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Douglas Silas,
Specialist SEN Solicitor 22nd February 2021 
I hope that many parents and teachers (or those who are both currently) managed to get a bit of a rest over this last week, if it was half-term break for you (I know that not everyone was off at the same time).
There always seems so much still to do though, so it's good therefore for us to stop once in a while and think about what we are doing, before we do it. We are usually so busy though trying to get through all the tasks on our lists everyday, that we often forget to first ask ourselves if the task we are doing is really necessary or not. And the reality is that few people ever really get to the end of their task list each day, which means that the remaining tasks are then just added onto our task list for tomorrow, which we will never get through again, so that the remaining tasks are then just added to our task list for the day after - it is a never ending cycle which will eventually just overwhelm us! So, try and stop for a minute first and think about what you are doing and the decide if it really needs to be done, or even if it can be done in a different way. Sometimes, when you stop and think about something you are going to do, you will be surprised to find that you may not have to do it, either now, later or at all. Go on, try it - you may find that you do not really have to do so much...
Don’t forget, to ensure that you never miss one, you can get my SEN Updates personally by completing your email details above,
or by following me on one of the social media platforms I use (i.e. Twitter/Facebook). You can also share this SEN Update with others (please only do so if it may be relevant to them) by using one of the icons, usually to the right or at the bottom of this page. 
I hope many parents and teachers have had a chance in the last week or so to take it a bit easier over the half-term break
I saw a tweet this week (again) from 'Contact' which I thought may be helpful to share here, which said: "Dreading the return to home schooling after this week's half-term break? We can help. With so many children struggling to adapt to #remotelearning, our Listening Ear team have put together some top tips to help you out. Check them out below" It then gave a link to a page called: 'Top tips for home schooling', which some parents may find useful. Hope this helps.
There were also a couple of interesting things I saw this week in respect of children and SEND provision.
The first was the final speech in post by Anne Longfield, Children’s Commissioner for England, entitled: 'Building back better', which said it was: '...a challenge to the Prime Minister to show he is serious about children by putting them at the heart of his post-Covid plans' and that warned: '...that the Prime Minister’s promise to ‘level up’ will be ‘just a slogan unless it focuses on children’. In the speech, Anne Longfield reflects on her six years as Children’s Commissioner and looks ahead to the challenges to childhood brought about by the pandemic. You can read the speech for yourself here, or you can watch a video of an interview with her about it here. --- The second thing that I saw was the report by Special Needs Jungle entitled: 'Provision denied', which said 'Children with SEND have had their needs and education “pushed to one side, for the convenience of the majority.”' and summarised itself as follows:
'Special Needs Jungle survey shows a widespread failure to restore disabled children’s SEND provision when children returned to school in the Autumn Term 2020.
45 recommendations sourced from parents' comments to put things right for disabled learners' educational support in 2021'
You can read it/about it again for yourself here.
Finally, in terms of news, it was a bit slow (I guess that some education journalists are parents too or also need a break!)
But still, here's a few news articles that I found of interest: Covid: Testing means 'staggered' school return, say heads Special needs pupils in England 'pushed to one side' in Covid crisis 'Reckless' if all pupils back 8 March, say teachers' unions
Where can I find further information?
Again, aside from clicking on the relevant links for more information, I would also remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Keep safe until next week. With best wishes Douglas 
P.S I understand that there are a number of educational or other useful resources now on the web, so I would be very grateful if you could let me know of any that you find that other people may find useful, so that I can direct people to it.
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Douglas Silas,
Specialist SEN Solicitor 15th February 2021 
They say that weeks go by quickly when you are busy (or enjoying yourself), but they go by slowly when you are not busy (or not enjoying yourself).
Actually, I have found that often, in reality, we are usually unrealistic about how long it actually takes us to do something, so we are then often chasing our tails trying to complete everything that we need to do, when we just have not given ourselves enough time in the first place to do everything! And these all end up compounding each other, so that at the end of the day or week, we are just exhausted and feel under-productive, as we focus on the things we haven't done, rather than the things that we have done. So, when you think you can do something in an hour, try and give yourself two hours to do it in your diary. If you then do it in an hour, you will still have another hour to spare to do other things; but if it takes you longer than an hour, you still have time left to do it. Simple isn't it? Go on, try it - you will be surprised at how less hurried and stressed you may feel...
Don’t forget, to ensure that you never miss one, you can get my SEN Updates personally by completing your email details above,
or by following me on one of the social media platforms I use (i.e. Twitter/Facebook). You can also share this SEN Update with others (please only do so if it may be relevant to them) by using one of the icons, usually to the right or at the bottom of this page. 
Feel free to skip this bit if none of it is of interest to you.
On Friday afternoon (why do they always leave their emails until Friday afternoons), I received the latest email from the SEND Division at the Department for Education (DfE), this week entitled: 'a) SEND funding 2021-22; b) HNFF Consultation; c) Supported Internships Access to Work funding', which said: "Dear colleagues, We would like to signpost the following items:
Special Educational Needs and Disability Division" I won't say anything else, as if any of this interests you, you can click the relevant link/s and read things for yourself; and if you are not interested, you won't! 
This week I want to draw your attention to theIASS (Information, Advice and Support Services) Network.
I can do no better than to quote from their website, which says: "We are the Information, Advice and Support Services Network (IASSN)As part of the Children and Families Act 2014 it is a legal requirement that all local authorities ensure children and young people with Special Educational Needs and Disabilities (SEND) & their parents have access to an impartial Information, Advice and Support (IAS) service. The IASSN are funded by the Department for Education (DfE) to support this. We do this by:
We do not provide direct advice or support to children, young people and parents. However, we can help you find your local IAS Service or you can have look at our resources section for other sources of support. The IASS Network is based within the Council for Disabled Children in the National Children's Bureau. Please note that CDC, NCB, the IASSN and all SENDIAS services, have been, like everyone, affected by the Coronavirus outbreak. Due to the wide ranging impact of this pandemic, CDC have developed a webpage dedicated to support, information and guidance regarding Coronavirus. This can be accessed here: https://councilfordisabledchildren.org.uk/news-opinion/news/covid-19-support-and-guidance" You may also find it useful to subscribe to their newsletter, which contains news, resources and events relating to SEND. which you can do here. 
In terms of news, here's a few things I found of interest:
Where can I find further information?
Again, aside from clicking on the relevant links for more information, I would also remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Keep safe until next week. With best wishes Douglas 
P.S I understand that there are a number of educational or other useful resources now on the web, so I would be very grateful if you could let me know of any that you find that other people may find useful, so that I can direct people to it.
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Douglas Silas,
Specialist SEN Solicitor 8th February 2021 
This week I am going to try to go a bit lighter and not give you as much to read if possible, so you don't let yourself get distracted.
Unfortunately, these days, just as we read and delete one email or social media account, another three or more enter our inbox or feed! In fact, we seem these days to be constantly bombarded by notifications, social media posts or news (whether that be on the TV/the radio, in print or online), all competing to distract us as best they can from what we are doing. So we need to take back control of our life and not let other things control us. For me, I have switched off notifications, use an email filtering service (its called 'Sanebox' if you are interested) and now only read, listen to or catch up with the news at the weekend (I have found that if something is important, it will somehow filter up to me through other people, or it will have by then resolved itself!) Ultimately, the trick is not to let yourself get distracted or become too emotionally attached to things. So feel free to only quickly scan this email and, if there is not something of interest to you, just delete it (yes, I said that, you have my permission!) If you really think that it may be relevant to you or others, then either deal with it immediately, or put it into a 'news' or 'later' folder to look at later when you have time. But the most important thing though is to get it out of your inbox/feed and get on with your life - you have more important things to do. And don't worry, I will write another update next week!
Don’t forget, to ensure that you never miss one, you can get my SEN Updates personally by completing your email details above,
or by following me on one of the social media platforms I use (i.e. Twitter/Facebook). You can also share this SEN Update with others (please only do so if it may be relevant to them) by using one of the icons, usually to the right or at the bottom of this page 
The first thing I want to point you to this week is a free online book library that is available, which I found through a news article a few weeks ago on the BBC's website, entitled: 'Virtual library gives children in England free book access' , which stated:
'Children in England will be able to access books online free during school closures via a virtual library. Internet classroom Oak National Academy created the library after schools moved to remote learning for the majority of pupils until February half-term. Formed with The National Literacy Trust, the library will provide a book a week from its author of the week. The aim is to increase young readers' access to e-books and audiobooks, particularly the most disadvantaged. Oak National Academy is funded by the Department for Education....' 
There are also a number of good resources out there, such as from Contact, including:
- Their 'Listening Ear' service which provides free 1-1 support for parents via telephone appointment. Their advisers can help with emotional support, strategies for reducing your child's anxiety & challenging behaviour and much more. Book here: https://bit.ly/3gd2aYH - 'The helpful podcast for families with disabled children' (search for this in your podcast app), which they say covers disability benefits, special education, health and diagnosis, and accessing social care and is another way for you to access their invaluable and trusted information. - Their 'Education and Learning' information pages, which you can find here 
There were again lots of thought-provoking new articles this week in the media - here's a few if you are interested:
Over a million pupils in England's schools as demand rises Coronavirus doctor's diary: We're getting self-harming 10-year-olds in A&E 'I'm stressed. I shout. Can I do better?': experts advise on pandemic parenting Covid: The devastating toll of the pandemic on children (only brought to my attention this week)
Where can I find further information?
Again, aside from clicking on the relevant links for more information, I would also remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Keep safe until next week. With best wishes Douglas 
P.S I understand that there are a number of educational or other useful resources now on the web, so I would be very grateful if you could let me know of any that you find that other people may find useful, so that I can direct people to it.
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Douglas Silas,
Specialist SEN Solicitor 1st February 2021 
Typical!
After the last couple of weeks, with a lot of guidance and other information being sent out by the Department for Education (DfE), which I shared with you here, as I made my way through this past week, it had seemed a bit quieter now on that front, so I therefore thought that my update this week could be a bit lighter. However, just as I was packing up from work on Friday afternoon for the weekend (I finish earlier on Fridays), I received another very detailed email sent out by the DfE, this time entitled: '**SEND NEWSFLASH** UK disability survey; details of disability and access ambassadors; schools' SEND publication requirements & update on access to work funding' (do they pick their timings deliberately?) So, rather than my telling you everything that it says here (which would then not allow me much room for anything else really), I am only going to refer to one main part of it below in my first section of this update, which I think will be useful to most people.
Don’t forget, to ensure that you never miss one, you can get my SEN Updates personally by completing your email details above,
or by following me on one of the social media platforms I use (i.e. Twitter/Facebook). You can also share this SEN Update with others (please only do so if it may be relevant to them) by using one of the icons, usually to the right or at the bottom of this page. 
The main part of the DfE's email, which I thought would help most people by my repeating here, states as follows:
'Duties on and expectations of schools over publishing material online We have updated our summaries of the material that schools must or should publish online, including in relation to: · SEN Information Reports, which need to be updated at least annually · details of how a school complies with the public sector equality duty, with information which needs to be updated every year · a school’s equality objectives, which need to be updated at least once every four years · contact details of SENCos Schools will also typically wish to publish the Accessibility Plan, that they have to update at least once every three years. Information as to that Plan needs to be included in their SEN Information Report. There are no changes to the law and our guidance on publishing of the above, but in the updates of our summaries we have sought to bring together all the relevant material in one place and to set it out clearly. We invite Heads, SENCOs and governors/trustees to consider whether the above material on their websites remains up to date. The relevant links to our summaries of the requirements and expectations of schools are: - for maintained schools, https://www.gov.uk/guidance/what-maintained-schools-must-publish-online - for academies/free schools, https://www.gov.uk/guidance/what-academies-free-schools-and-colleges-should-publish-online 
The other bit of Government information that I was already intending to bring you this week was from OFSTED and entitled: 'Remote education research (research and analysis)', whose introduction states:
'Since March 2020, the need for and the expectations placed on remote education have changed considerably. From the middle of March and for most of the summer term, the COVID-19 (coronavirus) pandemic led to school buildings in England being closed for most pupils. There was no requirement to provide remote education during this period, although some guidance was published. Schools were open to all pupils from September 2020 but, given the need for class and year group bubbles and self-isolating pupils, the Department for Education established a continuity directive for mandatory remote education. School buildings were again closed to most pupils in January 2021. From that point, remote education has been a requirement, so that pupils can continue with their learning. At the beginning of January, we published guidance on ‘What is working well in remote education’. As England entered a third national lockdown, that short paper was intended to provide the sector with some immediate advice and reassurance on useful remote education approaches that had been distilled from our recent research activities. Remote education matters. Until mass vaccination is achieved, local lockdowns, class and year group bubbles and individuals self-isolating are likely to remain part of daily life. This will have a continuing impact on schools’ capabilities in delivering a broad and balanced curriculum to all pupils. Schools are likely to continue to rely on remote solutions to provide coverage and mitigate against learning loss. Furthermore, evidence from our interim visits suggests that given the amount of time and resources that school leaders have placed into developing their remote solutions over the past 10 months, it is likely that schools will incorporate aspects of remote education into their teaching after the pandemic. Understanding what successful remote education is has been a priority for Ofsted during the pandemic. Education providers have of course been learning ‘on the job’, and many will now be well advanced in their own understanding. This paper sets out what we have learned through our research and visits and we hope providers find it helpful.' It's contents are set out then as follows: 
Also, there were lots of thought-provoking new articles this week in the media - here's a few if you are interested:
- 'Knackered and confused.' That's just the parents - Opening schools a national priority, says government - Boris Johnson hopes schools in England will reopen from 8 March - Covid-hit pupils 'should be allowed to repeat a year' - Behind closed bedroom doors, a teenage mental health crisis is brewing - Nursery staff are being treated like cannon fodder so 'higher-value' work can go on - COVID-19: PM's letter praising families for efforts during pandemic criticised as 'kick in the teeth'
Where can I find further information?
Again, aside from clicking on the relevant links for more information, I would also remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Keep safe until next week. With best wishes Douglas 
P.S I understand that there are a number of educational or other useful resources now on the web, so I would be very grateful if you could let me know of any that you find that other people may find useful, so that I can direct people to it.
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Douglas Silas, Specialist SEN Solicitor 25/1/2021  Hope that you have had a good week and have settled into a routine of sorts. Routine and consistency is always the key to everything, but the trick is to create positive habits and try and avoid developing negative habits - easy to say, but very hard to do sometimes! I am going to try and keep this update a little lighter this week, but I do want to try and bring your attention to a few things in case you need them. I hope that this helps again. Don’t forget, to ensure that you never miss one, you can get my SEN Updates personally by completing your email details above, or by following me on one of the social media platforms I use (i.e. Twitter/Facebook). You can also share this SEN Update with others (please only do so if it may be relevant to them) by using one of the icons, usually to the right or at the bottom of this page.  The first thing that I want to draw your attention to today is the fact that my friends at IPSEA (Independent Providers of Special Education Advice) last week updated their information page on their website about how the COVID-19 measures will affect children and young people with special educational needs and disabilities, to deal with all the latest Government guidance. Rather than me telling you what it says, you can read it for yourself here: 'IPSEA update on COVID-19 and SEN provision'. IPSEA have also added to their templates page, a model letter for making a complaint when a school is not using their best endeavours and/or refusing attendance for a vulnerable child during the National Lockdown, which you can find here: 'Model letters'  This next section will not apply to everyone, so please feel free to skip it if it means nothing to you. Again, I received another email from the Special Education Needs Division at the Department for Education (DfE), which this time stated: "Dear colleagues, We would like to draw your attention to a new PPE Portal for Special Schools and Specialist post-16 institutions, and to the joint DfE/Ofqual consultations on the arrangements for awarding grades for GCSE, AS, A levels, and for vocational and technical qualifications this summer (deadline 11.45pm on 29 January). PPE Portal On 19 January Special Schools and Special Post-16 Institutions (SPIs) across England received an email invitation to register with the Department of Health and Social Care’s (DHSC’s) PPE Portal. Using the PPE Portal Special Schools and SPIs can place a weekly order of PPE (free of charge) to meet their Coronavirus (COVID-19) PPE needs. Residential Special Schools and Residential Post-16 Institutions will have already received an email invitation in August 2020. This source of PPE (via the PPE portal) is solely for Coronavirus (COVID-19) requirements as outlined in the our guidance: Safe working in education, childcare and children’s social care settings, including the use of personal protective equipment (PPE), and should not be repurposed for any other use. As per this guidance, Coronavirus (COVID-19) PPE requirements are limited to PPE use in the following scenarios: (i)when dealing with a child or individual who is symptomatic (and a distance of two metres cannot be maintained), and (ii)when performing aerosol generating procedures (AGPs). DHSC advise that schools are still required to supply their own PPE (from their usual supply channels) for any other purpose. Special schools and special post-16 institutions should have received the email invitation from: ppe.dedicated.supply.channel@notifications.service.gov.uk. It has been sent to the email address which your setting has registered with the Get Information About Schools database. This is the only email address which is eligible to register. Please ensure that you have checked your junk folder. If you have not received the email invitation, please contact the Customer Service team at 0800 876 6802 who will be able to help support you in registering with the portal. Please wait until close of play on Wednesday, 27 January before enquiring about not receiving an email invitation. To confirm the eligibility of the setting you will need to provide the setting’s URN (you can check the URN at https://get-information-schools.service.gov.uk/)." It also stated: "Consultation on arrangements for awarding grades in summer 2021 Last Friday, the Department for Education and Ofqual launched joint consultations on arrangements for awarding grades for GCSE, AS and A levels this summer and on awarding arrangements for a range of vocational and technical qualifications. We are interested in your views on the consultation proposals, in particular, the equality impact assessment of the proposals. The deadline for responses to both consultations 11:45pm on 29 January 2021."
Finally, there was some news of interest, as follows: - 'School attendance in England higher than first lockdown' - 'One in four UK young people have felt 'unable to cope' in pandemic'. - 'Covid: Gavin Williamson hopes England's schools will reopen by Easter' Where can I find further information? Again, aside from clicking on the relevant links for more information, I would also remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Keep safe until next week. With best wishes Douglas  P.S I understand that there are a number of educational or other useful resources now on the web, so I would be very grateful if you could let me know of any that you find that other people may find useful, so that I can direct people to it.
Douglas Silas,
Specialist SEN Solicitor 18/1/2021 
So, we just seem to be settling in again; although it appears that whilst a lot of people are once more working from home if they can, many more children and young people this time seem to be (sometimes only timidly) going back to school or college, if they are allowed to.
I must admit though that I was pleasantly surprised to hear from some people after my first (now) weekly SEN Update last week, thanking me for keeping them updated. So I write now this week again, this time knowing that there are many people being helped by my doing weekly updates again, in now in what is our third 'lockdown'. As I provided you with a lot of information/signposting last week, this week I was going to focus on just a few things. However, there is still a lot of information or news out there that I want to bring to your attention, so this week's update is a bit longer than I expected! Again though, I hope that this helps people.
Don’t forget, to ensure that you never miss one, you can get my SEN Updates personally by completing your email details above,
or by following me on one of the social media platforms I use (i.e. Twitter/Facebook). You can also share this SEN Update with others (please only do so if it may be relevant to them) by using one of the icons, usually to the right or at the bottom of this page. 
