribunal will accept them. LA Reports SEND regulations 2014 reg.6(1) states very clearly that any professional contributing to an EHC NA must detail the child or young person’s needs, special educational provision required and expected outcomes. Any LA EP report that fails to do this must be referred to the LA as it is their responsibility to ensure this is undertaken correctly. Any LA who refuses to do this will be expected to rectify it during the tribunal process. What Should I do if my LA is Ignoring my Amendments to a Draft EHCP? If you have sent back a request for changes to be made to a draft EHCP and the LA has not made the changes needed when they finalise your plan, there are two options: You can give the EHCP a go and monitor over the next 6 to 12 months how things go. An EHCP is reviewed at least annually. At this review you can work with your child’s school to make changes to the plan. We have an Annual Review webinar which help you to make use of the Annual Review process. Annual Reviews - Webinar You can appeal the contents of the plan. Our draft checks are written to support an appeal. You can use them to demonstrate the changes you want to be made to Sections B and F. How can I use an Empowering Families Draft Check to Support my Appeal? You can use your draft check to help you to appeal. Highlight all the parts of Section B and F from the draft check that the LA have not included in the final EHCP. Use the omissions in Section B to give examples of omissions in this box on the SEND35 form: Add the omissions in Section F to give examples of omissions in this box on the SEND35 form: You can also send off the draft EHCP response with the final EHCP so that Tribunal can see details of all the omissions in the final plan. Remember, no matter how clear your evidence, LAs often apply policy not law to EHCPs. The route to rectify this is through the tribunal process. Ensuring that you have a thorough identification of all the professional and legal deficits in Sections B and F will support a successful appeal. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email appeals@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

Whether it’s moving to a new school, or from class to class, a new school year or a new school type, school transitions can be an anxious time for our children and young people, and for us. There are so many factors to take into account, not least if your child has been struggling with EBSA (Emotionally Based School Avoidance). Whilst every child and young person will have their own unique needs, so their transition plans must be made bespoke for them, here are some strategies and support systems that will ensure this time is successful. Look at Section F of your EHCP. Support for transition must be here, if it’s not, and you are in draft, make sure that this is included, speak with your EP/OT/SALT about the importance of including this information. If you are not in draft, make sure that this is included at your next Annual Review. You should discuss this with your SENDCo. What should transition support look like? Here’s some examples from EHCP, Section F provisions: Transition will start in the middle of the Summer term, with meeting new teaching and support staff in the current placement, supported by current Key Worker. Current Key Worker will introduce new 1:1 and will support to engage in favoured activities with new 1:1 to build a trusted relationship with new Key Adult (LSA) will be supported by both Key Workers with transition visits to new school, minimum of 4 supported visits, at times when there are fewer children present. Transition will be gradual and supported. will start by walking past placement with Key Workers and parent. When ready will enter playground with new Key Worker and parent for maximum of 2 minutes. Once able to manage this, will be supported to enter school by alternative (quieter) route. will have activities of choice available supported 1:1. Once able to complete an activity will move into classroom with 1:1 supported access back to quiet area should this be required. Transitions can be highly detailed, specific and quantified, to ensure the best possible start to the next phase of education, the next school or the next class. If your child is moving between classes and has a Key Person at their placement – they deserve a holiday as much as anyone, but ask if you can jointly support your child being ‘held in mind’. This essentially means that your child feels that just because their Key Person isn’t with them, that they haven’t been forgotten. This can really help with ‘back to school’. Ask if you can send a postcard (you don’t need a home address, just to the school is enough) and for this to be reciprocated – for the Key Worker to send a postcard over the holidays to your house saying that they are looking forward to seeing you all again. It’s a small thing, but can be extremely effective. Now, we know that not every child has such a well-supported transition plan, or even a plan of any kind. Many EHCPs are lacking in this provision. So, what can you do to support your child? Here are our suggestions: Create your own child’s One Page Profile – an ‘All About Me’ – as they may also be called. For this you can include: A photo of your child Photos of the people who matter most to your child Your child’s strengths – ‘I love to paint’, ‘I’m very good at making people laugh’, Who is going to be picking up and dropping off – is this parents, childminder/nanny or Grandparents, for example Your child’s favourite toys, activities and