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What is a Statemented Child Entitled To?
  • 2nd Dec 2019
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A child with Special Educational Needs may need additional support to be able to progress in education to the level of their peers. If extra help and support is the local authority can carry out a statutory assessment to determine whether the child is eligible for additional educational support. This can be by way of an Education, Health and Care Plan (EHCP) needs assessment. If after assessment the local authority feels they require additional support, an EHCP will be prepared to help provide the support needed.

 

Following the creation of an EHCP, a child is entitled to:

  • Special educational provision
  • Health care provision.
  • Social care provision.
  • Outcomes that explain what the child will be able to do as a result of the plan.
  • Details of what help the child will get in school.
  • Personal budget arrangements for the child.

We will explain these in more detail below, along with other frequently asked questions about special educational needs.

 

SEN Entitlements

 

Special Education Provision

 

It is likely that if your child has received an EHCP, your child has already received additional education support from their school or elsewhere, but their needs aren’t currently being met.

 

The EHCP should set out exactly what special educational provision will be given to the child beyond what is already being provided, in line with the child’s individual requirements.

 

The details of the educational provision must be specified in the plan and detail the specific support in addition to how it will be delivered and who will deliver it. If additional therapies, classes, courses or resources are needed for this, then these should also be detailed clearly.

 

Health and Social Care Provision

 

If your child has any health care needs or social care requirements, then, like the special education provision section, these should also be described and you should be clear about what your child is entitled to.

 

These could be mental or physical health needs and social care could cover the support the child needs to participate fully in school and in any clubs or activities they’d like to.

 

Clear EHCP Outcomes

 

You and your child are entitled to know of the specific outcomes of the EHCP plan. This includes what the child will be able to do once the plan has been implemented, or the educational level they will reach as a result.

 

SEN/EHCP Personal Budget

 

As part of your plan, your child may also be eligible to receive a personal budget for their care while at school from the local authority.

 

This budget will only include the amount of necessary funds to acquire more specialist support that your school can’t currently afford.

 

What Does It Mean If Your Child has Extra Educational Needs?

 

If your child has an EHCP, or on an SEN register, it means that they are subject to a legally binding document that outlines their needs and the support they should receive by their school.

 

This support should be sufficient to enable them to progress effectively in school, and most children with SEN should have their needs met in mainstream schools.

 

Can Parents Apply For an EHCP?

 

Yes, as a parent you can apply for an EHC plan but you have to make sure you have a base of evidence to support your application. Once you have applied to the local authority with your request, they have 6 weeks to respond with their decision.

 

If the local authority refuse to assess this decision can be appealed as can a subsequent decision not to grant an EHCP after assessment. Parents aren’t the only people who can request an EHC plan on your child’s behalf. Teachers, nursery workers, doctors and health visitors can also make an application to the local authority.

 

Can I Claim DLA If My Child Has a Statement?

 

Disability Living Allowance (DLA) is a benefit for children with a disability or condition. This can be claimed even if your child has not had a formal diagnosis.

 

It may be the case that if your child’s educational needs are enough to be eligible for an EHC plan, that they may also be able to receive DLA.

 

DLA is based on how the child’s disability impacts their everyday life and is broken into two parts, care and mobility.

 

If your child has a disability or condition that requires them to receive additional care of help with their mobility, then you may be able to claim DLA.

 

Can a School Refuse a Child With SEN?

 

It is against the law for a mainstream school to refuse to admit a child on the grounds that the school is unsuitable for their needs, or that their needs, requirements or disabilities are too complex.

 

It is also against the law for a school to refuse to admit a child on the grounds that they either do or do not have an EHC plan.

 

We hope this article has been informative and helped dispell some myths about SEN in education and EHC plans. If you would like legal advice on any other the above issues discussed, contact our Kent education law solicitors today.