The first thing that I want to draw your attention to is a letter sent out a few days ago on the afternoon of Thursday 14/1/2021 by the Department for Education's (DfE's) Special Educational Needs and Disability Division, entitled 'SEND NEWSFLASH - Special & alternative schools guidance & open ministerial letter', which stated:
'Dear colleagues, We would like to draw your attention to the additional guidance published today for special schools, specialist post-16 providers, and alternative schools (including hospital schools) during the national lockdown period. It should be read alongside the main guidance document: Restricting attendance during the national lockdown: schools and the Further education guidance for restricting attendance during the national lockdown, which covers the main operational issues. Please also find attached an open letter from Vicky Ford MP, Parliamentary Under Secretary of State for Children and Families to children and young people with SEND, their families, and those who work to support them. Regards, Special Educational Needs and Disability Division.' The open letter from Vicky Ford MP then stated: "To all children and young people with special educational needs and disabilities (SEND), their parents/carers and families, and others who support them. As you will be aware, on Monday 4th January, the Prime Minister announced a national lockdown to control the spread of coronavirus (COVID-19), which is expected to last until at least mid-February. Unfortunately, this means we have to return to restrictions on attendance at schools and colleges. I know that these restrictions are a source of anxiety for many children and young people with special educational needs and disabilities (SEND) and their families. As the Minister for Children and Families, I am committed to ensuring that appropriate education and support is available for all children and young people during the national lockdown, whether they are attending their education setting or at home. I am grateful to the families who provide care to their children and the professionals who work tirelessly to support them. I am pleased to assure you that children and young people with an EHC plan should be allowed to continue attending their education setting if their parent wants them to (or, for post-16 provision, if the young person wants to attend), as they are classed as vulnerable for the purpose of determining which children and young people should be allowed to attend school or college during this period. The definition of vulnerable also includes others at the education setting and local authority’s discretion, including pupils and students who need to attend to receive support or manage risks to their mental health. We know that many children and young people with SEND have faced challenges during the pandemic and I am committed to ensuring that we support their attendance wherever possible. Where, for any reason, it is not possible for a child or young person with SEND – including both those with an EHC plan and those who are supported through SEN Support – to attend their education setting during this period, they should receive remote education and support. The legal duty on schools and colleges to use their best endeavours to meet the special educational needs of their pupils and students, including those supported through SEN Support, remains unchanged, whether they are attending school or college or at home for any period. Attendance at education settings In the face of the rapidly rising numbers of cases of COVID-19 across the country and intense pressure on the NHS, it is essential that we reduce opportunities for mixing and transmission. For this reason, only vulnerable children and young people (including those with EHC plans) and children of critical workers should attend their school or college. Guidance on who should be allowed to access a school place can be found here: https://www.gov.uk/government/publications/coronavirus-covid-19-maintaining-educational-provision/guidance-for-schools-colleges-and-local-authorities-on-maintaining-educational-provision. This is not a decision that we have taken lightly. I am aware of the challenge that this will present to children and young people, their parents and teachers. We will review this position regularly to ensure that all children and young people can return to face-to-face education as soon as possible. I want to reassure you that the decision that attendance should be limited does not suggest that schools and colleges have become significantly less safe for children and young people. The risk of children and young people becoming seriously ill from COVID-19, including the new variant, continues to be very low, with the overwhelming majority experiencing no symptoms or very mild illness only. For children and young people who continue to attend their education setting, and their teachers, the system of protective measures means that any risks are well managed and controlled. Details on the system of protective measures that schools should put in place are included in guidance here: https://www.gov.uk/government/publications/actions-for-schools-during-the-coronavirus-outbreak. All pupils and students not receiving face-to-face education for whatever reason should be provided with suitable remote education. Education settings should work collaboratively with families, putting in place reasonable adjustments as necessary, so that pupils with SEND can successfully access remote education alongside their peers. We have also published a list of high quality online educational resources to support home learning. This includes resources that are suitable for pupils and students with special educational needs and disabilities (SEND) of all ages, from early years to those in further and higher education settings. The list of resources can be found here: https://www.gov.uk/guidance/get-help-with-remote-education#special-educational-needs-and-disabilities-send. In addition, where a child or young person has an EHC plan, it remains the duty of the local authority and health commissioning body to secure or arrange the provision specified in the plan under section 42 of the Children and Families Act 2014. However, I know that there may be times where it becomes more difficult to do so than usual. In these circumstances, education settings, local authorities and health partners (where applicable) should discuss with families to co-produce alternative arrangements for delivering provision. These decisions should be considered on a case-by-case basis which takes account of the needs of and circumstances specific to the child or young person, avoiding a one size fits all approach. At this stage, we do not intend to use the powers under the Coronavirus Act 2020 to modify the section 42 duty, but we will keep this position under review based on the evidence. Special schools and special post-16 institutions should continue to welcome and encourage pupils and students to attend full-time (or as per their usual timetable) where the parent or carer wishes for their child to be able to attend (or for post-16 settings, where the young person wishes to attend). However, I know that there may be circumstances where it is not possible for specialist settings to provide their usual interventions and provision at adequate staffing ratios, or with staff with vital specialist training. In these cases, settings should seek to resume as close as possible to full-time provision as soon as possible, discuss these decisions with families in advance to agree an approach that would be in the child or young person’s best interests, and then keep this under review. Guidance for special schools and specialist settings is available here: https://www.gov.uk/government/publications/guidance-for-full-opening-special-schools-and-other-specialist-settings. Some children and young people and their families may be understandably apprehensive about attending school or college, even where they may benefit from the routine and support available through continued attendance. In the first instance, I strongly encourage parents or young people to discuss any concerns with the education setting, to see whether any reassurance could be provided or adjustments made to support attendance. Education settings, working with other local partners where appropriate, should consider carefully the concerns of the parent or young person and work collaboratively with families so that, where appropriate, the child or young person can be supported to attend. The decision for a child or young person with an EHC plan to stay away from their education setting is ultimately a matter of choice rightly for parents and young people. If a parent wishes for their child to be absent or a young person chooses not to attend, they should inform the education setting of this so it can be properly recorded. Given the exceptional circumstances, the Departmental guidance is clear that it expects leaves of absences to be granted. Absence will not be penalised. Children who are clinically extremely vulnerable The Department of Health and Social Care (DHSC) has published updated guidance on shielding and protecting people who are clinically extremely vulnerable from COVID-19, which is available here: https://www.gov.uk/government/publications/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19. As our knowledge of COVID-19 has grown, we now know that very few children and young people are at highest risk of severe illness. Doctors have therefore been reviewing all children and young people who were initially identified as clinically extremely vulnerable to confirm whether they are still thought to be at the highest risk of becoming seriously ill and discussing this with families. Those aged 18 or over who have been identified as clinically extremely vulnerable should have received a letter informing them of the updated guidance. Where parents have discussed this with their child’s doctors and doctors have confirmed that a child or young person is still considered clinically extremely vulnerable (or, for those aged 18 and over, they have received a shielding letter), they are advised not to attend their education setting during the national lockdown. Education settings should work with local authorities and health partners to ensure that remote education and support is put in place for any pupils or students who are not attending their education setting. Mass testing in specialist schools and special post-16 institutions The Government is delivering a programme of rapid asymptomatic testing in the first half of the Spring term for children and young people in year 7 and above (or equivalent) and school staff, which will be delivered in mainstream and special schools with secondary-aged pupils, special post-16 institutions, Pupil Referral Units and other Alternative Provision schools. This will help to identify asymptomatic positive cases and break the chains of transmission of coronavirus. This is particularly important in special schools and specialist colleges, where the education and care provided often involves close proximity between children or young people and staff and social distancing can be harder to observe. Testing is voluntary, so no child or young person will be tested unless informed consent has been given by the appropriate person (usually the parent or young person). As such, no children or young people will be prevented from receiving face-to-face education if for any reason they are not tested. The test involves a swab of the throat and/or nose. Although the majority of secondary-aged children and young people will be able to self-swab, we recognise that the self-swabbing may cause significant concerns for some children and young people with SEND. Where self-swabbing is not possible, special schools and special post-16 institutions are likely to have staff who have undertaken a variety of training to support health needs and who could administer swabs where appropriate. In exceptional circumstances, settings may want to work with parents to agree to a parent coming in to support their child to self-swab or to swab their child. Detailed guidance on mass asymptomatic testing in specialist settings is available here: https://www.gov.uk/government/publications/guidance-for-full-opening-special-schools-and-other-specialist-settings/mass-asymptomatic-testing-in-specialist-settings. Resources and information for staff have been made available to schools and colleges as they set up their programme. More information for young people and their families, including visuals and easy-read format written materials, will be made available shortly. Health services and respite for children and young people with SEND During the national lockdown, there continues to be an exception to the restrictions on leaving your home and on gatherings set out in Regulations for provision in an EHC plan. This means that children and young people can continue to receive appropriate support from health and social care services where it is reasonably necessary for the purposes of provision specified in an EHC plan. Specialists, therapists, clinicians and other support staff can provide interventions as usual, including where this requires them to move between settings. In addition, there is also an exception to the restrictions on leaving your home and on gatherings set out in the Regulations where this is reasonably necessary for the purpose of respite care for a vulnerable or disabled person. This means that parents and carers may continue to access respite care to support them in caring for their disabled children during the national lockdown, including both services which care for children away from home and care which is delivered in the family home. Guidance for parents on early years providers, schools and colleges, which sets out that respite provision for families of disabled children can continue to operate, is available here: https://www.gov.uk/government/publications/what-parents-and-carers-need-to-know-about-early-years-providers-schools-and-colleges-during-the-coronavirus-outbreak. I know that there are many positive examples of local authorities having worked with families to agree flexible solutions for delivering support – for example, increasing the use of direct payments – and I would encourage this collaborative working to continue. Parents of disabled children under 5 who require continuous care can also continue to form a support bubble with one other household, and parents of all children under 14 can continue to form a childcare bubble. Guidance on making a support bubble with another household can be found here: https://www.gov.uk/guidance/making-a-support-bubble-with-another-household. Building on the support that we have secured to date to ensure that health services for children and young people with SEND (for example, therapies and community children’s nursing) continue to be prioritised, on 10 December, the Chief Allied Health Professions Officer (England) circulated a letter highlighting the importance of the continuation of services delivered by Allied Health Professionals (which includes therapies) for children and young people with SEND. The letter emphasised that services should continue to be prioritised and that the redeployment of Allied Health Professionals should be avoided wherever possible. This enables the provision of therapy services for children and young people with SEND to continue or to be restored where there has been disruption. I know that this national lockdown will be challenging for children and young people with SEND and their families. I am incredibly grateful for the continued dedication and diligence of those who work to support them, whilst recognising that there may be circumstances in which it is more difficult than usual to do so. Co-production and effective communication between all partners continue to be key to ensuring that children, young people and their families can access high quality education and specialist professional care, working together to coproduce alternative methods of delivering this where appropriate. Yours sincerely, Vicky Ford MP Parliamentary Under-Secretary of State for Children and Families" There's not really anything I can add to this, is there?.
As ever, there was a lot of other news this week.
Since I know everyone may not have time to read everything in my updates, I will just signpost you to the articles that I found most interesting and let you go and read them if they are of interest to you: - BBC News - 'Covid-19: Early years staff 'should have vaccine priority'; - Sky News - 'COVID-19: Poorest families hit hardest by pandemic and will find it hardest to recover - report'; and also: - The Guardian - ''We feel forgotten': special needs teachers on helping England's vulnerable children'; - BBC News - 'Covid-19: Special school staff want jab priority'. 
But I now that many parents don't just want to read the news, they want practical help!
I was therefore really pleased then when I saw a tweet from the Scope organisation which read: "We want all disabled children and their families to get a good night’s sleep. Our sleep team has lots of useful knowledge and tips to share. Listen now to our first podcast series - transcripts also available. https://scope.org.uk/advice-and-support/sleep-podcast/…
Where can I find further information?
Again, aside from clicking on the relevant links for more information, I would also remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN
Keep safe until next week.
With best wishes Douglas 
P.S I understand that there are a number of educational or other useful resources now on the web, so I would be very grateful if you could let me know of any that you find that other people may find useful, so that I can direct people to it.
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by Douglas Silas,
Specialist SEN solicitor 11/1/2021 
So we’re back into another ‘lockdown’ again!
It feels like March 2020 again doesn’t it? Although this time we should probably feel better prepared than the first time. But it’s back to homeschooling and online learning for children and young people, with many exhausted parents trying to teach their children once more (some whilst still working) . I recall a popular joke going round last Spring/Summer about homeschooling with a child reported as saying: ‘My teacher this year is not very good, I hope that I don’t have them next year!’ Makes you think, doesn't it? Anyway, as I realise that there are many people again out there with difficulties or limited time (and I know parents of children and young people with SEN often have it doubly or triply hard), I have decided to once more try and do my bit to support everyone. So I am starting up my weekly updates once more, to try and help parents and professionals or save them precious time from having to look for things themselves, by signposting them to news or information that I find. I hope that this helps people again.
Don’t forget, to ensure that you never miss one, you can get my SEN Updates personally by completing your email details above,
or by following me on one of the social media platforms I use (i.e. Twitter/Facebook). You can also share this SEN Update with others (please only do so if it may be relevant to them) by using one of the icons, usually to the right or at the bottom of this page. 
The first thing I want to clarify here is what the new 'lockdown' rules actually mean for pupils.
The best summary that I have found is on the website of the Council for Disabled Children (CDC) on a page entitled: 'Changes to national restrictions and temporary school closures' (updated on 5/1/2021), which states as follows: "On Monday 4th January 2021 the Prime Minister announced that England will move into new national lockdown restrictions, in response to data on the increased transmissibility of the new variant of coronavirus, in order to bring the virus under control whilst the vaccine programme is rolled out. The details set out below are based on the current guidance however, we are aware this is a rapidly changing situation and we will update this page as we receive further information. CDC is working across its networks including SENDIASS and the DCO/DMO forum to ensure information about the current situation is clear to both professionals and families across a range of agencies. If you have additional questions relating to the guidance or the new restrictions please contact us at cdcquestions@ncb.org.uk. What has changed for Clinically Extremely Vulnerable children?
What has changed for schools and colleges?
Who can continue to attend school and college? The Government states that: “the problem is not that schools are unsafe for children – children are still very unlikely to be severely affected by even the new variant of Covid. The problem is that schools may nonetheless act as vectors for transmission, causing the virus to spread between households.” Children and young people can continue to attend school or college if they:
In practice, to ensure high quality education for children and young people who need to continue to attend school or college, this may require creative approaches from settings including consideration of staffing rotas and blended remote and face to face learning based on the individual needs of children, young people and their families." 
I would also like to remind you that the Government still has a page up on its website entitled: 'Supporting your children's education during coronavirus (COVID-19)', which is still useful (although it was last updated in July 2020), which states as follows:
"This page and information for teachers will be updated regularly to include further resources and reflect the latest information and developments. While staying at home due to coronavirus, parents and carers may be worried about their children’s development and the effect of missing school or nursery. No one expects parents to act as teachers, or to provide the activities and feedback that a school or nursery would. Parents and carers should do their best to help children and support their learning while dealing with other demands. Get specific advice on how education can continue at home for children:
Alongside any work your children receive from school, you can try using online educational resources covering various subjects and age groups. Educational programmes to help children learn at home are available from the BBC. Have regular conversations about staying safe online and tell your child to speak to you if they come across something worrying online. Mental health and wellbeing The change of routine and staying at home may make this a difficult time for some children. Public Health England has published advice on how to support your children’s wellbeing during the coronavirus outbreak. Guidance is also available to help you look after your own mental health. Advice on helping children continue their education during coronavirus Help children aged 2 to 4 to learn at home during coronavirus (COVID-19) Information on making child development a part of everyday life and play. Help primary school children continue their education during coronavirus (COVID-19)How to provide support and feedback and structure the day. Help secondary school children continue their education during coronavirus (COVID-19)How to help your child organise their time. Help children with SEND continue their education during coronavirus (COVID-19)Resources designed to support special educational needs and disabilities. 
And, although I know that it isn't strictly focused on SEN, as I know that parents and professionals also have or are involved with other children and young people, I want to also signpost you to another page on the Government's website entitled: 'Guidance and support', which further signposts you to additional information, which states as follows:
"Pupil wellbeing and safety
Testing in schools, colleges and universities
Home learning during coronavirus
Exams and managing a school or early years setting - Exams and assessments - Managing a school or early years setting
- Recording attendance - Childcare, holiday clubs, and after school care - Working safely Funding and support for education and childcare
University students and higher education
Where can I find further information?
Aside from clicking on the relevant links for more information, I would again remind you of the very useful resources and information provided on the following websites:
- IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN
Keep safe until next week.
With best wishes Douglas 
P.S I understand that there are a number of educational or other useful resources now on the web, so I would be very grateful if you could let me know of any that you find that other people may find useful, so that I can direct people to it.
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by Douglas Silas
Specialist SEN solicitor 
Can you believe that we are already now coming towards the end of this very strange and difficult year for everybody of 2020. I think we have also all now gradually become a bit desensitised to the incredible changes that we have seen throughout this year.
We are also now constantly being bombarded with (sometimes irrelevant) information from every which way that we turn. Keeping up with things takes up more and more of our valuable time, so we now have to be very careful, otherwise we may not have any quality time left to spend time with our family, to focus properly on work or to do the other tasks that we need or want to do. So, I have now decided to try and keep these updates more focused on providing just the information that I think that people need to know about what is happening in the world of SEN. (I will still try to recount a personal story at the end though, as some people tell me that this is what they really read my updates for!) In this update, you will find sections entitled:
Don’t forget, to ensure that you never miss one, you can get my SEN Updates personally by completing your email details above,
or by following me on one of the social media platforms I use (i.e. Twitter/Facebook). You can also share this SEN Update with others (please only do so if it may be relevant to them) by using one of the icons, usually to the right or at the bottom of this page.
CURRENT GUIDANCE ON SEN & COVID-19
I always try to provide up-to-date SEN news in my updates. The only difficulty with this is that my updates are only prepared once every half term, so there is always a lot of information out there for people to go through! As I do not want to overload people with information, I am going to try to focus in this section on the main current guidance (x 2) about SEN and Covid-19, which was provided by the DfE (Department of Education) at the end of last week, entitled: • ‘Guidance for full opening: schools’ [updated on 5/11/2020] and • ‘What parents and carers need to know about early years providers, schools and colleges in the autumn term’ [updated on 6/11/2020]. As both of these sets of guidance are very long and detailed, I would encourage you to read them for yourselves directly if they concern or are of interest to you, by clicking on one of the links above. However, let me quickly give you an overview here. ‘Guidance for full opening: schools’ [updated on 5/11/2020] Focuses on how the DfE expects schools to now operate and includes: • school operations • curriculum, behaviour and pastoral support • assessment and accountability • contingency planning to provide continuity of education in the case of a local outbreak Introduction, then set out in 5 sections, as follows: Section 1: Public health advice to minimise coronavirus (COVID-19) risks, which covers: • Risk assessment • The system of controls: protective measures • Prevention • Response to any infection This section then expands ‘Prevention’, to cover: 1. Minimise contact with individuals who are unwell by ensuring that those who have coronavirus (COVID-19) symptoms, or who have someone in their household who does, do not attend school 2. Where recommended, use of face coverings in schools 3. Clean hands thoroughly more often than usual 4. Ensure good respiratory hygiene by promoting the ‘catch it, bin it, kill it’ approach 5. Introduce enhanced cleaning, including cleaning frequently touched surfaces often using standard products, such as detergents 6. Minimise contact between individuals and maintain social distancing wherever possible a. How to group children b. Measures within the classroom c. Measures elsewhere d. Measures for arriving at and leaving school e. Other considerations 7. Where necessary, wear appropriate personal protective equipment (PPE) 8. Keeping occupied spaces well ventilated 9. Engage with the NHS Test and Trace process 10. Manage confirmed cases of coronavirus (COVID-19) amongst the school community 11. Contain any outbreak by following local health protection team advice It also covers ‘Alternative Provision’. Section 2: School operations: • Transport • Dedicated school transport, including statutory provision • Wider public transport • Pupils travelling from abroad • Attendance • Self-isolation and shielding • Pupils and families who are anxious about attending school • Action for all schools and local authorities • School workforce • Staff who are clinically extremely vulnerable • Staff who are clinically vulnerable • Staff who are pregnant • Staff who may otherwise be at increased risk from coronavirus (COVID-19) • Employer health and safety and equalities duties • Supporting staff • Staff deployment • Deploying support staff and accommodating visiting specialists • Recruitment • Supply teachers and other temporary or peripatetic teachers • Expectation and deployment of ITT trainees • Performance management and appraisal • Staff taking leave • Other support • Safeguarding • Catering • Estates • Educational visits • School uniform • Wraparound provision and extra-curricular activity Section 3: Curriculum, behaviour and pastoral support: • Curriculum expectations • Education is not optional • The curriculum remains broad and ambitious • Specific points for early years foundation stage (EYFS) to key stage 3 • Specific points for key stages 4 and 5 • Music, dance and drama in school • Minimising contact between individuals • Performances • Peripatetic teachers • Music teaching in schools and colleges, including singing, and playing wind and brass instruments in groups • Playing outdoors • Playing indoors • Singing, wind and brass playing • Social distancing • Seating positions • Microphones • Handling equipment and instruments • Handwashing • Avoiding sharing instruments • Handling scores, parts and scripts • Suppliers • Pick up and drop off points • Individual lessons and performance in groups • Social distancing • Avoid sharing instruments • Physical activity in schools • Catch-up support • Behaviour expectations • Pupil wellbeing and support • Hospital schools Section 4: Assessment and accountability: • Inspection • Primary assessment Section 5: Contingency planning for remote education: • Process in the event of local outbreaks • Contingency plans • Remote education expectations • Special educational needs • Vulnerable children • Delivering remote education safely • Remote education support Annex A: Health and safety risk assessment: • Sharing your risk assessment • Monitoring and review of risk controls • Roles and responsibilities • Wider guidance on the risk assessment process • Consulting employees (general) • Resolving issues and raising concerns • Approach to risk estimation and management Annex B: education, health and care (EHC) plans: • SEND legislation • Risk assessments for children and young people with education, health and care plans (EHC) ‘What parents and carers need to know about early years providers, schools and colleges in the autumn term’ [updated on 6/11/2020] Covers matters similar to the above but now from a parent’s perspective and also includes things like attendance/assessments/admissions/uniform/mental health & well-being/local restrictions etc. I hope that this helps you. 
THIS UPDATE’S FOCUS IS ON…
IPSEA (Independent Provider of Special Educational Advice) If you received my weekly updates during March to July, focused on the Covid-19 ‘lockdown’, you may recall that I not only highlighted information that I found in the news, but also as much useful information that I could find on other helpful education/disability websites. I have therefore decided to try and now make the second section of these updates focus on organisations like these, to try and signpost people to information/resources that they are able to provide to people. In this update, I want to draw your attention to IPSEA (Independent Provider of Special Educational Advice) and some of the information that they provide on their website and tell you a little bit about what they do. I have been dealing with SEN cases personally as a solicitor for nearly 25 years now. Throughout this time, whether as a ‘baby’ lawyer, or the more experienced lawyer that I hope that I have now become, I have always been involved with IPSEA in one way or another. I have also been extremely lucky during that time to watch IPSEAblossom into the very effective organisation it is now, which consistently provides help to both parents (mainly) and professionals involved with SEN. Their website is updated regularly, including for the past seven months or so about Covid-19, school re-opening and SEN provision. Under their page entitled ‘Who we are’, they say the following: “Independent Provider of Special Education Advice (known as IPSEA) is a registered charity (number 327691) operating in England. IPSEA offers free and independent legally based information, advice and support to help get the right education for children and young people with all kinds of special educational needs and disabilities (SEND). We also provide training on the SEND legal framework to parents and carers, professionals and other organisations. Why families need IPSEA By law, children with SEND are entitled to educational support that meets their individual needs. Since IPSEA was formed in 1983, we have helped to improve educational support for thousands of children with all kinds of SEND. We do this by providing free and independent legally-based information, advice and casework support. Our unique range of services has been developed to ensure that families understand their children’s legal rights and entitlements and that they are empowered to enforce those rights to secure the right education for their child. How we help IPSEA has a suite of free downloadable legal guides and resources available to parents and carers. These guides are complemented by a free Advice Line which provides legally based information and next step advice on any educational issue that is a result of a child's SEND. IPSEA’s Tribunal Helpline gives next step advice on appeals and disability discrimination claims to the SEND Tribunal and is also the gateway to our Tribunal Support Service where a referral can be made for more extensive casework support from a volunteer, including representation at the hearing. Our advice services are delivered by a national network of around 200 highly-trained volunteers, supervised and supported by IPSEA’s Legal Team members. IPSEA provides legal training for parents, school staff, parent carer forums, support groups and other organisations in order to increase their knowledge and understanding of the SEN legal framework. The proceeds raised from our training courses helps fund IPSEA’s core services (Advice Line, Tribunal Helpline and Tribunal Support Service). We also work to challenge unlawful SEND policy and influence policy development at both a local and national level. Our policy work is informed by information and evidence captured through our training and advice services, and has been instrumental in shaping law and policy in the field of special educational needs and disability. IPSEA also provides information about the range of services that they have developed and on their page entitled ‘Our Services’ they say as follows: “Our unique range of services has been developed to ensure that families, and those advising them, understand children and young people’s legal rights and entitlements to education provision. Advice Line Our Advice Line provides legally based information and next step advice on any educational issue that is the result of a child’s special educational needs or disability Tribunal Helpline Our volunteers give next step advice on appeals and disability discrimination claims to the SEND Tribunal Tribunal Support Service We make referrals for more extensive support from a volunteer, including representation at Tribunal hearings Information Service Our Information Service is for general legal enquiries and will signpost you to fact sheets and resources on our website” If parents need help about SEN, IPSEA provide other information and also some model letters about which they say: “You can download and amend our model letters to use for your own purposes. You should read the relevant section of the site about each topic first to ensure you understand how and when to use these letters. EHC needs assessments · To request an Education, Health and Care needs assessment (Model letter 1) · To request a re-assessment (Model letter 2) · Complaining when the LA does not respond to a request for an EHC needs assessment within the 6 week time limit (Model letter 9) · Complaining when an EHC needs assessment is not being carried out properly (Model letter 7) · Complaining when the LA has not issued the draft or final EHC Plan following assessment (Model letter 10) Amending EHC plans · To respond to the draft EHC plan sent by the LA (Model letter 3) · Complaining when the LA will not consider the school or college you want named in your EHC plan (Model letter 14) · Objecting to the amendments the LA is proposing to an existing EHC plan (Model letter 4) · Complaining when the local authority does not send out the final amended EHC plan in time (Model letter 15) IPSEA also provides a range of training to both parents and professionals (see their page entitled: ‘Learn about and book training’) and they also provide two very informative pages, entitled ‘News’ (which is constantly updated) and ‘IPSEA Blogs’. As I say, IPSEA is a very effective organisation for those parents and professionals who need to know about SEN. I hope that this also helps you.