food/drink preferences The practical support that your child needs – such as ‘I need help to put my coat on’, or ‘I need help to go to the toilet’ How your child prefers to be addressed, for example, the EHCP may state their name is Johanna, but they prefer to be called Jo How to support me when I am upset A One-Page profile isn’t a list of EHCP needs and provisions, it’s a brief snapshot of your child, to include enough information to enable someone to provide support in the moment. If your school hasn’t provided a Transition Booklet, ask them to, if this isn’t forthcoming you can make a very basic one yourself. Go onto the school website, find photos of the staff, and screenshot. Do the same with any photos of the school building, classrooms, and outside areas. If you are able to, take some photos of the entrance of the school, the school sign and path/road outside. You can be creative and look online for photos of school coat pegs, school lunches, packed lunch boxes, toilets, desks etc. Put these together in a booklet – or if you are creative even a PowerPoint would work. Write or find a Social Story about school/starting a new school/a new class - a transition social story If you’re out and about walk past or drive past the school. No comment, just to get you child used to seeing the route. Once you’ve done this a few times, see if there’s a ‘stop off point’ nearby that may be helpful – a park or shop, that you can use as a reason for passing this way. It’s then that you can say ‘oh look that’s your new school’. Just in passing, the less of a thing you make it, the more ‘usual’ it will become. School year Facebook groups and school WhatsApp groups may not be everyone’s idea of fun – but they do provide a place for parents to organise meet ups with children who will be starting at the same time. Contact the school, ask to see the class teacher and SENDCo before school starts. This may be construed as a ‘big ask’ but it can be over Teams, and for just half an hour. A brief discussion on any anticipated difficulties, making sure that all key staff have seen the EHCP, and a start point for discussion on how communication can be made, moving forward. Communication is key, and keeping an open mind as a parent can be hard – but remember, our anxieties will be picked up by our children – if they hear you say that they won’t manage – they will believe this to be true. Try not to transfer your concerns to your child. Some children manage better with a ‘jump straight in’ – and it’s a misconception that this will not include those who have experienced school anxiety and attendance difficulties before. For some (not all) going into school for a full day, and keeping to a full day and full week is better than starting off on a shorter timetable. When do you make the decision to make that leap? How? Will your child be only too happy with this option – or push back, knowing that there is an alternative, and then that leads back to refusal to attend at all. Sometimes it can be better to start as you mean to carry on. Transitions to new classes, within the same school can be easier – but many schools will use the move from Year 1 to Year 2 to break up class dynamics and reassess helpful and not as successful personality mixes and friendship groups. Your child may not be back with their friends, and will now be in another class, with a new teacher and new peers to navigate. Again, this can cause us our own anxiety – and once our children hear ‘they won’t manage, they have been split up from all of their friends’ – they will have increased anticipatory anxiety too. Managing our own concerns can be vital. Moving to a new school year after that long summer holiday, this can be tough for many children – and more so for those who have had (or are having) a difficult time at school. Not having that Sunday night dread, for us, and our children is a holiday in itself. If things are not as they should be at school, and you have an EHCP, take this time to look back the EHCP, what changes need to be made – back to our favourite equation – B + F = I. Check the EHCP and consider an Annual Review on return to school. If you don’t have an EHCP – now is the time to apply – legally it’s a 20 week process (it can take longer – much longer, but the law is the law) – and you will be looking at having an EHCP by the New Year. Use the summer holidays to get all your ducks in a row for a successful application (we have all the resources you need to do this at any time of the year). Education Health and Care Needs Assessments - Webinar On those last weeks of any holiday, start to get back into a ‘school day’ routine again, with bedtimes and mornings. It can help when the holidays do stop, and school begins. Transition objects can help, and these can be a Section F provision. Sometimes these are kept with the child all day, others can be put into the safe keeping of the child’s Key Worker, and brought out at any trigger points during the day. For those with a new EHCP this is the fruition of so many months, and for some, years of hard work. We are so desperate for this to work now. This will take time, often years, but small steps and small amounts of progress grow into amazing outcomes over those years. Give your child/young person time to heal, to see how things are now different from before. There will undoubtedly be hiccups along the way, so take time, and give this process time. Planning for each transition will help this process over the many years an EHCP will be in place. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.

