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Anchored in law

Legal & Guidance Basis

Statute

  • Children and Families Act 2014, s.19, LA duties, the paramountcy of the child's welfare and wishes.
  • Children and Families Act 2014, s.21, Definition of special educational provision.
  • Children and Families Act 2014, s.36, Duty to conduct an EHC needs assessment.
  • Children and Families Act 2014, s.37, EHCP content requirements.
  • Children and Families Act 2014, s.42, Duty to secure the provision in the Plan.

Regulations

  • SEND Regulations 2014, Reg 6, Evidence required for assessment.
  • SEND Regulations 2014, Reg 12, EHCP content, Sections B and F.
  • SEND Regulations 2014, Reg 51, Right of appeal to the Tribunal.

Code of Practice

  • CoP 6.28–6.56, SEN Support.
  • CoP 9.14–9.16, Evidence for EHC needs assessment.
  • CoP 9.69–9.76, Section F requirements.
  • CoP 9.79–9.81, Quantified and specific provision.
  • CoP 11.38–11.57, Tribunal guidance.

Case Law

  • L v Clarke & Somerset, Provision must be specific, the specificity requirement.
  • EC v North East Lincolnshire, Provision must be clear and enforceable.
  • K v LB Brent, Vague wording in an EHCP is unlawful.

SEND Reform Alignment 2023–2026

Aligned with emerging SEND reforms, including National Standards and digital SEND plans, where evidence of need and provision remains central.

National Standards will still require evidence of need and provision.

Digital SEND Plans will still rely on quantified recommendations.

Tribunals will remain unless primary legislation changes.

Evidence remains the backbone of decision-making.

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