FORTHCOMING SEN EVENTS
In my last SEN Update (at the beginning of the Autumn Term 2020-21), I said that the main SEN events that were due to take place around this time (many of which had been previously due to take place earlier this year) have had to be put off until next year now. I know that the Autism Show ran a webinar week recently, but it will not be up and running in person again until next June/July 2021. In terms of more forthcoming SEN events, I would draw your attention to the following:
I do realise that further changes in the Covid-19 pandemic rules may again affect whether these events actually can go ahead in person or not, so I would encourage you to keep abreast directly of what is happening with them, if one of these events interests you. 
I CAN’T MOVE I’M AFRAID…
Having been working from home on a full-time basis for the last seven months or so, I am no longer galivanting around the place in my wheelchair in London (where I live), or going on my little ‘adventures’ around the world (where I go on my charity bike rides). Although I can still go to events/places ‘virtually’, over these recent months I have been reflecting on some of the situations that I have found myself in over the years, some of which have been quite amusing sometimes. So, I want to share some of these stories with you here. In this update, I want to first tell you about what happened to me when I was supposed to be going to a very prominent event, where an eminent person was due to be giving a lecture. The event was held in a very prestigious place in the midst of winter. As I knew that it would be a sought-after event, I had booked places well ahead of time and took some of my team with me. I was really looking forward to it and put a lot of planning into making sure that I could be there. How different things would have been now if the lecture had been given virtually, so that I would be able to enjoy it from the comfort of my own home. As I cannot use public transport in my electric wheelchair, we all took a large people-carrier cab up to the venue (which can also transport my wheelchair for me). We were all very excited to be going to the event and I had planned for us to arrive at the venue in good time, in order to get ahead of the curve and get good seats near the front, where I would be able to properly see the speaker (I am afraid that I also have a visual impairment, so I need to sit as close as possible to the front of a seated event, in order to see the speaker properly). However, although we arrived in good time, when we got there and the cab driver took my wheelchair out of the cab for me to sit in, after I sat in it and only moved forward just a few inches, one of my front castors (the small wheels on the front of a wheelchair) came off, so I suddenly came to a complete halt and was almost tipped out forwards from the wheelchair. The castor had obviously been coming off slowly and had probably chosen this time to come off completely, so as to cause me the maximum difficulty! At the same time, the doorman of the venue, who could see that something was wrong, came down to ask me if he could help me with anything (the venue had a number of steps up to the entrance, so I had anticipated that I would be taken to a side entrance to get in, as I usually have to). When he saw the predicament that I had been placed into, he kindly brought out a chair for me to sit on. However, as it was quite a stately venue, the only chair that he could find to bring me was a very proper and ornate high-backed one, that looked a bit like a throne! Although it was very comfortable for me to sit upon, I now felt a little bit strange and self-conscious sitting on it at the front of this venue, watching people go inside, like I was some sort of king observing his subjects. Try as we may, we could just not get the castor back onto the wheelchair safely and, as time was now going by quickly and I could see lots of people arriving and going into the venue, I told the other members of my team that they should go in now and enjoy the lecture without me, which they reluctantly did, after my insistence. I then called for another cab to pick me up and take me home, but was then told that it would now be a 30 minutes or so wait, as it was the rush hour at the end of the working day. So, I waited on my ‘throne’ outside at the front of the venue, with my lopsided wheelchair besides me, getting colder and colder. Remember it was mid-winter and I had thought that I was traveling to and from the venue in a warm cab, so I was not really dressed up as warmly as I should have been. Every once in a while (although, to my increasing embarrassment, it seemed constantly), people going into the venue would ask me if I was alright and whether they could help me go in (they could see my wheelchair besides me, so had realised that I was physically disabled). I just kept smiling though as much as I could (it really was not easy) and just told them that I was fine, even though I was clearly demonstrably not! Finally, just before the cab arrived and helped to end this awful chapter in my life, although I had managed to by then to keep smiling and give out my standard response that I was fine to well-meaning strangers asking if they could help me go in, I could now no longer hide my frustration. So, when now it seemed the hundredth person asked me if I was alright and if I wanted to go into the venue, I heard myself now say through shivering and chattering teeth: “I would if I could, but I can’t move, I’m afraid!”.
With best wishes
Douglas
How useful do you find my SEN Updates?
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by Douglas Silas
Specialist SEN solicitor 
The first thing I usually say to you in my first SEN Update, at this time of year, is welcome back again after the summer break.
But this year I am only going to say welcome back again after the break! This is because I am very conscious this year that some people have been really on a ‘break’ since the end of March this year because of the Coronavirus/Covid-19 situation and I know that the year so far has been an extremely different and difficult one for everybody. It is also like we have accelerated our move into the digital world through this time! I sure that the current situation is going to continue for a while in one form or another and we are all going to have to adapt to the new ways we have had to find to do things. For my part, I am going to continue sending my SEN Updates out (but now in the second week of every new term/half-term on a Monday morning now, as opposed to a Friday, as I did with my weekly updates during the initial ‘lockdown’. I know how important it is to have a reliable/routine source of information available from someone you know that you can trust to tell you how it is! In this, my first SEN Update for the academic year 2020-21, you will find sections entitled:
As I always say, I know how busy everyone always is, so please feel free just to read the sections that are of interest to you or read everything; the choice is always yours.
Don’t forget, to ensure that you never miss out on one, you can get my SEN updates personally by completing your email details above, or by following me on one of the Social Media platforms that I use, which you will find on the right of this page.
You can also share this update with others (please only do so if it may be relevant to them), by using one of the icons usually to the right or at the bottom of this page. 
GOVERNMENT UPDATES (EXTERNAL CHANGES)
You may have already seen the SEN Update that I sent out a week or so before schools went back called ‘Getting Back to School’, which referred to lots of Government guidance issued for those of you who needed it. Although there was a lot of guidance before, as things seem to be moving quite fast still, I would like to bring your attention to a few further things that have been sent out since by the Department for Education (DfE) here. These are very long and detailed sections, so please feel free to skip one or both of them if they do not concern you.
First, I would like to draw your attention to the Secretary of State’s announcement on 2/7/2020 about ‘Changes to the law and education, health and care needs assessments and plans due to Coronavirus (Covid-19)’ which was first issued on 30/4/2020 and updated on 26/8/2020, which you can find by clicking on the link which then refers to a couple of further links, which provide more detailed information.
The advice itself is entitled ‘Education, health and care needs assessments and plans: Guidance on temporary legislative changes relating to Coronavirus (Covid-19)’ and says as follows: ‘Purpose of this guidance On 1 May 2020 some aspects of the law on education, health and care (EHC) needs assessments and plans changed temporarily to give local authorities, health commissioning bodies1 , education settings and other bodies who contribute to these processes more flexibility in responding to the demands placed on them by coronavirus (COVID-19). These changes were: a) The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 (the ‘Amendment Regulations’). This instrument temporarily amends 4 sets of Regulations that specify timescales that apply to local authorities, health commissioning bodies and others: principally for various processes relating to EHC needs assessments and plans. Where it is not reasonably practicable or is impractical to meet that time limit for a reason relating to the incidence or transmission of coronavirus (COVID-19), the specific time limit (such as to issue a plan to someone eligible for one within 20 weeks of the initial request) in the regulations being amended will not apply. Instead, the local authority or other body to whom that time limit applies will have to complete the process as soon as reasonably practicable or in line with any other timing requirement in any of the regulations being amended (see Annex A: details of the amendments to the existing Regulations). These changes will come to an end on 25 September 2020, after which all the usual statutory timescales will come back into force. b) From 1 May to 31 July 2020, section 42 of the Children and Families Act 2014 (duty to secure special educational and health care provision in accordance with EHC plan) was modified by a notice from the Secretary of State for Education issued under the Coronavirus Act 2020. During this period, local authorities and health commissioning bodies were required to use their ‘reasonable endeavours’ to discharge this duty. To help ensure that children and young people receive the support they need to return to school, we will not be issuing further notices to modify this duty unless the evidence changes. This guidance provides a summary of the legislative changes described in paragraph (a) above and sets out the key implications for all those who play a part in the processes relating to EHC needs assessments and plans. It is intended to help those with statutory duties relating to SEND to understand how the temporary changes to the law affect them and how to discharge any duties that have been amended. It also sets out our expectations over how EHC needs assessment and plan processes should be managed if there are likely to be cases still in progress when the Amendment Regulations expire on 25 September where the coronavirus exception has been used. This guidance is non-statutory. All decisions must be made on the facts of the case and the interpretation of legislation is ultimately a matter for the Courts. The target audience for this guidance is: · families and parent carer forums · SEND Information, Advice and Support Services (SENDIASS) · local authorities (both their SEND and social care services, at a strategic and operational level) · health commissioning bodies (again, at both strategic and operational level) · early years providers, schools, colleges and other education settings · others who contribute advice and information to EHC needs assessments, such as educational psychologists and other health care professionals · mediation advisers This guidance also confirms which key elements of the processes over EHC needs assessments and plans are unchanged. Notably this includes that a local authority must: · still consider requests for a new EHC needs assessment · still secure all of the required advice and information in order to be able to issue a plan · have regard to the views and wishes of a child, the child’s parent or a young person when carrying out its SEND functions under the Children and Families Act 2014 (‘the 2014 Act’) Given that the changes to legislation are temporary, we will not be updating the statutory guidance, the SEND code of practice: 0 to 25 years. We recommend that anyone referring to the SEND code of practice about EHC needs assessment and plan processes that are operational between now and 25 September also reads this guidance. It is also important to refer to the Amendment Regulations for the full detail of the changes. This document is part of delivering on our ongoing commitment to ensuring that children and young people with complex needs are supported effectively during this national health emergency. As such, it sits alongside the autumn term guidance for: · early years and childcare providers · mainstream schools · special schools and other specialist settings · further education (FE) colleges and providers The autumn term guidance provides information on steps these settings will need to take to ensure children and young people with SEND can return to full-time provision.’
I also referred previously to the ‘Guidance for full opening: special schools and other specialist settings’ in my previous email, but this guidance was updated last week on 8/9/2020 and the email I received the next day from the DfE said as follows:
‘We would like to draw your attention to an updated version of the Guidance for full opening: special schools and other specialist settings to reflect the actions special schools and other specialist settings need to take to support full opening from the start of the autumn term. The main updates are listed at the start of the document and include:
• changes to SEND legislation • use of face coverings in settings • the framework for supporting transport to and from settings • pupils who are shielding or self-isolating • actions for all schools and local authorities with regards to recording attendance and absence • employer health and safety and equalities duties • support available for schools with regard to supply teachers • performance management and appraisal for teachers • health and safety • music, dance and drama in school • wraparound provision and extra-curricular activity • physical activity in schools • new resources available for pupil wellbeing and support • behaviour expectations • primary assessment • additional resources available for delivering remote education • health and safety risk assessments for those with an EHC plan AGPs The government is committed to a full return to school for all pupils. There are a small number of children with complex needs that require AGPs to be undertaken where risks need to be carefully managed in the context of the pandemic and we are aware of the concerns being raised around this issue. Schools, health and local authority partners need to work together on how the current guidance applies in their setting and to the specific children they are working with in order to enable them to return to school safely. We have heard examples of good practice locally and are working with PHE and NHSE to establish whether any changes to the guidance or further information about practice principles are needed. It is important that schools communicate clearly with parents on progress towards supporting children who need AGPs to return to school safely.’
There have also been further developments in terms of education, so I would also draw your attention to a letter sent out by Vicky Ford, the parliamentary Undersecretary of State for Children and Families, addressed to children and young people with special educational needs (SEND), their families and carers and those who work to support them. The email that I received, which I was asked to share as widely as possible, said:
‘The letter provides advice and guidance on several issues, including behaviour, risk assessments, face coverings, specialist and visiting practitioners, mental health and well-being, aerosol generating procedures and hospital schools, as well as linking to some of the support available to help’, The letter itself states: ‘As minister with responsibility for special educational needs, I wanted to write to you about support for children and young people with special educational needs and disabilities (SEND) to return to school. Return to school I am extremely grateful to those working in schools and colleges for the preparations they have made to ensure all children and young people can get back into the classroom, with many returning for the first time since March. I recognise that for children and young people with SEND, and their families and carers and those who work tirelessly to support them, this is a particularly challenging and anxious time. Returning to education is vital for the education of all children and for their wellbeing – time out of school is detrimental for children’s development, particularly for disadvantaged and vulnerable children. All children and young people value the structure and routine of regular attendance as well as the support and strong positive relationships provided by their school or college. It is critical that all children can one again benefit from a full time five day a week on-site education. I do recognise, though, that the return to school may be more difficult for some children and young people, particularly those who have had to shield, received their education remotely without full access to specialist support, or been exposed to a range of adversity and trauma including bereavement, anxiety and in some cases increased welfare and safeguarding risks. Schools and colleges should work with children and young people with SEND and their families and carers so that they receive the education, therapeutic/specialist support, and reasonable adjustments that they need. The prolonged period of absence from schools and colleges may contribute to disengagement with education upon return to school, resulting in anxiety which could lead to increased incidence of poor behaviour. School leaders should be mindful that disruptive behaviour might be the result of unmet educational or other needs and consider whether a multiagency assessment is necessary. The Whole School SEND (WSS) Consortium have produced a handbook to support educational professionals to successfully re-engage pupils with learning after a period of disruption. They have also produced a COVID-19 SEND Review Guide to help schools reflect on their provision before September and a leaflet to support families and carers ask questions to schools to support successful returns. These resources are available on the SEND Gateway and webinars are hosted on WSS’s YouTube page shortly after being delivered. Details of future training sessions are held on the events page of the SEND Gateway. You can opt to join Whole School SEND’s community of practice when you sign up for an event to receive notifications about future training and resources as they are published. Behaviour policies To assist all school leaders and staff in welcoming back all pupils, we have developed a tool for mainstream schools to support the re-engagement of pupils. To further support schools, our full opening guidance advises that schools and specialist settings should update their behaviour policy to reflect the new protective measures, as well as any new rules and routines. In the event that a pupil’s behaviour warrants disciplinary action, the normal rules apply and the disciplinary powers, including exclusion, that schools currently have remain in place. Permanent exclusion should only be used as a last resort and must be lawful, reasonable, and fair. Where a child with a social worker is at risk of exclusion, their social worker should be informed and involved in relevant conversations. Any disciplinary exclusion of a pupil, even for short periods of time, must be consistent with the relevant legislation. Headteachers should, as far as possible, avoid permanently excluding any pupil with an Education, Health and Care Plan. Pre-empting that a pupil may commit a disciplinary offence, and thus not allowing a pupil to attend school is an unlawful exclusion. Ofsted will continue to consider exclusions, including the rates, patterns and reasons for exclusion and to look for any evidence of off-rolling. Off-rolling is never acceptable. Ofsted is clear that schools placing pressure on parents to remove their child from the school (including to home educate their child) is a form of off-rolling. Elective Home Education should always be a positive choice taken following a discussion between parents the school, and the local authority about how the needs of the child might best be met. This is particularly important where vulnerable children, children in need, and those at greater risk of harm are involved. Risk assessments It may be necessary to undertake individual risk assessments to understand the level of additional support a child or young person may need. These can help reassure pupils, families and carers, and staff that it is safe for the pupil to be welcomed back to school. Risk assessments should inform a plan of action which focuses on supporting attendance and engagement and identifies what additional support children and young people need to make a successful return to their full time education. Such an assessment would also be useful if children and young people have to self-isolate or if a local outbreak of Covid-19 requires a school or college to return to more limited attendance. Face coverings To provide further reassurance, we have also updated our guidance on face coverings. Schools and colleges will have the discretion to require face coverings in indoor communal areas where social distancing cannot be safely managed, if they believe that it is right in their particular circumstances. In areas of national government intervention where the transmission of the virus is high, in education settings where Year 7 and above are educated, face coverings should be worn by adults (staff and visitors) and pupils when moving around indoors, such as in corridors and communal areas where social distancing is difficult to maintain. However, we have been clear that some individuals are exempt from wearing face coverings, including people who cannot put on, wear or remove a face covering because of a physical or mental illness or impairment or disability or people who are speaking to or providing assistance to someone who relies on lip reading, clear sound or facial expression to communicate. The same exemptions will apply in education settings, including for staff providing specialist interventions and therapies, and we would expect teachers and other staff to be sensitive to those needs. More information on face coverings can be found here. Specialist and visiting practitioners Settings should minimise the number of visitors where possible, however, visiting specialists such as therapists, clinicians, peripatetic teachers and other support staff for pupils with SEND should provide interventions as usual, including moving between settings as required. Visitors may also include NHS staff, such as those delivering vaccinations as part of the national childhood immunisation programme, which are essential for children’s health and wellbeing. Such specialists will be aware of the PPE most appropriate for their role. Mental health and wellbeing There will be some children and young people with SEND who will return to school with additional social, emotional and mental health needs. NHS mental health services remain open and have adapted to provide ongoing support to children and young people who need it. NHS mental health trusts are ensuring ongoing access to 24/7 crisis lines to support people of all ages. The Wellbeing for Education Return programme will provide £8 million of funding, training, and resources for local authorities to equip education staff with resources, training and ongoing advice and support to promote children and young people’s wellbeing and mental health. This will link to and include resources sensitive to and supportive of children and young people with SEND. Aerosol generating procedures There are a small number of children with complex needs that require aerosol generating procedures (AGPs) to be undertaken. Schools, health and local authority partners need to work together on how the current guidance applies in their setting and to the specific children they are working with in order to enable them to return to school safely. We have heard examples of good practice locally and are working with PHE and NHS England to establish whether any changes to the guidance or further information about practice principles are needed. It is important that schools communicate clearly with parents on progress towards supporting children who need AGPs to return to school safely. Hospital schools There may be other reasons where any child or young person may be absent from school, including those with SEND. Where children and young people are receiving hospital education on hospital sites then should continue to be supported, including through remote learning support as necessary, to minimise the impact of their hospital stay on their education. Once again, we would like to thank you for the hard work that you have done to prepare for the full return of children and young people for the new school year. Yours sincerely, Vicky Ford MP Parliamentary Under-Secretary of State for Children and Families’
I hope that this helps people.
MY UPDATES (INTERNAL CHANGES)
I have also made a few internal changes to things to try and help people. You may have noticed that our website now has a more clear and simplistic approach, which I hope you will find much easier to navigate and find information on that you may need. For example, I have put all of these SEN Updates into an easily navigable page simply called ‘SEN Updates’ and have also tried to categorise my updates so that you can search for topics more easily if you need to. You can now also sign up to get one of my (free) email courses entitled: ‘A Guide to SEN’, ‘How to Win a SEN Tribunal Appeal’ or to just get these regular ‘SEN Updates’ on every page and I have also made it easier to find our video cartoons/SEN FAQs which help explain things to people. Additionally, I have updated my Guide to the SEND Code of Practice for the academic year 2020-21, which is available (again free) to read on theKindle bookstore. I hope that this also helps people.
FORTHCOMING SEN EVENTS
In my updates, I always like to try to draw people’s attention to some forthcoming SEN events which I think may be of interest to them. I actually talked about this in my Update on 13/7/2020 called ‘Dates For Your Diary’. Unfortunately, many of the things that I usually refer to are not available at the moment, because of the restrictions currently in place, and some have now been put back again, so I will just highlight the same things as follows:
IT ALL SEEMS TO HAVE GONE VIRTUAL NOW! As I am physically disabled and quite vulnerable myself as a wheelchair-user, I have to be very careful because, so personally have not even ventured out of my front door more than once in the past six months (don’t worry, I know that this thing will eventually pass). But I and many people have very quickly got very used to doing things virtually and have even actually enjoyed being able to work from home and to have more time now to be able to see more of my family. Although some restrictions have been lifted (although some have also recently been put back in place), ‘holidays’ this year for many people were very different from how they have been in previous years. I knew that I would not be able to leave my home, but I still took a week’s holiday in August with my wife, Erica, and we visited many places around the globe ‘virtually’. We actually visited many places that I would never be able to go to in real life, because of my accessibility requirements and we also visited lots of places that we could never do in just a week’s holiday. For example, we visited the Taj Mahal in India one day, to the Great Barrier Reef and a lot of Australian cities like Sydney, Melbourne, Canberra the next; then to Tokyo in Japan, to the Grand Canyon, Niagara Falls, the Colorado Plains, Death Valley in America; then to the Pyramids in Egypt. In fact, we even saw the Northern Lights in Norway, the Colosseum in Rome, Mexico, Alaska and there were other places too. Phew! I cannot believe now that we saw so much in just a week! And whilst doing this virtually, my mind was taken back to the time that we physically visited Amsterdam a couple of years ago. We had booked tickets to visit the Anne Frank museum. When we got there though, it was explained to us that, as a wheelchair user, I would not be able to do the tour, as it required a lot of climbing up quite steep steps. However, I was told that I could do the tour ‘virtually’ through a virtual reality headset being put on me in the cafeteria. This was the first time that I had ever used a virtual reality headset and I found the whole experience quite amazing. It must have been very funny for people to watch me in the cafeteria constantly turning my head around from right to left, to see everything that I wanted. When Erica returned after having done the physical tour, we compared our experiences. I was then very amused to find that I had actually visited a lot of places virtually, that she had been unable to on the tour physically because they had been sectioned off to protect them. You see, sometimes doing something virtually, can actually be better than doing it for real itself! As I said in the title of this update, ‘The Times They Are A-Changin’. With best wishes Douglas
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by Douglas Silas
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Hi
I have decided to write/send this quick SEN Update about a week before schools go back for the new academic year this year (I will send my normal SEN Update for the Autumn Term in the week after schools go back). This is because I know that this year there is a lot of confusion and complexity about getting children and young people back into school after the Covid-19/Coronavirus situation. I thought I would firstly try and make things a little easier for people by preparing this video below...