In this blog, we explain the latest updates on SEND reform and what they mean for families. We cover the current laws, key statistics, tribunal trends, and upcoming changes, and provide expert advocacy to help you navigate the current system and prepare for the future. You may have noticed that we do not allow posts that include political campaigning or speculation about SEND law reforms. This is because the aim of Empowering Families of Children with SEND is to support parents to navigate the current SEND law to achieve best outcomes for their children. Deviating from this would negatively impact on the support we are able to provide today. However, Anna and Sarah are working hard behind the scenes to keep up to date with the progress of reform. This blog will explain more. SEND reform has been under discussion for a long time – and reform is needed. Just one look at the Tribunal wait times of 16-18 months will tell you that change is needed. Some of the statistics that are coming out as a result of the Government’s investigations into SEND reform are relevant for our community and with this in mind we include them here: Only 46% of all EHCPs in 2024 were issued within 20 - 52 weeks. Legally, this is a 20 week process. 7% were issued after 52 weeks. Placements: In January of this year – 2025, of all those with an EHC Plan: 44% are attending mainstream schools, 30% are attending special schools, with only 14% in Further Education and Post 16. There are also interesting statistics regarding Tribunals. In 2023 – 24 (which is the most up-to-date data available, 11,157 cases were decided by tribunal. Of these, 11,007 or approximately 99% were found in favour of the appellant. This doesn't mean that SENDIST agreed everything that was requested on the Working Document across the board, or every element of the appeal. It does mean though that despite all attempts by LAs, the law must be followed. In 2011 to 2012 the number of times the Tribunal service found in favour of the appellant was 69% - LAs are getting progressively worse at accepting those which just shouldn’t be going to appeal. It is our opinion that if Government Inquiries were looking for where money is being wasted by Local Authorities, it's here. If tribunals are hearing in favour of the appellant because the law is being enforced, and children and young people require the provision that only an EHCP will ensure they receive, why are Local Authorities forcing parents into Tribunal? The finances used to fund unnecessary appeals must be used to provide the provision that parents are requesting rather than being wasted arguing the point. It's also interesting to note, out of 16,726 appeals, 5,569 were conceded or withdrawn before the hearing. It also comes as no surprise to us that the Local Authorities with the highest rates of appeals all are the Local Authorities who produce the poorest EHCPs, namely: Hertfordshire Newham Slough East Sussex Derbyshire Westminster Let’s just reiterate here that this must not be change at the expense of those who require the support. Change must be for the better, not change for changes sake. Whilst we are not a campaigning group, this is very much something that we are watching intently. For our community this unknown is clearly a cause for anxiety, at a time when they are already extremely concerned about their own child/young person’s current, and upcoming SEND support. Empowering Families of Children with SEND will continue to provide professional SEND Advocacy support and advice for the here and now – and will be fully prepared and enabled to support our community in the future. So, let’s try and break into chunks what the current situation is, and has potential to be. You will have heard of the SEND Code of Practice, first published in 2014, and amended in 2015. This ‘code’ is underpinned by the Children and Families Act 2014. Together they detail the support which must be in place for children and young people aged 0 to 25. This is already a 2-tier system, with the first level being SEN support, and the next being Education Health and Care plans: EHCPs. In January of 2025 19.6% of all pupils were identified as having Special Educational Needs. Now this does sound like a lot of pupils, but if you ‘Flip the Narrative’, it also means that 80.4% of pupils do not have Special Educational Needs. Depending upon which percentage you're looking at, this could appear to be either a lot, or indeed fewer than anticipated. Off the 19.6% pupils, 1.3 million receive SEN Support and only 0.5 million have Education Health and Care Plans. So that’s actually 483,000. Once you divvy it up into thousands rather than looking at the percentage of million, the numbers seem smaller than the statistics would like us to believe. (Let’s also just add that there are over 9 million children and young people enrolled in education across the UK.) SEND reform started to rear its head in 2019, and was cut short due to Covid. This was picked up again in 2022, and 2023 with the Green Paper consultation on the reforms namely the SEND Review: Right support, right place, right time, and SEND and alternative provision improvement plan. In June 2025 the current government stated that they would publish a White