By Manar Matusiak

Children who have special educational needs are entitled to support. From September 2014 they will be entitled to support based upon the Children and Families Act 2014 up to the age of 25. They are also entitled to support based upon the Care Act 2014 from the age of 18 onwards when the Act comes into force in April 2015.

Prior to September 2014

Your child might already have a SEN (Statement of Education Needs). This is a statement which outlines the difficulties a child has in accessing learning and education. 

If you feel your child does not have a Statement; however, you feel is struggling with their education and requires extra support which the school cannot meet, contact the school’s SENCO (special educational needs co-ordinator) and ask for your child’s needs to be assessed. If the local authority decides not to write a statement, they should always explain why. You have a right to appeal to the Special Educational needs and Disability Tribunal and it is important to do this within the time limit given by the authority.

For children with a statement going into further education or training, the local authority has a duty to carry out a Section 139A assessment so that transition planning can be tailored to the needs and wishes of each individual. Transition planning should commence in Year 9.

Some children might not have a SEN statement, but might have instead a Health Action Plan that looks at the social skills and strategies for self-care and independent living as well as the medical side of their condition.

These statements and plans are important if the child is to continue receiving support beyond school or if the child needs to move to a special school.

From September 2014

Children who require extra support will be assessed for an Education, Health and Care Plan (EHC) under the new Children and Families Act 2014. This plan can continue up to the age of 25.

For children who will require support beyond the age of 18, the Care Act 2014 also provides for support and requires that a local authority carry out a Child’s Needs Assessment (CNA). A CNA can be requested by the young person or the parents at any age before the young person turns 18. For those who are over 18 years of age, then the local authority has a duty to carry out an Adult Need’s Assessment which must include a personal budget.

If the local authority decides not to carry out a needs assessment, they must provide reasons in writing.

Whether a child will need a CNA or not should be discussed from Year 9.

Some people with EHC Plans might be eligible for the NHS Continuing Healthcare funding (NHS CHC). This comes into force at age 18 and the young person would need to be assessed for eligibility.

Whether your child needs to move school for extra support or will be leaving school and will require continuing support, there must be an assessment process. Please ask the school and the local authority for your child to be assessed as below –

  • Statement of Educational Needs (prior to September 2014)

 

  • Education, Health and Care Plan (after September 2014) for children up to the age of 25

 

  • Child’s Needs Assessment (after April 2015) for children up to the age of 25

 

  • Adult Needs Assessment (after April 2015) for individuals 18 and over

References

Care Act 2014

Children and Families Act 2014 

For more detailed information on special needs and the impact of the Children and Families Act 2014 and the Care Act 2014 click here