I am also sending you links to some information and guidance that you may benefit from, as follows:
You may also find it helpful to look at:
And if that were not enough(!), I am also putting a link here to some further guidance produced over the summer, as follows:
I hope that this helps people. With good wishes, Douglas
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by Douglas Silas, specialist SEN solicitor.  Here is my update for this week. It’s been a bit of a slow week again for SEN news I am afraid. Things seem to be really slowing down for summer now. However, although this now will be my last update on SEN and Covid-19 (don’t worry, I am going to restart my SEN Updates again as usual from September), I have still managed to find some useful resources/information for you again this week. I hope that this helps people again. 1. What has happened this week?  The first thing that I want to bring your attention to is the website of Well Child, the charity for sick children. They have a lot of advice and resources available to or parents and carers of children with serious health conditions , including help accessing PPE (Personal Protective Equipment) and supplies, plus information for companies and stay-at-home fundraising suggestions. I was very taken by their page called the ‘COVID-19 Direct Response Service’, which states: “In response to the COVID-19 pandemic, we are offering a Direct Response Service to get the Personal Protective Equipment (PPE) and support with supplies that parents and carers need”… READ MORE  The next thing that I want to draw you attention to is the webinar this week on 23 July 2020 entitled: ‘Returning To School In September’ being put on by 39 Essex Street chambers, where leading lawyers, Polly Sweeney, Steve Broach and Alice Irving will be delivering a webinar on the legal rights of children and young people with special educational needs and disabilities returning to School in September and which says it will cover issues such as: ‘The latest government guidance and what is expected of families from September’; ‘What support and provision children and young people with SEND will be entitled to receive’; ‘Do children and young people with SEND have to return to School’; ‘Children and young people who have been shielding’; ‘In what circumstances parents can be fined for non-attendance’… READ MORE  The last thing that I want to refer you to here is actually not a resource or useful information at all, but just a news piece that I found on the BBC’s website which I thought may be of interest to you, entitled: ‘'No plan B' for exams if schools disrupted in autumn’, which said… READ MORE 2. What does all of this mean? I guess we will just have to wait and see what happens now in September/the Autumn. I don’t think anybody could have predicted what has happened in the last 4/5 months or so and it would be foolish for me to try and predict now what is going to happen in the next 4/5 months. However, I am going to leave you on an as positive note as I can if I may before I also break for the summer, by sharing a link to a video with you that I was sent a few months ago called: ‘The Great Realisation’. I apologise if you have already seen it, but it is so good that it is worth watching twice. I hope that you find it as uplifting as I have done… 3. Where can I find further information? Aside from clicking on the relevant links for more information, I would again remind you of the very useful resources and information provided on the following websites:
- IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor Here is my update for this week. It’s been a bit of a slow week for SEN news I am afraid. So, as I know that people sometimes rely on my SEN updates to keep abreast of forthcoming SEN events and, as nearly all of them in the past few months and those in the next few months have had to be rearranged, I thought it may be helpful for me to give you some information about these this week. I hope that this helps people again 1. What has happened this week?  As you may recall, the Naidex exhibition which focuses on disability and which was due to be held at Birmingham NEC in March, is now due to be taking place on 9-10 November 2020. Their website states: “Naidex is Europe’s largest and most inclusive event for the independent living community. Naidex is for all! We welcome everyone who is living with health conditions or impairments, as well as anyone caring for or supplying to this community.” READ MORE  The next thing that I want to draw you attention to it The Autism Show, which was due to take place at Excel in London, the NEC in Birmingham and at EventCity in Manchester, in June 2020. It is now due to be taking place at the same venues, but in a slightly different order this time on 20-21 November at EventCity in Manchester on 4-5 December at Excel in London and at the NEC in Birmingham on 11-12 December 2020. Their website states: “If you’re looking for information and direction pre or post diagnosis, are facing daily challenges, or approaching significant transition points, then The Autism Show can help you.” READ MORE  The third thing that I want to highlight this week is the TES SEN show, whose London show usually takes place in October every year and who were, for the first time, going to also hold a North show in April in Manchester. However, they have only rescheduled (as far as I can see) to again only hold a London show at the Business Design Centre on 8-9 January 2021 Their website states: “Visit the UK's leading special educational needs (SEN) show on 8 - 9 January 2021 and discover the tools, resources and support to empower young learners with SEN.” READ MORE 2. What does all of this mean? I know that a lot of people are nervous still about going to exhibitions again and I am sure that the organisers of all these events have put in place as many facilities and precautions as possible, to make everything as safes as can be. In fact, the Naidex website actually states: “We have been working closely with all event industry stakeholders developing an industry-wide ‘All Secure Standard’ alongside the UK government that will allow organised industry gatherings take place again. Through the four key cornerstones we will ensure our visitors, exhibitors, and colleagues, are protected whilst making events high-quality and productive experiences.” However, please do not feel under any pressure to go to these events if you do not feel able or ready to. Your health and the health of your loved ones around you always comes first… 3. Where can I find further information?
Aside from clicking on the relevant links for more information, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor Here is my update for this week. There has been a lot of Government guidance issued this week, so just in case you missed any, I am going to set them out again below. I hope that this helps people again. 1. What has happened this week?  The first bit of guidance that I want to draw you attention to is the one entitled: ‘Guidance for full opening: schools’. It said that it is guidance that applies to all schools in England and is to apply from the start of the autumn term and that it has been published before the start of the new academic year to help people prepare and says… READ MORE  The next bit of guidance that I want to refer to is the one entitled: ‘Guidance for full opening: special schools and other specialist settings’, which said that it is the Government’s plan that all children and young people, in all year groups and setting types, will return to education settings full time from the beginning of the autumn term. The guidance says that it is intended to support special schools, special post-16 institutions (SPIs) and other specialist education settings, such as hospital schools, to prepare for this and says… READ MORE  The third bit of guidance that I want to highlight is the one entitled: ‘Actions for early years and childcare providers during the coronavirus (COVID-19) outbreak’, which was first issued in March, but was updated this week. It says that it is guidance for providers registered with Ofsted and childminders registered with childminder agencies for children of all ages and says… READ MORE  The final bit of guidance that I want to bring to you attention to is the one entitled: ‘Guidance for further education and skills providers’, which was also first issued in March, but also updated this week. It says that it is guidance for further education (FE) providers on maintaining education and skills training, changes to funding arrangements, data collections and assessment and says… READ MORE 2. What does all of this mean? The best summary that I have found of everything is on the Council for Disabled Children’s website entitled: ‘Department for Education publishes new guidance for schools and other educational settings in September’, which says: ‘Today the Department for Education has published detailed guidance to support schools and colleges to fully reopen in September and early years and childcare providers from 20 July. At a press conference this afternoon, the Education Secretary, Gavin Williamson announced:
This means all children are expected back in school, full time from September and all provision for SEND should be in place. Risk assessments for children and young people with education, health and care plans will remain in place. The government published ‘Guidance for full opening: special schools and other specialist settings’. Below is an extract: “Following the partial closure of educational and childcare settings from 20 March 2020, we asked local authorities to consider the needs of all children and young people with an EHC plan and to carry out a risk assessment. Local authorities were asked to work with education settings and parents or carers to determine whether children and young people would be able to have their needs met at home and be safer there than attending an education setting. Risk assessments may prove useful now and over the autumn term, in identifying what additional support children and young people with EHC plans need to make a successful return to full education. Risk assessments may also prove useful if children and young people have to self-isolate, or if a local outbreak of coronavirus (COVID-19) requires a setting to return to more limited attendance, or temporarily close. Whether individual risk assessments are used to help plan for the autumn term or not, education settings should, in the spirit of coproduction, contact parents and involve them in planning for their child’s return to their setting from September. They should also contact and involve young people over 16 who have EHC plans. That might include visits to the setting, social stories, and other approaches that specialist settings normally use to enable a child or young person with SEND, who has spent some time out of education, to return to full provision.” The usual rules on school attendance will apply, including:
The only pupils who are exempt are those who are unable to attend school because they are complying with clinical and/or public health advice. In that case, schools will be expected to be able to immediately offer access to remote education. Schools are also required to ‘monitor engagement with this activity’. In regards to the temporary changes to SEND legislation where local authorities and health commissioners were required to use ‘reasonable endeavours’ to secure or arrange provisions for a child’s EHC this is expected to cease on July 31st and the absolute duty to provide back in place.’ I should probably also amplify on the last point, as the relevant guidance fully states: ‘Temporary changes to SEND legislation Since May, as a result of the outbreak, it has been necessary to modify Section 42 of the Children and Families Act 2014 so that local authorities and health commissioners must use their ‘reasonable endeavours’ to secure or arrange the specified special educational/ health care provision in EHC plans. We are committed to removing these flexibilities as soon as possible so that children and young people can receive the support they need to return to school. As such, unless the evidence changes, we will not be issuing further national notices to modify the EHC duties, but will consider whether any such flexibilities may be required locally to respond to outbreaks. We will also continue to monitor the need for the temporary changes to the law on EHC needs assessments and plans that give local authorities and others who contribute to the relevant processes more flexibility in responding to the demands placed on them by coronavirus (COVID-19). These changes are currently in force until 25 September. We remain committed to listening to and working with local authorities, parent carer representatives and specialist SEND organisations, to ensure that the lifting of the temporary changes is managed in a way that supports the needs of children and young people with SEND. All education settings have a statutory duty under equalities legislation to make reasonable adjustments for disabled children. Many children and young people will have found lockdown exceptionally difficult socially and emotionally. Settings should consider any challenging behaviours or social or emotional challenges arising as a response to the lockdown and offer additional support and phased returns where needed.’ 3. Where can I find further information?
Aside from clicking on the relevant links for more information, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor Here is my update for this week. I know that so much in Education/SEN news has revolved around and focused on the issue of school closures in the past few months. So, I have decided to try to get back to some degree of normality in this update and try to talk about other things, as well as schools hopefully reopening once more. I hope that this helps people again. (I also thought it would be easier this week to link you directly to the website pages I am referring to below, as they have useful links on them) 1. What has happened this week?  I know that many parents have become increasingly concerned about the fact that their children and young people with SEN have not been getting sufficient special educational provision in the past few months, whether or not they have been still able to go to school. I can therefore do no better than to highlight the very useful page on IPSEA’s website entitled: ‘Children and young people with EHC plans who are not getting enough special educational provision during the COVID-19 pandemic’, which also provides model letters which parents can use/adapt, which says: READ MORE  In fact, IPSEA have been very helpful in keeping people updated through the Covid-19 pandemic and have regularly updated a page entitled: ‘IPSEA update on COVID-19, school closures and SEN provision’, which this week was updated to say: READ MORE  In other news, the BBC’s website raised some concerns about the financial difficulties and practicalities of reopening nurseries, with an article entitled: ‘Nurseries warn of 'mass closures' as lockdown lifts’, which said: READ MORE  The BBC also reported on the arguments about ‘Social `Distancing’ in schools, in an article entitled: ‘Heads angry as government downplays school 2m rule’, which said: READ MORE 2. What does all of this mean? It seems clear now that our educational system generally for children and young people is going to probably take a very long time to get back on its feet properly. My personal concern is that it will probably take even longer and require much more effort to achieve with respect to children and young people with SEN. Like I said in my update last week when talking about the Government’s pledge to now put in £1b of extra funding to help pupils ‘catch up’, extra money for education is always a good thing, but the devil is always in the detail. For now, we really need to try and think ahead and plan as much as possible for as any different and varying scenarios as we can. It’s not easy, I know… 3. Where can I find further information?
Aside from clicking on the relevant links for more information, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor Here is my update for this week. Again this week I am setting out only part of the text of this week’s update for those of you reading this update by email, to try to make it a bit easier for people to read things and then only need to click on links which are of interest to them. (Again, anyone receiving this update through Social Media will be reading the full update as normal after clicking on the link). I hope that this helps people again. 1. What has happened this week?  It’s no surprise if you have already guessed again from the title of this week’s update, what the issue was again this week in SEN news –schools going back again! The beginning of the week saw an article on the BBC’s website entitled: ‘Coronavirus: A third of pupils 'not engaging with work', which said: “The vast majority of teachers (90%) say their pupils are doing less or much less work than they would normally at this time of the year, a study finds. The report by the National Foundation for Educational Research (NFER) says head teachers believe around a third of pupils are not engaging with set work. Limited or no access to technology was a problem for around a quarter (23%) of pupils, school leaders told the NFER. The government says it has committed over £100m to help home learning. The NFER report is based on findings from a survey of 1,233 school leaders and 1,821 teachers in England's state schools, carried out between 7 and 17 May. It raises particular concern about the impact of school closures, due to Covid 19, on the learning of pupils from the most disadvantaged areas, saying pupil engagement is lower in schools with the highest levels of deprivation. Secondary schools with the highest number of children eligible for free school meals reported that 48% of pupils were engaged with learning activities, compared with 66% and 77% of pupils at schools in the middle and lowest brackets. Teachers told researchers the following pupils were finding it particularly difficult to engage in remote learning, compared to their peers: - those with limited access to technology and/or study space - vulnerable children - those with special educational needs and disabilities - and young carers. Teachers say just over half (55%) of their pupils' parents are engaged with their children's home learning, according to the report. But teachers from the most deprived schools report a lower parental engagement, at 41%, than those from the least deprived schools, at 62%. NFER chief executive Carole Willis said: "There are considerable differences in the levels of pupil engagement in remote learning, particularly amongst the most disadvantaged pupils." There is a risk that the attainment gap will widen as a result of the pandemic, she added, calling for a "comprehensive and long-term plan to address this issue". Josh Hillman, director of education at the Nuffield Foundation, which funded the research, said: "The shift to remote learning during lockdown has made the implications of children and young people's unequal access to IT equipment and connectivity even more stark." Geoff Barton, general secretary of the heads' union ASCL, backed a national plan "to help these children to catch up". "This analysis shows that children who already face the greatest challenges have suffered the worst impact to their learning during the lockdown, and that the digital divide is largely to blame." A Department for Education spokeswoman said: "We will do whatever we can to make sure no child, whatever their background, falls behind as a result of coronavirus. "We are also considering, with a range of partner organisations, what more is required to support all pupils who have been affected by school closures." The NFER study comes as a research paper from University College London's Institute of Education finds pupils across the UK are studying for an average of 2.5 hours a day during lockdown. This figure is about half that indicated by a previous survey by the Institute for Fiscal Studies, suggesting that learning losses could be much greater than previously thought. The UCL research, which examined data from a UK household longitudinal study covering 4,559 children, says one fifth of pupils (around two million children in the UK) did no schoolwork or less than an hour a day at home, while 17% put in more than four hours a day. It finds that the variability in the amount of schoolwork being done at home is adding to existing regional and socioeconomic inequalities, with pupils in London, the South East of England and Northern Ireland receiving more offline schoolwork, such as assignments, worksheets and watching videos, than elsewhere in the UK. In the South East, for example, 28% of children were receiving four or more pieces of offline schoolwork per day, compared with the countrywide average of 20%. The report also says children eligible for free school meals "appear to be additionally disadvantaged during lockdown", with 15% receiving four or more pieces of offline schoolwork compared with 21% of children not eligible for free meals. Prof Francis Green, who led the research, said it "painted a gloomy picture of lost schooling and low amounts of schoolwork at home". "The closure of schools, and their only-partial re-opening, constitute a potential threat to the educational development of a generation of children. "Everyone is losing out in this generation, some much more than others. "Better home schoolwork provision, and better still an early safe return to school for as many as possible, should now become a top priority for government."  By mid-week though, the BBC’s website published another article entitled: ‘£1bn catch-up tutoring fund for England's pupils’, which said: “A £1bn fund to help England's children catch up on what they have missed while schools have been closed has been announced by the prime minister. The most disadvantaged pupils will have access to tutors through a £350m programme over the year from September. Primary and secondary schools will be given £650m to spend on one-to-one or group tuition for any pupils they think need it. Head teachers welcomed the funds, but said more details were needed. Labour said ministers should convene a taskforce - involving trade unions and scientific and health experts - to help all pupils return to school safely as soon as possible. Shadow education secretary Rebecca Long Bailey said the plans "lack detail and appear to be a tiny fraction of the support" needed and called for a "detailed national education plan to get children's education and health back on track". However, Boris Johnson said the fund would help head teachers provide what pupils need. He thanked teachers, childcare workers and support staff for their efforts during the pandemic, and said he was "determined to do everything" he could to get all children back in school from September. Boris Johnson: “We have got to start thinking of a world in which we are less apprehensive." "We will bring forward plans on how this will happen as soon as possible," he said. And during a visit to a school on Friday, Mr Johnson suggested there may be change in the rules on social distancing, with more guidance due "very, very shortly", adding: "Watch this space." It comes as the Covid-19 alert level has been downgraded, bringing with it a possible relaxation of the rules that have kept many pupils out of school. The Scottish Government said it is also looking at social distancing rules in schools, after Northern Ireland decided to reduce its two-metre rule to one metre. Nicola Sturgeon has said she wanted schools to open safely as soon as possible. The announcement comes a week after Mr Johnson said the government was planning "a huge amount of catch up for pupils over the summer". But the announcement did not include any specific push towards catch-up activities running through the summer break except an expectation that usual summer clubs would be running. Instead there is a strong push for head teachers to target catch-up help via tutoring from September. However, schools minister Nick Gibb told the BBC there was lee-way for heads to set up summer schemes if they so wished. But he said: "If you want children to catch up, it can't just be done over the month of August - it has to be longer term over the academic year". Research by the Institute for Fiscal Studies (IFS) suggests the £650m pot represents about £80 extra for each student. That is a rise of about 1% but would leave total spending still 3% below 2010 levels in real terms. Early years providers and colleges for 16 to 19-year-olds are not included in the plans. Bill Watkin, chief executive of the Sixth Form Colleges Association, said it would be "entirely unjustifiable" to exclude sixth form students from the package. Neil Leitch, chief executive of the Early Years Alliance, said the government's decision not to include pre-schoolers "beggars belief". But Mr Gibb said that older age groups had "fared better with remote education than other age groups" which is why the government was focused on helping younger pupils. Schools were shut across the UK on 20 March. Apart from the children of key workers, most children have not been to school since then and will not enter a classroom until after the summer holidays. Children in nursery, Reception, Year 1 and Year 6 have begun returning to primary schools in England, and some Year 10 and 12 pupils returned to secondary schools and colleges this week. Schools in Wales are reopening at the end of June, with only a third of pupils in class at any time, while in Scotland, schools are preparing to reopen on 11 August. Social distancing in schools has been halved to 1m (just over 3ft) in Northern Ireland, where ministers are aiming for a full reopening of schools on 24 August. However, head teachers have warned that parts of the Northern Ireland plan are "unrealistic and undeliverable". Plans for the subsidised National Tutoring Programme have been developed with a group of social mobility organisations and academics led by the charity Education Endowment Fund (EEF). The EEF has said that until now, access to tutoring has been the preserve of wealthy families - but this would no longer be the case as schools would be able to seek subsidised tutoring. However, individual schools would be expected to pay 25% of the tutoring costs in the first year, or from their share of the £650m in extra funding being made available to them as part of this package. The tutors themselves will be provided by organisations approved by the National Tutoring Programme. Many of them will be students or graduates trained by tutoring groups. Their modelling suggests between 550,000 and 650,000 courses, featuring three pupils to one tutor, would run for an hour a week over 15 weeks. "Tutoring is the catch-up approach supported by the strongest evidence," said the EEF's chief executive, Prof Becky Francis. She said the programme hoped to reach more than a million pupils, calling it a tremendous opportunity to create long-lasting change. Association of School and College Leaders general secretary Geoff Barton welcomed the investment, saying it would help support the work schools are already undertaking on pupil catch-up. But he noted that the investment was expected to be spent on tutoring, rather than being left to head teachers to decide. "As ever, we suspect the devil will be in the detail and we await further information," he said. He was also concerned that there was no investment for sixth forms. David Hughes, chief executive of the Association of Colleges, criticised the decision not to include colleges for 16 to 19-year-olds in the plans. He said teenage college students deserved as much catch-up support as every other age group and it was "indefensible" to overlook them. National Association of Head Teachers general secretary Paul Whiteman said he was pleased ministers had listened to calls for a longer-term response, rather than short-term fixes. "This is a considerable sum of money," said Mr Whiteman, but he also warned there were many details still to be worked through.”  By the end of the week though, another article appeared entitled: ‘Coronavirus: All children in England 'back to school in September', which said: “All pupils in all year groups in England will go back to school full-time in September, Education Secretary Gavin Williamson has announced. At the daily coronavirus briefing, he said the government was "signed up... to bring every child back, in every year group, in every school". Guidance on safety measures will be published in the next fortnight. It comes after the prime minister announced a £1bn fund to help England's pupils catch up with learning. Mr Williamson also said class size limits - or "bubbles" - imposed to curb the spread of the virus could be increased to allow every child to return to school. Under current rules imposed during the coronavirus pandemic, class sizes are limited to a maximum of 15 pupils, but the education secretary said ministers were looking at "expanding those bubbles to include the whole class". Class sizes vary in England, but this could be around 30 pupils. Teachers' unions say the proposals have not been thought through. "There is no social distancing if you've got 30 children in one classroom," Kevin Courtney, joint general secretary of the National Education Union (NEU), told the BBC. "But then you're going to ask them to abide by social distancing when they go out, I think that won't work and that will mean children aren't looking at social distancing at all." Schools closed to everyone except vulnerable children and those with a parent identified as a key worker on 20 March, in response to the pandemic. As the lockdown measures started easing at the beginning of this month, children in nursery, reception, Year 1 and Year 6 were encouraged to return to primary schools in England, albeit in smaller class sizes. Some Year 10 and 12 pupils - selected because they are sitting GCSEs and A-levels respectively next summer - returned to secondary schools and colleges this week. Ministers now want all pupils in England to return to classrooms full-time in the autumn, ending a near six-month absence for many pupils. "We have already been very clear that we want to see all children in all classes returning full-time to school in September. That's what we are working towards," Mr Williamson told reporters. It is a promise that many parents will have been waiting to hear. Education Secretary Gavin Williamson has committed to all school pupils in all year groups going back full-time in September. The part-time, online, often not-really-anytime lessons will be over. But the much trickier question will be how to deliver this. Even if social distancing is reduced - and class size "bubbles" of 15 pupils can be increased - there will still be massive logistical challenges. Head teachers have warned any social distancing, even 1m, will require additional classrooms and teachers. And they have been exasperated at time ticking away without any clear plan - with heads' leader Geoff Barton complaining schools are working in an "information black hole". When the government had to U-turn on bringing back all primary pupils it was because nobody listened to similar warnings about lack of space. But a September deadline is now in place - and there will be high political stakes if there is another failure to deliver. The education secretary said signs that the spread of coronavirus was reducing meant that ministers could now look at "making sure that every child returns to school". He said he understood "there is anxiety still among parents" about their children going back to school, but stressed: "I want to assure you that the well-being of your children is the absolute top priority for every single one of us." The government will publish guidance for schools within the next two weeks on how to bring children back "so that schools have the maximum amount of time to prepare for the next phase", Mr Williamson said. However, there was no confirmation of whether the government's 2m social distancing rule was going to be relaxed in schools. Mr Williamson reiterated that a review of the measure is under way, and added that could not provide an exact date for a decision. Current Department for Education (DfE) guidance states that primary school classes should be split in half and contain no fewer than 15 pupils, desks should be spaced as far apart as possible and lunch, break, drop-off and pick-up times should be staggered. Schools should also consider introducing one-way circulation, or placing a divider down the middle of the corridor, to keep young people apart, it adds. Mr Williamson was speaking after the coronavirus alert level for the UK was downgraded from four to three, paving the way for a "gradual relaxation of restrictions". At level four, transmission of the virus was thought to be "high or rising exponentially"; at three, it is thought be "in general circulation". Earlier, Prime Minister Boris Johnson said he was "determined to do everything" he could to get all children back in school from September. "We will bring forward plans on how this will happen as soon as possible," he said. The prime minister's pledge prompted teachers' unions to call for further clarity on the proposals. Geoff Barton, general secretary of the Association of School and College Leaders (ASCL), said schools and colleges were trying to prepare for September amid an "information black hole" from the government. Mr Barton said school and college leaders were preparing for two scenarios for the autumn - using rotas to stagger the return of pupils or bringing students back full-time - amid an "absence of information". Paul Whiteman, general secretary of school leaders' union NAHT, said: "The desire to bring everyone back is correct but we need to know what the government is thinking and the scenarios they are planning for. "This will give school communities what they need to get through this term and plan for the new academic year in September." Mr Courtney, of the NEU, said earlier: "The prime minister's hopes are not enough." "If the requirements of social distancing - in order to stop a second peak - are reduced even to 1m, then most schools could not have 30 children in a classroom," he added.”  And so you also know, the Government issued guidance this week entitled: ‘What parents and carers need to know about early years providers, schools and colleges during the coronavirus (COVID-19) outbreak’, which says: “This guidance is for parents and carers of children at: - registered childcare providers (including nurseries and childminders) - primary and secondary schools including independent schools, maintained schools, academy trusts, free schools and special schools - colleges Main changes to previous guidance On 18 June, we: - added a new section on flexibility for primary schools to welcome back additional children this term - amended definition of vulnerable children and young people - added further information on safety in schools and the national NHS Test and Trace programmupdated content 30 hours free childcare and/or tax-free childcare - updated content on transport which includes information on using face masks on transport - revised section on school meals, adding more information on the reopening of school kitchens as well as meals in colleges - updated content on exams in 2021” 2. What does this mean? I’m not sure really! Extra money for education is always a good thing, but the devil is always in the detail they say. Let’s hope this is not just a knee-jerk reaction and there is now sufficient time to sort this out carefully and properly. 3. Where can I find further information?