Paper in the Autumn of 2025. What is a ‘White Paper’ you may well ask? White papers are policy documents produced by the Government that set out their proposals for future legislation. White Papers are often published as Command Papers and may include a draft version of a Bill that is being planned. This provides a basis for further consultation and discussion with interested or affected groups and allows final changes to be made before a Bill is formally presented to Parliament. (verbatim from the Parliament UK website) White Papers are issued by the Government as statements of policy, and often set out proposals for legislative changes, which may be debated before a Bill is introduced. Some White Papers may invite comments. Green Papers  set out for discussion, proposals which are still at a formative stage. (Verbatim from the Houses of Parliament website.) Does this mean it's then going to be law? A White Paper outlines the Government's ‘proposals’ but is not yet statute law. This is a ‘consultation document’. Next comes: the ‘Bill,’ then a first reading and then, a second reading, then the Committee stage, then it’s the Report stage in the House of Commons which must also be debated in the House of Lords, then it’s a third reading, then it must be made into Regulations with a Code of Practice to be followed. Nothing happens over-night. As part of the White Paper, the current government stated that they intend to set aside £760 million from the Transformation Fund in 2026-27 and 2027-28 for SEND reform. Our children aren’t suddenly going to lose their difficulties because it suits whoever is in Number 10, so support must be in place – we must keep this in mind as this progresses through the two Houses. As always, it’s down to funding: how much and where this will be spent. We are being told that the existing situation is unsustainable. As service users, we can tell you where money is being wasted – right here at base level – failure to provide suitable SEN support in school resulting in parents finding the only way they can get suitable support for their child is via an EHCP, pointless Tribunals for Refusal To Assess, and for LAs who pay a total disregard to SEND Law, who are choking the Tribunal system to breaking point. Break SENDIST and the whole EHCP process is a broken – now who would dare to state that this is purposeful – in making change essential? “If it ‘aint broke – don’t fix it” – maybe we should be looking to who it is that is responsible for breaking the system – its certainty not those who need the provision. We know that ‘Best Endeavours’ duties are routinely not being met in mainstream schools. Parents finding that a school will not or cannot provide for their child’s SEN cannot challenge this to an independent body as schools cannot be challenged via tribunal, judicial review or the Local Government and Social Care Ombudsman (LGSO). This failure of early support is fuelling the number of EHCPs. We know, from information from IPSEA, that those LAs who were involved with the ‘Safety Valve’ – a total of 38 Local Authorities, when ‘let loose’ with their interpretation of the purpose of this agreement attempted to use this to: reduce the number of EHC NAs undertaken reduce the number of children and young people attending special schools and colleges reduce the number of children and young people attending a school or college outside their local area cease to maintain larger numbers of EHC Plans It was noted that concerns from the programme included that Local Authorities were prioritising financial concerns over children and young people's needs and the associated legal duties, and the Safety Valve programme was called to be scrapped. It would appear to us, that Local Authorities are not able, or indeed willing to be left to interpret and follow SEND law correctly. They have proven this by the inability to self-monitor, and look after the service users. There must be additional measures in place to ensure that this does happen, and potentially more than just the usual trope of “if you don't like it you can appeal.” Alongside the Safety Valve, programme the Department for Education also has the Delivering better value (DBV) in SEND programme. This optional programme works with 54 Local Authorities, looking to address budget pressures. Once again there have been reports that those participating in DBV are attempting to reduce the numbers of EHC Plans. Again, evidencing that leaving Local Authorities to self-monitor will not give those requiring the most support the support they need, but only that which the LA want (or not) to provide. There is a repeating pattern here of Local Authorities who, when left to their own devices are using policy over law, and as service users we must support that this has to change. The reforms are also looking at transport costs, In July 2025 the Local Government Association published research that found increased spending by councils on home to school transport for children with special educational needs and disabilities. It recognised that transport costs have increased because more ‘children are having to be placed further from home and outside their local area’. Now we know, because of the work that we do day after