| SPOTLIGHT |
The extensive number of councils that have failed to meet a deadline for producing a final transition Education Health Care plan for children with special education needs (SEN) “could all face a judicial review”, a leading claimant law firm has suggested.
According to Simpson Millar, some 111 local authorities responding to a freedom of information request admitted having missed the 15 February 2016 deadline for production of the plans, with 3,812 children affected.
The transition plans are intended to help pupils move from primary to secondary school in September.
Thomas Mitchell, a lawyer at Simpson Millar, said: “Local authorities have a legal duty to carry out a Transition Review and an Education Health and Care needs assessment for children with a Statement of Special Educational Needs who will be moving into secondary school this September.
“The February deadline was crucial for parents who need time to prepare their children for the transition, and for those who wish to appeal the provision or placement set out in the plan. The fact that so many local authorities have been unable to meet the deadline is quite concerning and hugely upsetting for parents.”
He added: “The draft plan should have been ready a minimum of four weeks before the final deadline so that parents had enough time to review it and provide important feedback. Without knowing where their child will attend secondary school, parents can’t begin the planning and handover process, which is absolutely vital.
“Thousands of children with special educational needs now face a stressful, poorly managed and hugely overwhelming transition from primary to secondary school. The local authorities that have failed to meet the deadline could all face a judicial review.”
Mitchell claimed that the vast majority of appeals brought by parents were successful in securing better provision or support for children, but the process took time.
He said: “Parents who might wish to appeal their child’s transition plan are now at real risk of running out of time. These plans must be provided urgently and the local authorities that missed the deadline should be asked to explain how they plan to do better next year.”
Simpson Millar’s FOI request to all councils in England asked:
Q1. How many children with special educational needs in your local authority area required an Education Health Care Plan or statement of SEN for transitioning from primary to secondary school in September 2016?
Q2. How many of these children received their final transition Education Health Care Plan or statement by the 15 February 2016 deadline?