There isn't really much more that I can say again in this update now. However, as I always like to do at the end of my updates, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor Here is my update for this week. This week I am setting out only part of the text of this week’s update for those of you reading this update by email, to try to make it a bit easier for people to read things and only click on links which are of interest to them. (Again, anyone receiving this update through Social Media will be reading the full update as normal after clicking on the link). I hope that this helps people again. 1. What has happened this week?  It’s no surprise if you have already guessed from the title of this week’s update, what the issue was again this week in SEN news – primary schools going back, then not going back! I can do no better than quote an article from the BBC’s website early in the week entitled: “Plan dropped for all primary pupils back in school”, which said: “The plan for all primary school years in England to go back to school before the end of term is to be dropped by the government. There had been an aim for all primary pupils to spend four weeks in school before the summer break. But it is no longer thought to be feasible and instead schools will be given "flexibility" over whether or not to admit more pupils. Head teachers' leaders said it had never been a practical possibility. It comes after Health Secretary Matt Hancock conceded at Monday's Downing Street briefing that secondary schools in England may not fully reopen until September "at the earliest". Primary pupils in England in Reception, Year 1 and 6 began to return to school last week - and figures published by the Department for England have shown how many attended, based on 4 June. It shows that about three quarters of those who could have returned to school were still at home - reflecting that almost half of schools were not open for extra pupils. - 52% of primary schools opened for extra pupils - 11% of primary pupils were in school - about a quarter of those year groups who could have gone back - 659,000 children were in all schools, including children of key workers, almost 7% who would normally attend, up from 2.6% before half term Prime Minister Boris Johnson will chair a cabinet meeting later to discuss the next steps to ease lockdown restrictions, before Education Secretary Gavin Williamson delivers a statement to the House of Commons on the reopening of schools. There are separate rules for managing the threat of coronavirus in England, Wales, Scotland and Northern Ireland. Children in England began returning to primary schools in a phased process last week, with Reception, Year 1 and Year 6 pupils heading back first. Mr Williamson will give an indication later of how many more pupils in England have returned, but he is also expected to say that primary schools will no longer have to prepare for the return of all pupils, as previously proposed by the government. The "pressure" to get ready will be removed, with heads and governors being free to decide whether they can bring in more classes. Analysis Today's announcement is expected to make formal what head teachers and governors in England have been saying for some time. It's not possible to massively increase the space each class needs to meet social distancing rules, and bring everyone back. There's not enough room. While Number 10 and the education secretary pushed on with the plans, they lost the support of some groups of parents, people working in schools and teaching unions. There are the concerns that having more pupils in schools will contribute to an increase in Covid-19 infections, both among pupils and staff and in their communities, and the inconclusiveness of the scientific evidence on this. Balanced against this are also the very real fears of parents, about how on earth they are going to manage with their youngsters at home for another two or three months - minimum - let alone keep up to date with their educational needs. There are growing voices for the government to start to think more strategically and more creatively. A strategic national plan is being called for, one that realises the scale of the problem and matches the scale of the support the economy has seen. The announcement means that many children in these other year groups will not be back in school until September or even after. Care minister Helen Whately told BBC Breakfast that ministers "don't want to take risks that might increase the infection rates", but recognise that being out of school is "particularly a problem" for children from disadvantaged backgrounds and that the education gap "can widen". Children's commissioner for England Anne Longfield told the programme that the prospect of secondary school pupils not returning until beyond September was "deeply worrying". "It's a disruption we've not seen since the Second World War," she said. She added that "the education divide is broadening" and "almost a decade of catching up on that education gap may well be lost". She also called children's education to be made the number one priority in government, adding that otherwise there was a risk that "childhood is just going to be furloughed for months." Commons Education Committee chairman Robert Halfon called for a national strategic plan to get schools open as soon as possible. He also warned that with schools remaining closed the majority of pupils would lose 40% of their time in class this year. He told BBC Radio 4's Today programme: "I think we're a strange country in which we turn a blind eye to mass demonstrations all over in every city, we campaign for pubs and cafes to open and yet we say to open schools before September is too risky when all the evidence... suggests otherwise." Mr Halfon also responded to concerns raised by a teacher on BBC Radio 5 live about schools having to fund supply teachers from their own budgets. "If schools need extra funding in order to make sure their classrooms are social distancing, then government should provide that funding," he said. One mother told the Today programme that she was "unsurprised" but "incredibly disappointed" by the news. "I feel really sad for my son. I've got one son in year two and another one in reception. "My child in reception [has] gone back, albeit only four days a week, every other week. "And my older son, who is just about to turn seven, is desperate to go back, can't understand, thinks it's so unfair - which it is." But another mother, with two children aged eight and six, disagreed. "I'm actually relieved if schools don't go back until September because I think it's too soon. "They don't socially distance at that age. I don't think there's enough protective equipment available in school." Head teachers had warned several weeks ago that it was not a realistic possibility to accommodate all primary year groups at the same time, with social distancing limiting their capacity. Class sizes are now only 15 pupils or less - so if each class occupied two classrooms, school leaders argued that they would have no space for all year groups to return. "The 'ambition' to bring back all primary year groups for a month before the end of the summer term was a case of the government over-promising something that wasn't deliverable," said Geoff Barton, leader of the ASCL head teachers' union. "It isn't possible to do that while maintaining small class sizes and social bubbles," he said. Paul Whiteman, of the National Association of Head Teachers, said "we're pleased to see the government will not force the impossible" and that the plan had too many "practical barriers". Ian Robinson, chief executive of the Oak Partnership Trust, which runs primary schools and a special school in Somerset, told BBC Radio 4's Today programme the announcement shows ministers "are listening to the profession". Schools have remained open throughout the lockdown for children of key workers and vulnerable children. But last Monday primary schools began the process of inviting back another two million children across three year groups. Secondary pupils in Years 10 and 12 are to begin returning for some sessions in school from 15 June. It is thought that primary pupil numbers have been increasing as parents have become more confident - but there have also been local concerns about different regional rates of infection. Teachers' unions have warned that it is too early to return to school - and some local authorities have delayed a return in their areas. But the Department for Education has argued that children need to get back to lessons - and that safety has been "paramount" in the plans to bring back more pupils. Schools in Wales will reopen from 29 June to all age groups for limited periods during the week, while Scottish schools are to reopen at the start of the autumn term on 11 August, with some continued home-learning. Some Northern Irish pupils preparing for exams and those about to move to post-primary schools will go back in late August, with a phased return for the rest in September.”  A couple of days later, the BBC’s website published another article entitled: “Summer catch-up plan for England's schools pledged”, which said: “An extended catch-up plan for England's schools is to be launched for the summer and beyond, to help pupils get back on track amid school shutdowns. The PM's spokesman said the plans would involve all pupils, not just those from poor backgrounds who are expected to fare worse during closures. It comes after the education secretary ditched plans for all primary pupils to return to school before the break. PM Boris Johnson has been accused of "flailing around" over schools. On Wednesday, Labour leader Keir Starmer called for a national recovery plan for schools, saying the current plan to get pupils back to classrooms were "lying in tatters". Mr Johnson said at Wednesday's daily briefing that the government would be doing "a huge amount of catch up for pupils over the summer". Concerns have been raised about the potential for a lost generation of learners, whose education will have been interrupted for at least six months even if schools return as now planned in September. The PM's spokesman said the aim remained to have all pupils back in school for the start of the academic year, but gave no details about how ministers intended to achieve this. School capacity is severely restricted by guidelines on social distancing and separating out existing classes into smaller groups of up to 15 pupils from much larger class sizes. When the spokesman was asked about increasing this capacity, by creating extra classrooms or using village halls for example, he said the government was "looking at exactly what might be required to get all children back". The Scottish Government, which is bringing pupils back in staggered fashion from August, has said it will be working with local councils to seek out extra community spaces and empty offices to accommodate pupils, where necessary. Liberal Democrat education spokeswoman Layla Moran has called for a register to be drawn up in local areas to map out where spaces could be brought into school use. There are few details of how the summer catch-up plans will work. A further announcement is expected next week. It is not clear whether this catch-up work would be offered in school buildings or elsewhere, or whether teachers would be asked to staff the programme. The general secretary of the National Association of Head Teachers, Paul Whiteman, said the plan was the latest in a long line of eye-catching announcements that would suffer from a lack of input from the teaching profession. He said it was not credible to think academic catch up could be achieved over the summer, and warned that the impact of enforced isolation on young people was little understood but likely to be significant. But he said support was clearly needed for pupils over the summer, and urged the government to fund a locally co-ordinated offer involving youth groups and charities. The Children's Commissioner for England, Anne Longfield, warned last week that there were just two weeks left to set such summer learning projects up. And the House of Commons Education Committee chairman, Robert Halfon, has called for a Nightingale Hospital style plan to get schools back to capacity. Meanwhile, the Welsh government has published new guidance on the measures schools should consider when reopening, including outside learning, teaching in small groups, and pupils eating at their desks. Schools in Wales will reopen to all age groups from 29 June, but only a third of pupils will be in classes at any one time. First Minister Nicola Sturgeon says Scottish schools will reopen from 11 August, but with some continued home learning. In Northern Ireland, ministers have set a target date for some pupils to go back on 17 August, with a phased return for the rest in September.”  By the end of the week, another article appeared entitled: “How will secondary schools reopen safely?”, which said: “As some Year 10 and Year 12 pupils in England prepare to go back to school on Monday, secondary head teachers are having to overcome an array of challenges. Plans shared with the BBC suggest the arrangements will vary widely. More than 300 schools and colleges told us they were mainly offering between five and 30 hours of face-to-face teaching each week. Some are making the return gradual, starting with pupils who are struggling the most, with many providing individual pastoral sessions to check on mental health. The Sixth Form Colleges Association says schools and colleges should ensure that extending face-to-face teaching does not impact on support for pupils who are still at home. At Ivybridge Community College on the southern slopes of Dartmoor in Devon, principal Rachel Hutchinson has been putting the final touches to plans for welcoming back just over a quarter of the college's 2,500 students. The Year 10 and 12 pupils who will be doing their GCSEs and A-levels next year will return to a very different school from the one they last saw in March. "Safety measures are key," says Mrs Hutchinson. "We're working very much with social distancing measures... looking very much at the timetable and what we can do safely and sensibly." But she's also determined to give them an "effective education". Pupils arrive by school bus, public bus and train, some are dropped off, while others walk or cycle. New mask-wearing and social distancing rules on public transport, plus a ban on sixth-formers car sharing, mean clear communication is key, she says. Each school bus can now carry just seven students, which means that, while bringing back a quarter of the pupils is feasible, larger numbers might be impossible, she says. How much face-to-face teaching will returning pupils get? At Ivybridge, even these smaller numbers of students will have to be part-time to ensure safety. It means only about 100 will be in at any one time, with only 10 in each class. For Year 10s, there will be one full day of teaching each week, with 90 minutes each of maths, English and science. The other subjects will continue to be taught remotely on the days pupils are at home. "They'll still get their full curriculum," says Mrs Hutchinson. The post-16 students will have seminar days to reduce movement around the site. They'll get two full days of each A-level over the five weeks before the end of term, says Mrs Hutchinson. "We think it's very viable, its do-able and it's really important for their education." How will social distancing work? There are 2m distancing markers along all the corridors and a one-way system. Staff in high-vis jackets will monitor every entrance, there are hand-sanitising stations and lots of posters and banners to remind children not to crowd each other. "It's going to be that supermarket feel - when you go to a supermarket for the first time with the trolley queues," she says. With reduced numbers, it's manageable, she says, but increased numbers of students would present a challenge. How will pupils cope with being back after so long? "I'd like to think as a college we've been really strong on our pastoral care," says Mrs Hutchinson. Tutors have had lots of email contact with students, with fun, remote activities like cake-baking to keep pupils engaged with the school community. However, she recognises some will have fallen behind and so there is a recovery programme to help them catch up. She says a key aim of returning to school is to ensure pupils' wellbeing and she will keep a particular eye out for socially disadvantaged children. About 30 children have opted to take up the college's offer of one-to-one tutoring, with support available for families who have suffered bereavement or illness or are anxious, she says. What about staff? One of the most important aspects is "getting it right for my staff", she says. "They are absolutely working round the clock to maintain communication, the pastoral welfare and wellbeing of the children, as well as checking in on the learning." Some have their own health issues, many will be running busy households without childcare and may feel anxious about returning to face-to-face teaching. "It's managing staff welfare and making sure that staff feel safe and are ready to come back to work," she says. And all other pupils at the school? Years 7, 8 and 9 will continue to be taught virtually and pupils in Years 11 and 13, whose exams were cancelled will still get support. "It's keeping an eye on a number of schools really; our virtual school as well as the new school that's going to be returning. "The exciting thing is, for the first time ever, children are saying they miss school," says Mrs Hutchinson. What about September and summer schools? Getting the college back to a "new normal for September," is another challenge. It will be welcoming the new Year 7s, plus a huge group who have not been in school since March. Mrs Hutchinson says that unless the distancing measures are amended, schools will have to run a blend of classroom lessons and virtual learning in September. She believes the idea of schools opening over the summer, when staff have already been flat out since March is "quite controversial". "The summer six weeks are going to be key for us to get ready for September," she argues - and many staff will have to work through to prepare. "So to open for children in as well will be incredibly challenging," she says. She hopes both children and teachers can take their normal summer holidays, ready for a new start, whatever form it will take. Wales will begin opening schools on 29 June, with Scotland and Northern Ireland waiting until August.” 2. What does this mean? It’s a real mess isn’t it… The world is currently changing very rapidly. On the one hand, it seems like we are progressing 10 years in 10 weeks regarding our working practices. However, on the other hand, I am also concerned that we may be regressing 10 years in 10 weeks in our educational practices! I still think though we have to wait and see how things ultimately pan out, as it is still too early to be too definitive about anything. 3. Where can I find further information?