day that this is because there is a lack of placements for our children and young people. We regularly have conversations during the appeal process with parents stating their children simply cannot travel over an hour to and from school. Travelling long distances, which comes at a financial cost to Local Authorities, also comes at a cost to those children and young people who must travel that far in order to find a school that can meet their needs. We also need to look at how Local Authorities are putting transport out to tender. We know of transport costings for our own children where the transport was more expensive than the cost of the school placement. This could not be justified by the distance or the cost of fuel. Once again this points to the need for investigation into those departments responsible rather than blaming those who need to use the service. Because the early stages of the system are so broken, LAs are being forced to place more children into expensive specialist independent schools, fuelling a rapid rise in extremely expensive independent schools, some of which are seeking to make profit out of SEN education provision. Proposals The Special Educational Needs and Disabilities (SEND) and alternative provision improvement plan: right support, right place, right time Proposes a unified system for SEND and alternative provision, driven by new national standards. These standards were the central proposal of the original green paper. There are no immediate plans to amend existing legislation, although the government does intend to underpin the new National Standards with legislation once they've been rolled out, which is planned to begin in 2025. The intention of this is to: create local SEND provision partnerships to lead change and Commission provision set up a National SEND and Alternative Provision Implementation Board to oversee the implementation of the plan develop a standard template for EHCPs and digitise the plans create a 3 tier Alternative Provision system, focused away from long term placements develop options for providing parents and carers with a tailored list of SEND educational settings support a SEND and Alternative Provision change programme to oversee the reforms improve skills in the SEND workforce with a particular emphasis on early intervention strengthen accountability including a new local and national inclusion dashboard and refocused inspections of local SEND provision by both Ofsted and the Care Quality Commission explore options for strengthening mediation between schools and Local Authorities before deciding on whether to make mediation mandatory introduce a new national Framework of banding and price tariffs behind needs funding In a bid to improve SEND support in schools, all new SENDCos are now required to have a new leadership level National Professional Qualification. This can only be a good thing, as we have many conversations with SENDCos who feel that their knowledge is based upon their Local Authority policy. In December 2024 the education committee launched an inquiry, again looking into how to solve the SEND crisis. This inquiry is focusing on the support that children and young people are receiving, the current and future model of provision for children and young people with additional needs, and the finance funding and capacity of the provision. The deadline for written submissions for this inquiry was February 2025, however oral evidence sessions are ongoing. The situation cannot carry on in the way it is currently, however, any change must be for the long-term benefit of our children and young people with SEND. SEND children and young people become SEND adults – a glaringly obvious fact that is often overlooked. Investing now will be an investment in their future; an investment that would ensure our children and young people are able to access employment and therefore become taxpayers, so that money spent on them will be paid back, not just financially but in their contribution to society. Ensuring our children and young people have as much opportunity to be independent adults only comes from their being supported throughout their years in education. Investing in a relatively short period of their lives, to ensure that they go on to have the very best opportunities for a successful, enriched and fulfilling life. Surely this is the very least that any Government must do? Anna and Sarah have over 60+ years of joint experience in SEND including the transition from the 1996 Education Act (school action/school action+/statements) to 2014 Children and Families Act (Best Endeavours/EHCPs). SEND has been reformed before and will be reformed again. Anna and Sarah will ensure that they are trained and ready to provide seamless support for our community when the law changes. If you require additional support, find out how Empowering Families of Children with SEND can help you here. If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. Our YouTube channel has over 125 support videos. For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk And book a meeting with us here. We are, and always will be, Stronger Together. You can find testimonials to our bespoke services on our website and Facebook Business page here.