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A Practical Guide to Education, Health and Care Plan Appeals in England

A Practical Guide to Education, Health and Care Plan Appeals in England

Author: Katherine Anderson
Publisher: Law Brief Publishing
ISBN: 9781913715342
Published In: April 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Special educational needs (‘SEN’) has been a developing legal area since 1993. Just under 1.5 million pupils in England have special educational needs (‘SEN’) and the number of children and young people with Education Health and Care (‘EHC’) plans increased to 473,300, as at January 2022. Apart from a decrease in 2020, requests for EHC plans have increased each year since EHC plans were introduced. The First-tier Tribunal (Special Educational Needs and Disability) now receives about statutory 10,000 appeals each year.

These appeals, which deal with disputes in England between a Local Authority and parents or young people relating to EHC needs assessments and plans, can now be “extended” to include health and social care issues too. They are heard in private, by independent panels consisting of a judge and 1 or 2 specialist members who have relevant specialism and experience. Examination of expert evidence is a common feature of these appeals.

This is a detailed practitioner’s guide to this fast-growing area. It addresses in detail the relevant statutory and case law as well as the rules and procedure of the First-tier Tribunal and Upper Tribunal which govern these appeals.

Chapter One – Overview

Chapter Two – ‘Refusal to Assess’ or ‘Reassess’ Appeals

Chapter Three – ‘Refusal to Issue’ Appeals

Chapter Four – Special Educational Needs and ‘Section B’ Appeals

Chapter Five – Special Educational Provision and ‘Section F’ Appeals

Chapter Six – ‘Section I’ Appeals

Chapter Seven – Education Otherwise Than at School (‘EOTAS’)

Chapter Eight – Ceasing to Maintain EHC Plans and ‘Ceasing to Maintain’ Appeals

Chapter Nine – Health and Social Care Needs and Provision and ‘Extended Appeals’

Chapter Ten – The First-Tier Tribunal in Special Educational Needs Cases – Practice and Procedure

Chapter Eleven – Correcting, Setting Aside, Reviewing and Appealing First-Tier Tribunal Decisions