There isn't really much more that I can say again in this update now. However, as I always like to do at the end of my updates, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor Here is my update for this week. Again, I am setting out the full text of this week’s update for those of you reading this update by email to try to make it a bit easier for people to read things without having to click on any links (again, anyone receiving this update through Social Media will be reading this as normal after clicking on the link). I hope that this helps people again. 1. What has happened this week?  Again the issue about schools returning dominated the media this week in SEN news with the BBC’ website publishing an article at the beginning of the week entitled: “Coronavirus: Primary schools back but mixed picture on turn-out”, which said: “Head teachers are reporting "highly variable" levels of attendance, ranging from 40% to 70%, as primary schools in England bring back more pupils. Geoff Barton, leader of the ASCL heads' union, says the return has been "very mixed" - with some schools not yet open and some children staying away. Children in Reception, Years 1 and 6 are the first groups able to return. It comes as lockdown measures are eased in England, including groups of six people being allowed to meet outside. Schools have remained open throughout the coronavirus restrictions for the children of key workers and vulnerable children - but from Monday more than two million more pupils have been invited back. Latest government figures show 39,045 people with the virus have died in the UK, across all settings. Health Secretary Matt Hancock said there had been a day-on-day increase of 111 deaths and 1,570 new positive tests. An additional 445 deaths have been added to the overall death toll in the past day. The increase is explained by the retrospective inclusion of some patients whose tests were carried out by commercial partners, rather than the NHS or Public Health England. The head teachers' leader says the "first impression" has been of a very varied local picture - with not all schools either open or bringing back pupils as outlined in the government's plans. Some local authorities have not yet started to bring back more pupils, some schools have limited space, some are still training and not all staff are available, he said. "Caution is the watchword, and everybody is approaching this task with the safety of pupils and staff as their absolute priority," said Mr Barton. A survey from the National Foundation for Educational Research suggested almost 50% of children would be kept at home by parents. Mr Barton's early feedback suggests ranges of between 30% and 60% of pupils not attending school. But he said more key workers' children seemed to be coming in and he expected the overall numbers to increase as "more parents become confident". The biggest teachers' union, the National Education Union, has warned it was not yet safe to open schools - and the union's co-leader, Kevin Courtney, said delaying the wider opening of schools would "make our communities safer". Education Secretary Gavin Williamson said children needed to catch up with missed lessons and at school they "will be with their teachers and friends again". "I'm excited to see my friends and see everyone but not excited for the work," says 11-year-old Sean, returning to school in Mortlake, West London. BBC News education reporter Judith Burns describes the return to school: "You look like you've grown," says teacher Catherine Hughes to a reception pupil who hasn't been in school since March. "Are you excited to be back?" Helen Frostick head of St Mary Magdalen's Catholic primary school in Mortlake, West London asks another. About half of those who could have returned have taken up their places, alongside 15 children of key workers who have continued to come into school throughout the lockdown. The classrooms have been completely reorganised, with desks in rows, facing forwards, instead of pushed together into big tables. The school has split each class into two separate bubbles with one half in on Monday and Tuesday and the other on Thursday and Friday, which allows for a deep clean on Wednesdays. In the Reception class each table is separate, with its own tray of equipment so that the children don't need to get out of their seats so much, says teaching assistant, Clare Gordon. "It really is best for the family," says mum Sophia as she brings her two sons to school. She has managed to do some home schooling with the boys over the past few weeks but it hasn't always been easy. "I was 10% worried but 90% thinking it was the right thing to do," says Julia, who has just dropped off her son. "The main thing is for normality and for his mental health. He needs the interaction with his friends. He's been begging to come back," she says. A survey from the National Foundation for Educational Research suggested approaching half of families would keep their children at home. It expected that: 46% of parents will keep children at home 50% of parents in schools in disadvantaged areas will keep children at home 25% of teachers are likely to be absent because of health issues for themselves or their families. Jane Reid, a parent from York, said it was still not safe for her son to go back to school, saying: "It's a definite no from me. "Plus, the contradictory information is infuriating. I can take him to school, but can't get his hair cut." "How can I send them to school now, knowing it will be impossible for teachers to implement social distancing rules properly?" asked Valerie Brooker from Haslemere in Surrey.  A couple of days later, the BBC’s website published another article entitled: “Summer catch-up plan for England's schools pledged”, which said: “An extended catch-up plan for England's schools is to be launched for the summer and beyond, to help pupils get back on track amid school shutdowns. The PM's spokesman said the plans would involve all pupils, not just those from poor backgrounds who are expected to fare worse during closures. It comes after the education secretary ditched plans for all primary pupils to return to school before the break. PM Boris Johnson has been accused of "flailing around" over schools. On Wednesday, Labour leader Keir Starmer called for a national recovery plan for schools, saying the current plan to get pupils back to classrooms were "lying in tatters". Mr Johnson said at Wednesday's daily briefing that the government would be doing "a huge amount of catch up for pupils over the summer". Concerns have been raised about the potential for a lost generation of learners, whose education will have been interrupted for at least six months even if schools return as now planned in September. The PM's spokesman said the aim remained to have all pupils back in school for the start of the academic year, but gave no details about how ministers intended to achieve this. School capacity is severely restricted by guidelines on social distancing and separating out existing classes into smaller groups of up to 15 pupils from much larger class sizes. When the spokesman was asked about increasing this capacity, by creating extra classrooms or using village halls for example, he said the government was "looking at exactly what might be required to get all children back". The Scottish Government, which is bringing pupils back in staggered fashion from August, has said it will be working with local councils to seek out extra community spaces and empty offices to accommodate pupils, where necessary. Liberal Democrat education spokeswoman Layla Moran has called for a register to be drawn up in local areas to map out where spaces could be brought into school use. There are few details of how the summer catch-up plans will work. A further announcement is expected next week. It is not clear whether this catch-up work would be offered in school buildings or elsewhere, or whether teachers would be asked to staff the programme. The general secretary of the National Association of Head Teachers, Paul Whiteman, said the plan was the latest in a long line of eye-catching announcements that would suffer from a lack of input from the teaching profession. He said it was not credible to think academic catch up could be achieved over the summer, and warned that the impact of enforced isolation on young people was little understood but likely to be significant. But he said support was clearly needed for pupils over the summer, and urged the government to fund a locally co-ordinated offer involving youth groups and charities. The Children's Commissioner for England, Anne Longfield, warned last week that there were just two weeks left to set such summer learning projects up. And the House of Commons Education Committee chairman, Robert Halfon, has called for a Nightingale Hospital style plan to get schools back to capacity. Meanwhile, the Welsh government has published new guidance on the measures schools should consider when reopening, including outside learning, teaching in small groups, and pupils eating at their desks. Schools in Wales will reopen to all age groups from 29 June, but only a third of pupils will be in classes at any one time. First Minister Nicola Sturgeon says Scottish schools will reopen from 11 August, but with some continued home learning. In Northern Ireland, ministers have set a target date for some pupils to go back on 17 August, with a phased return for the rest in September.”  Later in the week, I saw some more practical guidance came in an article entitled: “Lego used to explain social distancing to children”, which said: “A mother is using Lego to teach her children about social distancing during the coronavirus pandemic. Cat Cook said her seven-year-old son - who has severe respiratory problems, and her daughter, four, had been in a "safe little bubble" during lockdown. "They've been living a very sheltered life... without a care in the world." Among the images created are a child and a dog inside a glass jar looking out at an elderly person, and two people sat on separate benches. Ms Cook said the scene inside the jar was inspired after the children's grandparents came over to collect some groceries she had ordered for them. "We left the groceries out on the doorstep for them and were then able to talk and wave at them through the closed windows. "It was the first example they thought of when we started talking about social distancing." Ms Cook, 42, and her family have been in strict lockdown in Surrey since a week before the official order was given by the government in March, with her husband also working remotely from home. She said: "If and when we start going out again, it's important that they understand the importance of social distancing as my son is high risk. "Each picture we created was inspired by my discussions with the children about social distancing and things they'd experienced or seen on the TV, like the spaced-out queues outside supermarkets." She added that talking it through in "a gentle way" had helped give her children a better understanding of what the "new norm" looks like outside their home."  But still concerns were expressed, as another article appeared on the BBC’s website during the week entitled: “Disruption to schools could continue to November, MPs told”, which said: “The partial closure of schools in England could continue into the autumn and into November, the Commons education committee has been told. Primary schools opened more widely to several year groups in some areas this week, 10 weeks after they were closed as part of Covid-19 lockdown measures. Secondaries remain shut and around eight million pupils are out of school. David Laws, chair of education charity EPI, said assumptions all pupils will return in September may be wrong. The committee was hearing evidence on the impact of the coronavirus pandemic on education and children's services. Mr Laws, also a former education minister, said: "There's a temptation to think we are in a kind of home learning now and hopefully all back in September. Sadly we may end up with considerable disruption to school in September, October and November." He urged ministers to make plans and give guidance to schools for "a situation where there may be some home learning for a lot of pupils for a very long time". Anne Longfield, the Children's Commissioner for England, highlighted that eight million pupils were currently out of school, despite limited opening of primary schools this week. She said the sheer scale of children not reaching their potential because of this lockdown would be immense. "That could be eight million children all of whom could well be out of school for six months." And she warned as more of society and many parents go back to work, there would be a fall-off in the numbers of those engaging in learning from home. "As things become more interesting, the shops will be open soon and many kids could spend two and half months browsing in Primark and not going to school." She added that head teachers had told her they were kept awake at night by fears about some children never returning to school. The leap that children who had had a negative experience of school would have to make, in order to return to school, would be "vast", she said. The committee was told the Department for Education needed to publish its guidance on how schools would look in September very soon. And plans for catch-up summer schools, which were backed by witnesses, needed to be set out by ministers soon, if they were to happen. The hearing comes as a report suggested school closures could wipe out 10 years of progress in closing the achievement gap between poor and rich pupils. Modest estimates in the government-commissioned report suggest the shutdowns could cause the gap to widen by around a third of what it is now. This could mean poorest primary pupils, who are already nine months behind, slipping back a further three months. The Education Endowment Foundation study said catch-up tuition would help. The charity's research also warned of a risk of high levels of absence after schools formally reopen and that this posed a particular risk for disadvantaged pupils. The rapid evidence assessment drew together evidence on 11 studies from a number of countries on the impact of school closures, focussing on those which looked at learning loss over the summer holiday period. It found the estimated impact on the gap between the poorest group of pupils, and their wealthier peers ranged widely from 75% to 11%. The median estimate was 36%, although the researchers said there was high level uncertainty about this average. The report is published days after a small proportion of the school population returned to lessons. Although effective remote learning would limit the extent to which the gap widens, the report said there would still need to be sustained support for disadvantaged pupils to catch up. Over the past decade, the Department for Education has focused attention and resources on closing the disadvantage gap. It has narrowed from 11.5 months in 2009, at the end of primary school to 9.2 months in 2019. Sir Peter Lampl, chairman of the EEF, said: "School closures are likely to have a devastating impact on the poorest children and young people. The attainment gap widens when children are not in school. "There is strong evidence that high quality tuition is a cost-effective way to enable pupils to catch up." His organisation has teamed up with a number of other organisations to run a trial in which 1,600 disadvantaged pupils around England are offered one-to-one and small group tuition. Education Secretary Gavin Williamson said being in school was vital for children's wellbeing. He added: "This innovative online tuition pilot is an important part of our plans to put support in place to ensure young people don't fall behind as a result of coronavirus, particularly those facing disadvantages." Russell Hobby, head of teacher training charity Teach First, described the potential loss as "tragic". This should start with intensive catch-up provision when possible, he said, adding more resources need to be targeted towards those pupils who have suffered the most.”
There was some other helpful guidance though which I saw on the website of ‘The Association for Child and Adolescent Mental Health’ entitled: “Helping parents and teachers deal with apprehension and anxiety when returning to school”, which highlights a video resource produced by a charity called ‘Nip In The Bud’, which said: “The charity Nip in the Bud has produced a short film and fact sheet to help parents and teachers deal with any potential feelings of apprehension and anxiety that children may experience on returning to school. In this film 8 minute film Dr. Jess Richardson, Principal Clinical Psychologist, National & Specialist CAMHS and Maudsley provides important and straightforward advice. There is also an accompanying comprehensive Fact Sheet. Nip in the Bud provides free resources about mental health awareness for primary school teachers and parents. Their short films and fact sheets can be accessed freely on their website. The content for their ‘Information Films’ has been provided by experts from the South London and Maudsley NHS Foundation Trust and from Great Ormond Street Hospital. In addition their ‘Real Life Experience’ films show interviews with young people and parents who have been affected and who speak frankly and movingly about their experiences. The conditions covered so far are ADHD, Anxiety, Autism, Conduct Disorder, Depression, OCD and PTSD." The Government also issued a press release over the weekend entitled: “Extra mental health support for pupils and teachers”, which said: “New online resources designed by health and education experts will be provided to schools and colleges to boost mental health support for staff and pupils, encouraging them to talk more confidently about the anxieties and concerns they feel as a result of the coronavirus pandemic. Videos, webinars and teaching materials, produced in partnership with charities, will be made available to schools and colleges, helping to foster conversations about mental health and reassure many young people who are worried about the impact of the virus on their lives. As more pupils return to the classroom as part of the Government’s phased approach to the wider opening of schools, the Department for Education has announced grants worth more than £750,000 for the Diana Award, the Anti-Bullying Alliance and the Anne Frank Trust - to help hundreds of schools and colleges build relationships between pupils, boost their resilience, and continue to tackle bullying both in person and online. A new £95,000 pilot project in partnership with the Education Support Partnership will focus on teachers’ and leaders’ mental health, providing online peer-support and telephone supervision from experts to around 250 school leaders. It adds to the support the Government has already put in place to help families and children during the pandemic, with more than £9 million already being invested in mental health charities to help them expand and reach those most in need, and priority given to it within planning guides for a phased return to education. Children and Families Minister Vicky Ford said: There has never been a more important time to speak about mental health and wellbeing – especially for thousands of children, young people and teachers who are adapting to education and different ways of living and learning in these unprecedented times. Schools and colleges are often a safe haven for children and young people, but the challenges we face at this time mean we are all more likely to feel anxious or sad – no matter our age or circumstances. These new resources, created with charities and health experts, will encourage confident conversations between friends, colleagues, pupils and their teachers, and improve our understanding of how to make ourselves and others feel better. Minister for Mental Health Nadine Dories said: The coronavirus pandemic has shone a light on the importance of looking after our mental health. It is very normal during these uncertain and unusual times to be experiencing distress or anxiety, or be feeling low. What’s important is that you get help. We know the impact on our children and young people has been especially tough, which is why as schools return we’re determined to equip teachers and pupils with the tools they need to look after their wellbeing. Mental health must be a priority as we get start to get back to normality and I hope these brilliant new measures alongside our NHS services will help start new conversations and reassure children that it’s ok not to be ok, and that support is available. A new training module for teachers will also be published next week to support them in giving lessons on the Government’s new Relationships, Sex and Health Education (RSHE) curriculum, which will make mental health and wellbeing a compulsory part of pupils’ education in primary and secondary school. Developed with clinical experts, the training module will help subject leads and teachers deliver the new curriculum effectively when it becomes compulsory from September, as well as improving their confidence in talking and teaching about mental wellbeing in class, especially as many measures to stop the spread of coronavirus remain in place and many people continue to experience restrictions in their daily lives. While schools have some flexibility over how they introduce the new curriculum within the first year of compulsory teaching, the new module will help schools prepare ahead of time. The Government’s announcement today (Sunday 7 June) builds on the excellent partnership working already seen between schools, colleges and health services in local areas in response to the pandemic. Professor Prathiba Chitsabesan, NHS England Associate National Clinical Director for Children and Young People’s Mental Health, said: The coronavirus outbreak has had an impact on everybody’s lives, so it is understandable that children and young people may be experiencing anxiety, distress or low mood which is a normal response to a significant disruption to their lives. The NHS is here for anyone who needs it, and has adapted to the pandemic through offering flexible options including phone and video consultations. We will continue to work in partnerships with schools and other services to ensure children and their families access the support they need. In addition to the RSHE module, the new resources will include examples of good practice already being used around the country, developed by mental health charity MindEd, to be provided to schools and colleges before the end of the summer term. These are in addition to high quality tools already made available by mental health charities, including the Anna Freud National Centre for Children and Families and Place2Be. Professor Peter Fonagy, Chief Executive of the Anna Freud Centre said: We welcome this important announcement. At this time of immense stress children have a right to expect that their teachers are well supported. This directly benefits children and young people not just in their education the quality they receive but also in their own wellbeing and the sense of support they experience. Catherine Roche, CEO of children’s mental health charity Place2Be said: As a charity providing expert mental health support within school communities, at Place2Be we’ve heard first-hand from teachers, parents and children of the huge mental health challenges they are facing as a result of this pandemic. These resources and training courses will be a welcome addition to help support the emotional wellbeing of teachers and pupils in the short and long term. In response to continuing social distancing measures, while many older pupils remain at home to allow for vital year groups to return in a phased way, existing school and college-based mental health programmes have also adapted their work to make sure their services are still accessible for those who need them the most. This includes: The Link Programme, which connect schools and colleges to external specialist mental health services, which will begin offering online workshops nationally to facilitate joined-up working to plan for the recovery phase, and to ensure learning from successful areas already using this approach is shared; and Mental Health Support Teams around the country, which join up schools and colleges with additional trained staff supervised by their local NHS mental health services, will encourage teams to step up their support to more schools and colleges locally, accept referrals through new pathways, and help develop a recovery approach. School Standards Minister Nick Gibb has also written to the members of the Department for Education’s Expert Advisory Group (EAG) on education staff wellbeing, accepting its recommendations including a commitment to develop a wellbeing charter for the teaching sector. The charter will help create an open culture around wellbeing and mental health, breaking down stigma, and will include commitments from the Government to regularly measure staff wellbeing, and to embed this into training, guidance and policy making. The grant to the Education Support Partnership will respond specifically to the mental health needs of school leaders at this challenging time and additional funding of £45,000 to Timewise will provide practical support and resources on flexible working in light of new arrangements for schools responding to coronavirus. Paul Farmer, Chief Executive of Mind, said: Mind was pleased to contribute to the Expert Advisory Group on school staff wellbeing, but what is most important is that concrete action comes out of this when it comes to making sure mental health and wellbeing are prioritised within our education system. Today’s announcement is a welcome first step, and we hope it will be the start of a sincere commitment to address issues like stress, and other mental health problems among school pupils and staff, helping make sure we build a fairer and kinder working and learning environment for everyone. Coronavirus has impacted all of our lives, but some more than others. We cannot underestimate the long-term effects that this pandemic will have, especially on the mental health and wellbeing of children and young people. Wellbeing and emotional support must be available to anyone who needs it, now so more than ever. As the UK Government asks schools to begin to open to more children, it is crucial that we all come together to support the mental health and physical health of teachers and pupils, not just now but for the years to come. Stuart Rimmer, Principal of East Coast College and Expert Advisory Panel member said: It is a hugely positive step that we are seeing thoughtful and considered announcements to support staff mental health and wellbeing in the school and college sector. Supporting leaders and front line staff is critical, amplified recently by significant additional pressures of COVID-19. Developing support programmes, peer to peer and coaching will help at these critical and complex times. Sinead McBrearty, CEO of Education Support Partnership, said: The mental health and wellbeing of teachers and senior leaders must sit at the heart of our education system. The Expert Advisory Group has brought new voices into the policy-making process, and the resulting recommendations set a direction for supporting and improving the wellbeing of those working in education. Education Support is pleased to have the opportunity to pilot remote services for school leaders. Early testing has shown that online peer support and telephone supervision can help school leaders find ways to process the impact of work-related stress. We hope that the timing of this work will help school leaders in the short term, and inform best practice post-pandemic.” 2. Where can I find further information?
There isn't really much more that I can say again in this update now. However, as I always like to do at the end of my updates, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Remember also, that there are other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor 1. What has happened this week?  On Monday, there was an article on the BBC's website entitled: "'Virus could be here for year' so schools must open, says education secretary”, which said: "The coronavirus could be with us for a year or more" so children cannot continue to stay out of school for "months and months" longer, says Education Secretary Gavin Williamson. But he told BBC Breakfast he recognised there would be "initial nervousness" among parents about children returning. Teachers' unions have warned it is not safe to open England's primary schools on 1 June. On Sunday, Boris Johnson accepted some schools would not be ready to open. The education secretary said the first steps for returning to school had to begin. "We cannot be in a situation where we go for months and months where children are missing out on education," said Mr Williamson. This has not persuaded teachers' unions - with no sign of a resolution to the stand-off over bringing increasing numbers of children into schools. Geoff Barton, leader of the ASCL head teachers' union, said the government had "not done a good job in building confidence in its plans". Ministers were failing to win "trust and confidence", said Patrick Roach, leader of the Nasuwt teachers' union. Mr Williamson told BBC Breakfast that he recognised there would be hesitation among parents. "We do realise there will be an initial nervousness about the return of schools," he said. And he said it was right that there would be no penalties for parents who decided to keep children at home. Asked whether parents should now rely on their "instincts" rather than official guidance, he said he hoped that parents would start to send their children back to school. He said the guidance for returning to school ensured a "maximum amount of safety" - and going back would be important for children's well-being as well as helping them to catch up on lost lessons. Schools have remained open for the children of key workers and vulnerable children - and the government's plan is for all pupils in Reception, Year 1 and Year 6 to return to school from 1 June. But many local authorities have already indicated that their schools will not be ready to open, or that schools will have their own variations on which pupils will return. Mr Williamson said there was no reason why most schools should not open - but gave no indication of any sanctions for those that did not. The first children returning to secondary school, in Years 10 and 12, will begin on 15 June. School leaders have questioned the feasibility of the next stage of reopening, which would have all primary children back in school together for the last month of term. The Department for Education says this part of the plan is now "under review". In Scotland and Northern Ireland there are plans for a phased return to school for pupils, starting in August. Schools in Wales will not go back on 1 June, but a date has not yet been set.  On Tuesday, the Government then issued guidance called: "Supporting children and young people with SEND as schools and colleges prepare for wider opening”, which stated: “From the week commencing 1 June 2020 at the earliest, we will be asking primary schools to welcome back children in nursery, reception, year 1 and year 6, alongside priority groups (vulnerable children and critical worker children). From the week commencing 15 June 2020 at the earliest, we will ask secondary schools, sixth form and further education colleges to offer some face-to-face support to supplement the remote education of year 10 and year 12 students who are due to take key exams next year, alongside the full time provision they are offering to priority groups. As settings prepare for wider opening, this guidance provides information on provision for children and young people with education, health and care (EHC) plans and others with complex needs, such as children and young people with special educational needs and disability (SEND) who do not have an EHC plan, but for whom the educational setting or local authority has exercised its discretion to do a risk assessment and offer a place at an educational setting1. Throughout the coronavirus (COVID-19) outbreak, educational settings have been asked to ensure that vulnerable children and young people can attend where appropriate, including those children and young people who have an EHC plan, and for whom it is determined, following a risk assessment, that their needs can be as safely or more safely met in the educational environment. As settings prepare for wider opening, they should continue to offer places to vulnerable children and young people and should look to bring back more children and young people with EHC plans in these target year groups. Their return should be informed by their risk assessments, to help educational settings and local authorities ensure that the right support is in place for them to come back. From 1 June we will be asking special schools and hospital schools to work towards a phased return of more children and young people, without a focus on specific year groups and informed by risk assessments. From 15 June, we will be asking specialist post-16 institutions to work towards a phased return of young people, without a focus on specific year groups or proportion of learners and informed by risk assessments….”  By the end of the week, we heard that the Government had also issued an extension of their previous Notice under the Coronavirus Act 2020 to the end of June 2020 to relax legal duties in relation to the laws surrounding SEN and in the past couple of days, Vicky Ford MP, the Parliamentary Under Secretary of State for Children and Families, has issued another letter addressed again to: "To all children and young people with special educational needs and disabilities (SEND), their parents/carers and families, and others who support them", which stated: “I would like to express my sincere thanks for everything you are doing at this challenging time. I also wanted to explain how the wider opening of schools and other educational settings may affect your family. This letter has been distributed through as many of our partner organisations as possible. I would be grateful if you could also circulate it widely. I realise that this is a particularly difficult time for children and young people with SEND and their families, and I’m sure that you have lots of questions. As you will be aware, on 28 May the Prime Minister announced that the Government’s five tests had been met and, based on all the evidence, primary schools and early years’ settings will be opening to more children and young people from the week commencing the 1 June. Secondary schools and colleges will begin to offer some face-to-face support to Year 10 and 12 students and 16-19 learners taking key exams next year. On 26 May, the Department for Education (DfE) published guidance to help colleagues working in local authorities and educational settings to support the needs of children and young people with SEND through the process of wider opening to more children and young people. The full guidance is available at this link: https://www.gov.uk/government/publications/coronavirus-covid-19-send-risk-assessment-guidance We have produced this guidance with help from SEND sector organisations, including parent carer forums and representatives, to outline pragmatic approaches that local authorities, educational settings, and parents or carers may wish to take to support children and young people with SEND throughout the coronavirus (COVID-19) outbreak. This guidance updates our existing advice to local authorities on risk assessments to determine which children and young people should be attending their education setting. It now also includes advice on how to approach the phased return to face-to-face education for children and young people with SEND. I want to assure you that safety will always be our primary concern. Local authorities and educational settings should work with families to bring children and young people back to face-to-face education to ensure they receive the support that every child or young person deserves. This new guidance sets out that children and young people with SEND in mainstream and Alternative Provision settings who have not been attending and are in eligible year groups should experience the same return to their school/college or contact with their teachers as their peers without SEND in the same year group. We recognise that each individual child with SEND has their own needs, so decisions should be based on each child’s risk assessment with families and schools working together. Special schools, special post-16 institutions and hospital schools should work towards welcoming back as many children and young people as can be safely catered for in their setting based on risk assessments but not using their year group as a primary deciding factor. Educational settings and local authorities should keep risk assessments up to date, to ensure they are able to offer places to pupils and students, whatever year group they are in, where circumstances have changed. I know that there has been a huge amount of change at this time, so if you want more details, you may also wish to read further guidance including: • Actions for education and childcare settings to prepare for wider opening from 1 June 2020 and actions for FE colleges and providers during the coronavirus outbreak, which sets out the overarching aims and principles of wider opening and the next steps for education and childcare providers. • Guidance on implementing protective measures in education and childcare settings. • Guidance on safe working in education, childcare and children’s social care, including the use of PPE in education, childcare and children’s social care settings during the coronavirus outbreak. • Guidance on isolation in residential educational settings. • Guidance on supporting vulnerable children and young people during the coronavirus outbreak. • Guidance on the changes to the law on education, health and care needs assessments and plans due to coronavirus. I realise that whilst the coronavirus pandemic has affected us all, children and young people with SEND and their families have often faced particularly acute challenges. This is why I was happy to announce on 19 May that the Family Fund will receive funding of £37.3 million in 2020-21. The Family Fund provides grants to families on low incomes who have children with disabilities or severe medical conditions, and this funding includes £10 million which has been allocated to help families in response to the Covid-19 pandemic. More details can be found here: https://www.gov.uk/government/news/37-million-to-support-children-with-complex-needs You can also keep up to date by regularly checking the gov.uk webpages and if you want to speak to an advisor from the DfE, please do call the DfE Coronavirus helpline which we have established for local authorities, providers and parents. The number is 0800 046 8687, and lines are open 8am-6pm (Monday – Friday), and 10am – 4pm (Saturday and Sunday). The Council for Disabled Children has also pulled together a wide set of resources to respond to frequently asked questions: https://councilfordisabledchildren.org.uk/help-resources/resources/covid-19-support-and-guidance. Finally, I would like to express my personal gratitude towards all those in the SEND sector for continuing to care for, teach and support vulnerable children and young people in these difficult times.”  There has already been a bit of a backlash to this which is probably best summarised in another article which I saw earlier today on the BBC's website entitled: " Coronavirus: Drop plan to reopen primaries to all pupils, ministers urged", which states: “The first wave of children is due back from Monday but the government wants all primary pupils in class for the last four weeks of term. This ambition piles pressure on schools "when actually it wouldn't be safe", said Emma Knights, chief executive of the National Governance Association. Ministers say the return of all pupils will depend on updated safety advice. Last week the schools minister Nick Gibb told MPs any decision on whether all pupils should return would be led by the science, and no decision had as yet been made. Many schools have been open to the children of key workers and vulnerable children throughout the lockdown, with all the others attempting to follow the primary curriculum at home. From Monday, the government wants all pupils in Reception, Year 1 and Year 6 to return to their classrooms, with no more than 15 pupils per class. This means every class of 30 would have to be spread across two classrooms. Under these rules, if all year groups went back, there would not be enough classrooms in the vast majority of primary schools. Ms Knights has written to the education secretary, Gavin Williamson, "asking him to review and to drop" the expectation that all primary pupils should be back at school for the last four weeks of term. "Unless something dramatic changes very soon in terms of the government's scientific and medical advice, it will simply not be possible for primary schools to invite all pupils back for a whole month of education before the summer holidays," she told the BBC. "Indeed many of them won't be able to invite all pupils back at all before the summer holidays... "It is adding to uncertainty for parents, but also extra pressure on school leaders and governing boards who think that they need to try and do this when actually it wouldn't be safe." Mr Williamson has not as yet responded to the letter. Kerry Hill, head teacher at Eyres Monsell primary school in Leicestershire, told BBC Breakfast that her school would not reopen until the middle of June. She said that even then, it will be closed one day a week to all pupils apart from the children of key workers for deep cleaning. A one-way system will be put in place and any non-essential items that could potentially spread the virus, such as toys and soft furnishings, are being removed. "In our classrooms we can't even fit 15 in and still observe social distancing," she said. "In terms of the logistics, rearranging the entire school and having the available staff to come in and take all of those groups has been incredibly challenging - as well as the logistics of how are we going to do regular cleaning across the day." She added: "It is not just about the safety of minimising risks. We know parents are scared, anxious, and our staff a worried, so we're really trying to put in place measures that help keep that trust and confidence." Just over 2,350 governors shared their plans for the return of pupils with the BBC. Many say, even with the limited numbers due to return in the first phase, they are already having to ask pupils to attend part-time, due to space constraints and the need for deep cleaning to keep the virus at bay. Of the governors who answered a BBC snapshot questionnaire: About four in five said they were able to accept pupils from all the eligible year groups. About a third of the schools are planning rota systems, for example with one half of pupils attending school for two days at the start of the week, and the other half for two days at the end, with a day for deep cleaning in between. There are wide variations in the numbers of parents who have committed to sending their children to school from Monday, with some schools expecting almost everyone, and others just a handful. Of the 2,350 governors asked whether it would be possible to have all pupils back for the last four weeks of term, 1,682 said this was unlikely or very unlikely. "It would be physically impossible to bring all pupils back with reduced class sizes - we do not have the extra classrooms or staff to accommodate them safely," one governor wrote. "It is going to be challenging enough to get Reception, Year 1 and Year 6 pupils back into school, respecting all of the social distancing and also providing spaces for key worker and vulnerable children. This will take up all the classroom space in the school and use up all of the staff who are available," wrote another. However, another expressed frustration at being unable to welcome all children back to school immediately, saying parents "need a break and the children are getting feral". Overall, governors expressed concerns about the pressure placed on themselves and on headteachers by the pandemic. "I can only say that the professionalism of our team has shone through and for everyone's sake we hope the advice is right and that safe and effective learning returns for some and continued remote learning carries on for others," said Nick Horslen, chair of governors at Kings Wood Primary and Nursery School in High Wycombe. "The situation is a long way from ideal but the creativity and determination to help children is the constant priority." Schools in Wales do not have a date for returning and schools in Scotland and Northern Ireland are going back in August. 2. What does this all mean? Again, I'm not going to share any thoughts with you today, as I feel a bit conflicted still because I can see both sides of the argument is sometimes you find that both people can be right! One thing I'm sure of though is that this debate is going to continue probably for some time to come. 3. Where can I find further information?
