Schools only have a small budget to help meet children and young people’s additional needs, extra financial support from the Local Authority can make all the difference. An Education Health and Care Plan (EHCP) sets a very defined duty on the Local Authority, however it is well known that Local Authorities are facing growing demands from children and young people with additional learning needs. Getting needs recognised can be difficult and time consuming, many parents and young people struggle with a very complex system.
For cases where the personal injury suit is due to the breach of a contract, the Statute of Limitations is 4 years for written contracts, and 2 years for oral contracts.
When a Local Authority receives a request for an EHC assessment the statutory focus is on the question of whether or not an EHCP is needed to secure special educational needs provision for the child or young person. The local Authority can refuse a request for an assessment if a certain threshold of need has not been met.
Solution
Some of the following decisions made by the Local Authority can be appealed at the SEND Tribunal:
- Not to carry out an EHC needs assessment
- Not necessary to issue an EHC plan following an assessment
- The description of a child or young person’s special educational needs specified in an EHC plan