There isn't really much more that I can say in this update now. However, as I always like to do at the end of my updates, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Remember also, that there are other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor Here's my update again for this week. Like last week, I am going to do the first section of this update as an animated video and text. That being said, somebody has kindly pointed out to me that it takes more time for them to listen to the update then to read it, because the animated voice goes too slowly. So I have taken this on board and have tried to speed up the voice this week. I hope that this helps people again. 1. What has happened this week?  Once more, in education news, the issue was still about when schools would reopen and how they would reopen… There was initially an article entitled: "Coronavirus: 'Stop squabbling’ demand over opening schools", which said: “The government and unions should "stop squabbling and agree a plan" to reopen schools safely, the children's commissioner for England has said. Anne Longfield said many disadvantaged children were losing out because of schools being closed for so long. Teachers' leaders met the government's scientific advisers on Friday, but did not agree how to return to the classroom safely. Some local authorities have said they will not reopen schools from 1 June. The government has set out plans to begin a phased reopening of primary schools in England from 1 June. But the plans have been challenged by teachers' unions, who have disagreed with the Department for Education over whether it is safe to return to school. Schools need to open "as quickly as possible", Ms Longfield has said, as she called for stronger safety measures to be introduced, such as regular testing for pupils and teachers, managed interaction between adults and deep cleaning of facilities. She said that, without a vaccine, schools will never be 100% safe, as she urged the government and unions to work together "in the interests of children". Schools have been closed by the coronavirus for most pupils since 20 March, staying open only for the children of key workers and vulnerable children. Ms Longfield said that deprived and vulnerable children would suffer most from missing school and there was a growing "disadvantage gap". She backed plans to bring back children in Reception, Year 1 and Year 6. Kevin Courtney, co-leader of the UK's biggest teaching union, the National Education Union (NEU), told BBC Breakfast the meeting with scientific advisers on Friday was a "step forward" but that more cooperation was needed between the government and unions to "find a safe way back". The NEU has drawn up five tests which, it says, the government should meet before schools reopen. These include regular testing, protection for vulnerable staff and a national plan for social distancing. Mr Courtney called on the government to set up a task force with unions to plan a safe way of getting children back to school. Liverpool's schools will not reopen until mid-June "at the very least", the city's council said. Hartlepool Borough Council has also challenged the government's timetable, saying schools will not reopen at the start of next month "given that coronavirus cases locally continue to rise". However, Andy Preston, mayor of Middlesborough told BBC Breakfast that, although children and teachers have to be kept safe, "no-one can ever be given a 100% guarantee", stressing the impact that school closures were having on deprived children. While many primary schools in England are under local authority control, others are run by academy trusts. Steve Chalke, founder of the Oasis Trust, which has 35 primary schools across the country, said opposition to reopening fails to recognise the harm to disadvantaged children from missing school. England is the only UK nation to set a date for schools to start to return. Teachers have said they are worried about the emotional distress returning to the classroom could have on staff and pupils. Becky, who has asked her surname not be used, teaches Reception and Year 1 at a primary school in Birmingham. Speaking about the effect new rules will have on children, she said: "They won't be able to play with toys, play with their friends. When they're distressed and upset, how can we comfort them from a distance? It will cause them damage." Her comments were echoed by parent Claire Dhillon-Burrows, from Hertford, who has three children, one of whom is four years old and is due to return to school on 1 June. "He doesn't know how to social distance and still sucks his thumb," she said, asking why teachers were being expected "to work a social distancing miracle with such young children". The British Medical Association has backed teachers' unions by saying Covid-19 infection rates are too high for England's schools to reopen. The infection rate in the UK - the so-called "R-number" - has crept up from between 0.5 and 0.9 to between 0.7 and 1.0. The number needs to be kept below one in order to stay in control and any increase in the number limits the ability of politicians to lift lockdown measures. Prof Sir Mark Walport, the government's former government chief scientific adviser, said the rise in the R-number - albeit "relatively small" - is concerning and illustrates how carefully social distancing measures need to be relaxed. "There's no question that the prospect of a second wave still exists," he told BBC Radio 4's Today programme. Speaking about schools reopening, Prof Walport said schools have returned "in a very cautious fashion" in Denmark for the past month and the country's R-number has reduced. A Department for Education spokeswoman said: "Getting children back to school and nurseries is in their best interests and all those working in education have a duty to work together to do so. "We welcome the children commissioner's support for a phased return of children to primary school with many of the measures she raises, like staggering drop-off and pick-up times, keeping children in smaller groups and regular hand washing, already in train." Schools in Wales will not be going back on 1 June and it is not expected that schools in Scotland or Northern Ireland will go back before the summer break.  By the end of the week though, an article appeared entitled: "Councils throw 1 June reopening plan into doubt", which said: Scores of councils in England say they cannot guarantee primaries will reopen on 1 June, throwing government plans to get pupils back to school into chaos. Only 20 of 99 councils to respond to a BBC Breakfast survey said they were advising schools to open more widely on Boris Johnson's target date. Of the 99 who responded, two thirds (68), could not guarantee schools would reopen to Reception, Year 1 and Year 6. It comes as the government prepares to publish scientific advice on its plan. Ministers have been insisting that they would only be calling on schools in England to reopen in June if the scientific advice said it was safe to do so. Teaching unions, heads and politicians have been calling for that advice to be made public. BBC Breakfast carried out a snap-shot survey of the 150 local authorities that oversee primary schools over the past 48 hours. It also showed: - 14 local authorities, mainly in the north-west of England, said they would not be advising schools to open their doors to more pupils - 11 said they were still considering the issue - 54 leaving the decision up to individual schools - The local authorities which have said they will not open on 1 June include: Blackburn, Bury, Calderdale, Cheshire East, Cheshire West, East Riding, Knowsley, Newcastle City, Rochdale, Stockport, Trafford and Wirral. It is the head teachers and the governing bodies on the ground who need to make arrangements for social distancing or keeping children within small groups to limit the potential spread of infection. Schools across England have been open to small numbers of vulnerable pupils and the children of key workers since they formally closed at the end of March. But the prime minister announced plans for a phased reopening of primaries from 1 June, when he set out the government's plans to move gradually out of lockdown measures on 10 May. Almost immediately, teaching unions and head teachers warned of safety concerns and practicalities in many schools which, they argued, made safety measures unfeasible. And, with scientific evidence on the way the virus is spread by children limited, there are concerns the wider opening of schools could lead to a second spike in Covid-19. Teaching unions also called for a more regional approach, with local authorities being given the final call. Education Secretary Gavin Williamson made a plea for the sector to let children get back to school, and a string of ministers lined up to try to persuade parents, many of whom are concerned about a return, that schools would be safe. But, as opposition continued to grow, there has been a softening of the government's approach. On Wednesday, Justice Minister Robert Buckland, said the government was prepared to listen to the concerns of head teachers and council leaders, and hinted it might step back from the 1 June date. He also acknowledged schools would not reopen in a uniform way across England after half term. A spokesman for the Department for Education said: "We want children back in schools as soon as possible because being with their teachers and friends is so important for their education and their well-being." He added that plans for a cautious, phased return of some children was based on the best scientific and medical advice and insisted the department had been engaging closely with a range of organisations including the teaching unions. But Paul Whiteman, general secretary of the National Association of Head Teachers, said support for a fixed date for school return was vanishing quickly. "What is needed now is local flexibility to determine when it is right for schools to open up to more pupils." Councillor Judith Blake, chair of the Local Government Association's children and young people board, backed calls for decisions to be made locally. "As there are different Covid-19 infection rates around the country, schools and councils must be able to work together to decide how and when schools open to more children," said Ms Blake. Councils also needed crucial testing data to be shared with them to boost confidence about reopening schools among teachers and parents, along with powers to manage outbreaks in schools, care homes and the community, she argued. Meanwhile Unison, which represents many school support staff, said members had little confidence in government reassurances that English schools will be safe to open to more pupils from 1 June. An overwhelming 96% of 42,000 teaching assistants, cleaners, technicians and office staff surveyed by the union, said they felt ministers had not put safety first in their reopening plans. On Thursday the governments of Scotland and Northern Ireland announced plans for a phased return to school for pupils, starting in August. Wales has not yet set a date.  Notwithstanding this though, the Government has now issued guidance entitled: “Supporting your children's education during coronavirus (COVID-19)” which states as follows: From the week beginning 1 June 2020, at the earliest, we’ll be asking: - primary schools and childcare providers to bring back children in nursery, reception, year 1 and year 6 - secondary schools to offer some face-to-face support to supplement the remote education of year 10 children who are due to take GCSEs next year Vulnerable children and the children of critical workers continue to be eligible to attend, and we encourage them to do so where appropriate. Other children will continue to be supported to learn at home. Further information on which children can attend school is available. This page and information for teachers will be updated regularly to include further resources and reflect the latest information and developments. While staying at home due to coronavirus, parents and carers may be worried about their children’s development and the effect of missing school or nursery. No one expects parents to act as teachers, or to provide the activities and feedback that a school or nursery would. Parents and carers should do their best to help children and support their learning while dealing with other demands. Alongside any work your children receive from school, you can try using online educational resources covering various subjects and age groups. These have been recommended by teachers and school leaders. Educational programmes to help children learn at home are available from the BBC. Have regular conversations about staying safe online and tell your child to speak to you if they come across something worrying online. Mental health and wellbeing. The change of routine and staying at home may make this a difficult time for some children. Public Health England has published advice on how to support your children’s wellbeing during the coronavirus outbreak. 2. What does this all mean? I feel that I am now beginning to repeat myself in this section in these weekly updates. This is because it again seems a very difficult question to answer as I can see positives and negatives on both sides. However, as we get closer to the end of the school year (with half–term next week), I do wonder what will happen if we try to get some children with SEN back in the classroom for only a short period of time before they have to break again for the long summer holidays? 3. Where can I find further information? There isn't really much more that I can say in this update now. However, as I always like to do at the end of my updates, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Remember also, that there are other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. 1. What has happened this week?
In education news, the issue was again about when schools would reopen and how they would reopen… On Monday 11th May, the Government issued guidance entitled: “Actions for education and childcare settings to prepare for wider opening from 1 June 2020”… For children and young people with Special Educational Needs, the best summary I found was on the website of the Council for Disabled Children, on a page entitled: “The Department for Education has published new guidance on phased returns to schools, colleges and nurseries” which said:… “By 1 June at the earliest, primary schools in England may be able to welcome back children in key transition years – nursery, Reception, Year 1 and Year 6. In particular, as per the existing guidance on vulnerable children and young people, vulnerable children of all year groups continue to be expected and encouraged to attend educational provision where they can safely do so… The guidance sets out principles that will apply to the phased return including:…
The guidance sets out a range of protective measures to ensure education settings remain safe places including:… - reducing the size of classes and keeping children in small groups without mixing with others… - staggered break and lunch times, as well as drop offs and pick ups… - increasing the frequency of cleaning, reducing the used of shared items and utilising outdoor space.”…  But there then followed a bit of a backlash. In an article on the BBC’s website entitled: "Class size of 15 pupils when primary schools return", it said: … “There is an "ambition" for all primary school children in England to spend a month back at school before the summer holidays, says the government's updated Covid-19 guidance… But to support social distancing there will be class sizes of no more than 15 pupils, staggered break times and frequent hand washing… The National Education Union rejected the reopening plans as "reckless"… Prime Minister Boris Johnson, in his televised address on Sunday, said if the level of infection remained low enough, children in Reception, Year 1 and Year 6 in primary schools might begin to return, from 1 June "at the earliest"… Further guidance on Monday announced plans to widen this to all primary year groups, including early years settings and childminders - but with strong warnings of delays if "insufficient progress is made in tackling the virus"… The decision to make Reception, Year 1 and Year 6 the first classes to return was "to ensure that the youngest children, and those preparing for the transition to secondary school, have maximum time with their teachers"… Details set out by the Department for Education show classes will be divided into groups of no more than 15 pupils - and these small groups will not mix with other pupils during the school day… The guidance says pupils should be kept two metres apart if possible - but it accepts that young children cannot always be expected to keep that distance apart, from each other or staff… There will be staggered break and lunch times, and different times for starting and finishing the school day… Children will be encouraged to wash their hands often, cleaning of rooms will be more frequent and schools will be encouraged to use outdoor spaces… But the wearing of masks is not recommended, for either pupils or teachers… This follows the pattern of a return of schools in Denmark, which has used a system of teaching children in small groups which are kept separate from each other and where there is regular hand washing… Secondary schools and further education colleges are likely to stay closed until September - apart from pupils with exams next year, who will get more help in addition to their current online lessons… Schools and colleges are told to "prepare to begin some face-to-face contact with Year 10 and 12 pupils who have key exams next year"… But Labour's Shadow Education Secretary Rebecca Long-Bailey said the government needed to address teachers' "concerns, anxiety and confusion"… "There is no information about how social distancing will work in schools, how teaching and support staff, pupils and parents will be protected from the virus, how small class sizes will be achieved."… More than 400 thousand people have signed an online petition urging the government to give parents a choice on whether they send their children back to school this term… But it is understood that parents who decide to keep their children at home will not face fines for non-attendance… At present, parents who are key workers have the option of sending their children to school, but there are no penalties for those who have not taken up places… This temporary arrangement during the coronavirus crisis will also continue for the year groups going back to school… "As a mum, I don't want to face serious repercussions for making a choice I feel affects the safety of my daughter during a global pandemic," said petition organiser, Lucy Browne… When schools were kept open for key workers' children, there were worries that too many would turn up. But in practice the opposite happened, with lower numbers than anticipated… The latest guidance says 2% of pupils are currently going to school - and with no fines and lessons likely to be complicated by social distancing, it remains to be seen how many children will return… But it will give more parents an option for going back to work - and children might be relieved to get out and see their friends again… Speaking at the government's press conference on Monday evening, the chief medical officer for England, Prof Chris Whitty, said the risks of coronavirus were "very, vey low in children in contrast to other infectious diseases"… He said the question was whether re-opening primary schools would lead to a "significant upswing or a change in the R"… "The view is that if it's done very carefully, slowly, it is very unlikely to do that - but it has to be done very carefully… "Teachers and parents are understandably concerned about individual risk and that's very much what we're consulting on at the moment with the profession, and it is very important that we have a proper debate around that, to make sure people understand that we can do many things to reduce the risk."… "This timetable is reckless. This timetable is simply not safe," says Mary Bousted, co-leader of the biggest teachers' union, the National Education Union… She said the reopening plans had "stoked teachers' anxiety and triggered real confusion because the announcement is inconsistent on the importance of social distancing and how or whether it can be achieved in schools"… "The profession has got very serious concerns about that announcement of 1 June - whether indeed it is possible to achieve it, but also how to achieve that in a way which is safe for pupils and staff," said Patrick Roach, leader of the N.A.S.U.W.T teachers' union… Paul Whiteman, general secretary of the school leaders' union NAHT, said the ambition to return all primary pupils within the next seven weeks was "wildly optimistic, to the point of being irresponsible"… "School leaders do not want to see classrooms empty for a day longer than they need be - but there is not a school leader in the land who wants to risk admitting more pupils unless it is safe to do so."… Many parents on the BBC's Family and Education Facebook page expressed concerns over safety… Kirsty Smith said: "I have a Reception-aged child and then three others in years that aren't going back… "First thing my youngest will want to do is give her teacher and friends a hug - she's five… "Telling a child 'no this no that' is going to make them think they're constantly doing wrong by doing things that are natural to them… "They may split the classes and stagger lunch times but they won't be able to sanitise every pencil, toy, lunch table even before the next child uses it."… Gurmeet Bhachu added: "No, my child is not going back to school until it is absolutely safe for them and teachers."… Louise Richards said: "Many children are in families with at risk members. They can't go back. It will simply disadvantage those and put the rest at risk."… Suzanne Mattinson said she would not send her child back to school until there was a vaccine… "If my hand is forced, I'll remove him formally and home school."… In Wales, the First Minister Mark Drakeford has said: "We're not going to be reopening schools in Wales in the next three weeks, or indeed in June," he said… In Scotland, it seems unlikely that schools will re-open before the summer holidays, with most schools due to break up before the end of June… In Northern Ireland, Education Minister Peter Weir has spoken of a possible phased return of schools in September.”…  There was also criticism from teaching unions. In another article on the BBC’s website, entitled: “'Not safe to reopen schools,' warn teachers' unions”, it said:… “Plans to reopen primary schools in England do not have adequate safety measures and need to be halted, warns an alliance of school teachers' unions… A joint education union statement called on the government to "step back" from a 1 June start date… In the House of Commons, Education Secretary Gavin Williamson warned against "scaremongering" over safety… But his department's chief scientific adviser cast doubt on suggestions the virus spreads less among children… Mr Williamson, facing questions from MPs on reopening schools, rejected fears over safety and said it was the most disadvantaged who were losing out from schools being closed… "Sometimes scaremongering, making people fear, is really unfair and not a welcome pressure to be placed on families, children and teachers alike," he told MPs… Mr Williamson said that pupils, like teachers, would be a priority for testing if they or their families showed symptoms… The Liberal Democrats' education spokeswoman, Layla Moran, challenged the education secretary to publish the scientific evidence on which the return to school was based… But the Department for Education's chief scientific adviser, Osama Rahman, appearing before the Science and Technology Committee, said decisions around opening schools, such as which year groups went back first, had not been taken by the department… Asked whether he had assessed the safety guidance given to schools and how it might be implemented, the DFE's scientific adviser told MPs: "I haven't."… As such he was unable to say what evidence was behind the decision to reopen schools - or to say how many under-18s had died from the virus… And Mr Rahman told MPs there was only "low confidence" in evidence suggesting that children transmit Covid-19 any less than adults… "As a former teacher listening to this I don't think the profession is going to be at all satisfied by what they are hearing at the moment," said Scottish National Party MP Carol Monaghan… Patrick Roach, leader of the N.A.S.U.W.T teachers' union, said the DFE adviser's comments were "truly shocking and disturbing"… The Department for Education later circulated a letter from Mr Rahman in which he said he had been "closely involved" in advising on reopening schools - and that he had "full confidence in in the plan to reopen education institutions for all the reasons set out by the government"… In their joint statement, nine unions, including the National Education Union and the National Association of Head Teachers, rejected the plans for a phased return of primary school pupils after half term - saying it was still too early to be safe… The unions called for a delay until a "full roll-out of a national test and trace scheme" was in place and there were extra resources for cleaning, protective equipment and risk assessments… The joint statement said that "classrooms of four and five-year olds could become sources of Covid-19 transmission and spread"… "We call on the government to step back from the 1st June and work with us to create the conditions for a safe return to schools."… But Mr Williamson told MPs that opening schools was the "responsible" course of action, now the virus was "past the peak" and that safety was uppermost in how it was being planned… "The best place for children to be educated and to learn is in school," he said, particularly for the disadvantaged who would be most likely to fall further behind… Instead of a fixed date for a return, Labour's shadow education secretary, Rebecca Long-Bailey, argued that schools should reopen only when there was clear evidence it was safe… "The guidance provided so far does not yet provide the clear assurances over safety that are needed," she told MPs… She said that families were still worried about the implications of pupils going back to school, such as for relatives who might have illnesses… In Wales, the First Minister Mark Drakeford has said schools would not open on 1 June… In Scotland, it is not expected that schools will re-open before the summer holidays… In Northern Ireland, Education Minister Peter Weir has spoken of a possible phased return of schools in September.”… 2. What does this all mean? Again, it’s a very difficult one, isn’t it? I really appreciate how important it is for children to be able to get back into education as soon as possible, but I am very concerned that there are many pressures being applied to try to get children back into schools before things are ready for them and it is safe to do so. 3. Where can I find further information? There isn't really much more that I can say in this update now. However, as I always like to do at the end of my updates, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Remember also, that there are other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor Here is my update for this week. Following last week's very long and detailed update about the recent changes to the law regarding SEN (which I will explain more soon), I have realised this week that I have a lot more detailed than information to provide to you, both of which may have been or may well be a bit of a 'wall of text' for people to read. So, I have decided this week to try and do things slightly differently by putting the first couple of sections of this update into an animated video that should be easier for people to understand more quickly. Apologies for any mispronunciations! I hope that this helps people again. 1. What has happened this week? 2. What does this all mean?
It's a really tough one isn't it? I can see arguments on both sides. I guess though, thankfully, it is not up to people like me to make these very hard decisions and my heart goes out there is who have to wrestle with these kinds of decisions. I genuinely wish you the best if this is you. 3. Where can I find further information? There isn't really much more that I can say in this update now. However, as I always like to do at the end of my updates, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Remember also, that there are other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor Here is my update for this week.
This week's update is a very long and detailed one - so best to grab that cup of coffee or tea before starting to read it! I know that last week in my update I spoke about a lot of different issues that were in the news, but this week I want to refocus things on what is happening in relation to SEN law and concentrate on the one most important development this week. I hope that this helps people. 1. What has happened this week? F As many people had been fearing recently, there was the issuing on 30th April of an open joint letter from Helen Whately MP. the Minister for Social Care and Vicky Ford, the Parliamentary Under-Secretary of State for Children and Families, addressed to: 'To all children and young people with special educational needs and disabilities (SEND), their parents/carers and families, and others who support them', which said: 'As Ministers responsible for children and young people with SEND and their health needs, we wanted to write to let you know that we are committed to doing everything possible to support you during this difficult time. None of us have faced a challenge like this in our lifetimes. Our response to the pandemic has different impacts on different people, but we know that these have been particularly hard for those children and young people with complex health needs, learning disabilities, autism and behaviour that challenges, and their families. Supporting the most vulnerable children, young people and adults is a priority for us at this time. We want to ensure that children and young people with SEND are supported as well as possible in these difficult circumstances and want to update you on some changes to the law and other actions we are taking in order to enable this. Changes to the law We are temporarily changing the law regarding Education, Health and Care (EHC) plans in two key ways. Firstly, we have issued a notice under the Coronavirus Act 2020 confirming that local authorities and health commissioning bodies (e.g. Clinical Commissioning Groups) must now use their reasonable endeavours to secure the provision set out within a child or young person’s EHC plan. This means that local authorities and health bodies must consider, for each child and young person with an EHC plan, what they need to provide during the period of the notice. This may result in a child or young person’s provision being different from that which is set out in their EHC plan, but local authorities and health services will still seek to support the needs of the child or young person in the new circumstances we find ourselves in. For example, they may offer support virtually rather than face to face. This legal change will be in force from 1st to 31st May 2020 and may be extended. Secondly, where a reason relating to the incidence or transmission of coronavirus applies, the usual timescales in regulations for various EHC processes will be replaced by requirements on local authorities, health care professionals and others to act as soon as reasonably practicable (or in line with any other timing requirement in the regulations being amended). These changes will be in force from 1st May to 25th September 2020 and we will be keeping this under review. We have published detailed guidance alongside these temporary changes. A link to this guidance can be found at: https://www.gov.uk/government/publications/send-code-of-practice-0-to-25. We know that as parents and others involved in the care of this vulnerable group, your primary concern is their health and wellbeing. As the Ministers for SEND and Care, we share those concerns and want to reassure you that these changes are temporary and all other requirements of the EHC process remain unchanged. The changes are designed to balance the needs of children and young people with the ability of local authorities and health services to respond to the outbreak. Our aim is that, as far as practicable during this difficult period, EHC processes continue so that children and young people still get help and support whilst accepting that this may have to be done differently. We expect commissioning bodies – and the services they commission – to maintain education, health and care provision for vulnerable children, and also to extend extra support, where possible, to families in most need – recognising that home isolation is extremely hard for many children and young people with SEND and their families. In addition, we want to emphasise that co-production, partnership and communication remain critical. Keeping children and young people with EHC plans in education For those with EHC plans, we are asking local authorities and educational providers to work with families and the child or young person to carry out an individual risk assessment to judge whether the child or young person’s needs can be more safely met at home or at their educational setting. We recognise that some children and young people may be better off with the greater continuity and structure that education brings and that some of those with the most complex needs may need access to support that cannot be provided at home. We have provided new guidance to help with that risk assessment process: https://www.gov.uk/government/publications/coronavirus-covid-19-send-risk-assessment-guidance/coronavirus-covid-19-send-risk-assessment-guidance. For parents whose children are not in school, the Department for Education has published the guidance and an initial list of resources to support access to high quality remote education during school closures: https://www.gov.uk/government/publications/coronavirus-covid-19-online-education-resources/coronavirus-covid-19-list-of-online-education-resources-for- home-education. Funding Local authorities across England will receive a further £1.6 billion to help them to deal with the immediate impacts of coronavirus (COVID-19). This takes the total funding to support councils to respond to the pandemic to over £3.2 billion. Local authorities are best placed to decide how to meet service pressures in their local area, including within SEND and children’s social care. We have confirmed that schools and colleges will continue to receive their usual funding, including from the high needs block, to support them through this period of disruption: https://www.gov.uk/government/publications/coronavirus-covid-19- financial-support-for-education-early-years-and-childrens-social-care. We are also providing financial support to schools to meet additional costs arising from Covid-19: https://www.gov.uk/government/publications/coronavirus-covid-19- financial-support-for-schools. We hope that this letter has been helpful in setting out what we are doing at this time to support children with SEND. At the end of this letter, there are some key resources that may be helpful. Right now, our focus, like yours, is on the current situation and keeping you and your children safe and supported. We know that by working together, we can ensure that children and young people with SEND receive the support they need during this difficult time.' The Government also issued guidance that day on a webpage entitled: 'Education, health and care needs assessments and plans: guidance on temporary legislative changes relating to coronavirus (COVID-19)', which summarises things there in detail as follows: 'Purpose of this guidance Some aspects of the law on education, health and care (EHC) needs assessments and plans are changing temporarily to give local authorities, health commissioning bodies, education settings and other bodies who contribute to these processes more flexibility in responding to the demands placed on them by coronavirus (COVID-19). These changes are being brought about by: a) A notice from the Secretary of State for Education issued under the Coronavirus Act 2020 to modify section 42 of the Children and Families Act 2014 (duty to secure special educational provision and health care provision in accordance with EHC plan). The duty on local authorities or health commissioning bodies to secure or arrange the provision is temporarily modified to a duty to use ‘reasonable endeavours’ to do so. b) The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 (the ‘Amendment Regulations’). This instrument temporarily amends 4 sets of Regulations that specify timescales that apply to local authorities, health commissioning bodies and others: principally for various processes relating to EHC needs assessments and plans. Where it is not reasonably practicable or is impractical to meet that time limit for a reason relating to the incidence or transmission of coronavirus (COVID-19), the specific time limit (such as to issue a plan to someone eligible for one within 20 weeks of the initial request) in the regulations being amended will not apply. Instead, the local authority or other body to whom that time limit applies will have to complete the process as soon as reasonably practicable or in line with any other timing requirement in any of the regulations being amended (see Annex A: details of the amendments to the existing Regulations). This non-statutory guidance provides a summary of these legislative changes and sets out the key implications for all those who play a part in the processes relating to EHC needs assessments and plans. The target audience for this guidance is: - families and parent carer forums - SEND Information, Advice and Support Services (SENDIASS) - local authorities (both their SEND and social care services, at a strategic and operational level) - health commissioning bodies (again, at both strategic and operational level) - early years providers - schools and colleges - other education settings - others who contribute advice and information to EHC needs assessments, such as educational psychologists and other health care professionals - mediation advisers This guidance also confirms which key elements of the processes over EHC needs assessments and plans are unchanged. Notably this includes that a local authority must still consider requests for a new EHC needs assessment, must still secure all of the required advice and information in order to be able to issue a plan, and must have regard to the views and wishes of a child, the child’s parent or a young person when carrying out its SEND functions under the Children and Families Act 2014. Given that the changes to legislation are temporary, we will not be updating the statutory guidance, the SEND code of practice: 0 to 25 years. We recommend, therefore, that anyone referring to the SEND Code of Practice about EHC needs assessments and plans also reads this guidance. It is also important to refer to the Amendment Regulations for the full detail of the changes. We will keep this guidance under review. This document is part of delivering on our ongoing commitment to ensuring that children and young people with complex needs are supported effectively during this national health emergency. As such, it sits alongside a range of other guidance from the government on how to ensure the safety of vulnerable children and young people, such as: - Supporting vulnerable children and young people during the coronavirus (COVID-19) outbreak - Actions for schools during the coronavirus outbreak - Coronavirus (COVID-19): SEND risk assessment guidance Introduction The coronavirus (COVID-19) outbreak has put significant extra pressure on the ability of local authorities and health commissioning bodies to secure, or arrange, in full the provision set out in EHC plans; and to meet the statutory timescales for EHC needs assessments and plans. Coronavirus (COVID-19) has had a major impact on education settings, with the vast majority of children and young people not currently attending their early years provider, school or college. Coronavirus (COVID-19) has also affected the level of service that can be provided by those (such as educational psychologists and other health professionals) who provide advice and information as part of the process of assessing an individual’s EHC needs. In recognition of these factors, the government is legislating so as to strike the right balance during the outbreak of coronavirus (COVID-19) between: - the needs of children and young people with SEND to be protected and receive the right support in a timely way - managing the demands on local authorities and health bodies to respond to the outbreak. It is only those aspects of the law relating to EHC needs assessments and plans listed above that have changed temporarily because of the coronavirus (COVID-19) outbreak: the duty to secure or arrange provision and most of the timescales for particular processes. All other aspects of SEND law remain unchanged. Themes in this guidance Throughout this guidance we have sought to emphasise: - it is only some aspects of the law on EHC needs assessments and plans that have changed temporarily; and where this has happened, the law has been modified, not disapplied. The duties in law over EHC needs assessments and plans have not been ‘turned off’ - the ongoing importance of co-production with children and young people with SEND and their parents - that the impact of coronavirus (COVID-19) may mean that the process and provision in place previously may for the time being need to change - how important it is, in identifying the best way forward and giving the families clarity about what is happening, for there to be effective and timely communication between: -- local authorities (SEND and social care services) and health commissioning bodies -- families of those with SEND -- all those others involved in the processes for EHC needs assessments and plans, such as education settings and other health professionals The importance of co-production At this challenging time, it is even more important that local authorities, health services, education settings and all those involved in the processes relating to EHC needs assessments and plans work with families to identify appropriate ways forward. It is a fundamental principle of the SEND system that children and young people with SEND and their parents need to be fully involved in decisions about their support. Co-production and effective communication remain key, both at the strategic level and in relation to individual cases. Parent carer forums have an important role, working with local authorities and health commissioning bodies, to gather and feed in parents’ views on what can realistically be provided to children and young people in their area when the usual ways of working are under such strain. Local authorities, health services and the other bodies involved in the processes relating to EHC needs assessments and plans should communicate regularly with the families of those children and young people with EHC plans, or who are being assessed for plans or who apply for an EHC needs assessment. Where the changes in the law affect what families experience, they need clarity as to: - what provision will be secured for each child and young person and the reason for any difference from what is specified in the EHC plan - when decisions will be made as part of the various processes relating to EHC needs assessments and plans It is also crucial that local authorities ensure that children, young people and parents are provided with the information, advice and support necessary to enable them to participate effectively in discussions and decisions about their support. The local SENDIASS has a critical role to play at this time. It is important that local authorities ensure that these services are sufficiently resourced to support families. Co-operation between local authorities and early years providers, schools, colleges and other education settings The duty on early years providers, schools and colleges to co-operate with the local authority in the performance of its SEND duties remains in place. Close working and communication between all parties is a central element in ensuring that children and young people do receive appropriate provision. The time-limited duty to use ‘reasonable endeavours’ to secure or arrange provision in an EHC plan The notice by the Secretary of State for Education The Coronavirus Act 2020 provides for various emergency powers for the Secretary of State for Education. One is that where it is appropriate and proportionate in all the circumstances relating to the incidence or transmission of coronavirus (COVID-19), he may by notice temporarily modify any duty imposed on a person by section 42 of the Children and Families Act 2014 (duty to secure special educational provision and health care provision in accordance with EHC plan). This duty would then be treated as discharged if the person has used ‘reasonable endeavours’ to discharge the duty. The Secretary of State has issued such a notice, to be in force from 1 May to 31 May 2020 (inclusive). The Secretary of State can issue a further notice if need be. The notice does not absolve local authorities (for special educational provision and social care) or health commissioning bodies (for health care provision) of their responsibilities under section 42: rather they must use their ‘reasonable endeavours’ to secure or arrange the provision. This means that local authorities and health bodies must consider for each child and young person with an EHC plan what they can reasonably provide in the circumstances during the notice period. For some individuals, this will mean that the provision specified in their plan can continue to be delivered; but for others (because of the impact of coronavirus (COVID-19) on local authorities or health commissioning bodies) the provision may need temporarily to be different to that which is set out in their EHC plan. Once the notice expires or is cancelled, local authorities and health commissioning bodies would in all cases need to secure or arrange the full range of provision, as specified in the EHC plan. Local authorities’ and health bodies’ decision-making process Coronavirus (COVID-19) may make it more difficult for a local authority or health commissioning body to secure or arrange all the elements of the specified special educational and health provision in an EHC plan as required by section 42 of the Children and Families Act 2014 (the ‘modified s42 duty’). The Secretary of State for Education has listed some of the reasons why this might be more difficult in the notice: - the child or young person is not currently attending an early years provider, school, college or other setting - the following of ‘social distancing’ guidelines may disrupt education settings’ normal programmes for those who are still attending and make certain interventions impractical - the resources and services to secure the provision are reduced, for example because of illness, self-isolation or the need to direct staff resource at responding to the pressures generated by coronavirus (COVID-19) In deciding what provision must be secured or arranged in discharge of its modified s42 duty, the local authority and health commissioning body should consider: - the specific local circumstances (such as workforce capacity and skills and that of others whose input is needed to EHC needs assessments and plans processes, temporary closures of education settings, guidance on measures to reduce the transmission of coronavirus (COVID-19) and other demands of the outbreak) - the needs of and specific circumstances affecting the child or young person - the views of the child, young person and their parents over what provision might be appropriate The local authority or health commissioning body should keep a record of the provision it decides it must secure or arrange. It should then: - confirm to the parents or young person what it has decided to do and explain why the provision for the time being differs from that in the plan - keep under review whether the provision it is securing or arranging means that it is still complying with the reasonable endeavours duty, recognising that the needs of a child or young person may change over time (particularly in the current circumstances) as may the availability of key staff or provision Where the needs of the child and young person may have changed, it may be necessary for the local authority to conduct an early review of the EHC plan. The modified s42 duty relates to the provision for each individual child and young person. Local authorities and health commissioning bodies must not apply blanket policies about the provision to be secured or arranged. Securing or arranging provision in an EHC plan under the modified s42 duty In some cases local authorities and health commissioning bodies may be able to secure or arrange the provision as set out in the EHC plan. Where, however, the full provision in an EHC plan cannot be delivered or delivered in the way described in the plan, local authorities, health commissioning bodies, education settings and others may find the framework below useful in exploring with parents and the child or young person what provision can reasonably be secured or arranged. There should be a focus on: - the provision that the EHC plan describes as needed by the individual child or young person - the availability of those who should usually deliver what is needed - what can be done to deliver provision differently The framework acknowledges that what constitutes reasonable endeavours will vary according to the needs of each child and young person and the specific local context. In deciding what provision would be required, it might be appropriate to consider the following: What? Securing something different to the provision stated in the plan, for example in relation to availability of staff, availability of technology and any significant risk that may cause harm Where? Location where provision is to be provided may be altered, for example early years provider, school, college, community setting, home or clinic How? Frequency and timing of provision may be altered or modified in the light of available staff and risks that may cause harm When? Method of delivery may be altered, for example virtual rather than face-to-face and smaller rather than larger groups for teaching (where this can be done following the guidance on reducing transmission of coronavirus (COVID-19)) By whom? Changes to the person delivering the provision, for example a learning assistant under virtual supervision rather than a specialist therapist or teacher' ... The guidance then goes on to look at: 'Examples of alternative arrangements' in some detail which you can read for yourself if necessary. It then continues as follows: 'Timescales for EHC needs assessments and plans Description of the changes to the Regulations In addition to the changes to the law about securing or arranging provision in EHC plans, from 1 May to 25 September 2020 (inclusive) the Regulations which provide most of the statutory timescales for the EHC needs assessments and plans processes will be modified. This modification is different to that delivered by the notice in a number of ways, notably: - the law is only changed where in a particular case it is not reasonably practicable or impractical5 for a local authority, health commissioning body or other body to discharge its duties for a reason relating to the incidence or transmission of coronavirus (COVID-19) - the modification is to the timing. Where it is not reasonably practicable or impractical to conclude an action within the statutory timescale – for example, 6 weeks for a decision whether to make an EHC needs assessment – because of the incidence or transmission of coronavirus (COVID-19), the local authority or other body to whom that deadline applies will instead have to complete the process either as soon as reasonably practicable or in line with any other timing requirement in the regulations being amended. Further details are set out in Annex A: details of the amendments to the existing Regulations. Some of the processes relating to EHC needs assessments and plans already have allowable exceptions to the timescales. The changes in the law provide for an additional exception to these processes where delay is because of coronavirus (COVID-19) - the Secretary of State for Education must review the effectiveness of the changes to the regulations - the changes are for the period 1 May to 25 September 2020 (inclusive) To illustrate how the amendments to the law will work: - where a local authority has decided that it is necessary to issue an EHC plan following an EHC needs assessment the duty has been to do so as soon as practicable but in any event within 20 weeks6 of an initial request. The Amendment Regulations7 provide that if the incidence or transmission of coronavirus (COVID-19) makes it impractical for the local authority to do so within the 20 weeks they must discharge their duty to do so as soon as practicable - where a request is made to a local authority to re-assess educational, health care and social care provision, the duty has been to notify the child’s parent or the young person within 15 days8 of the request. The gloss9 to the duty in Regulation 2A of the Amendment Regulations, that will change the way in which the provision should be read, applies here. It means that if it is not reasonably practicable to complete this process within the 15 days because of the incidence or transmission of coronavirus (COVID-19), the local authority must do so as soon as reasonably practicable The timescales in the Regulations being amended relate to the following: - the handling of requests for EHC needs assessments, decisions whether to issue plans and the preparation and issue of plans - annual reviews of plans - the processes relating to mediation - the processes where there is a change of local authority or health commissioning body for a plan - the process for a local authority reviewing for the first time the making and use of direct payments from a Personal Budget that is part of an EHC plan - the actions that the local authority and health commissioning body must take when the First-tier Tribunal makes non-binding recommendations in respect of certain types of health and social care matters within an EHC plan (as part of the National Trial, which continues) The Regulations being amended include those that set out the processes over EHC needs assessments and plans for detained persons (the Special Educational Needs and Disability (Detained Persons) Regulations 2015). The duties over timescales apply variously to: - local authorities (SEND and social care services) - health commissioning bodies - those who provide advice and information for EHC needs assessments, including educational psychologists, other health professionals and education settings - parents or young persons (when requesting a mediation certificate) - mediation advisers Annex A: details of the amendments to the existing Regulations sets out the full list of regulations that have been changed. For detail of what exactly has changed, refer to the Amendment Regulations themselves. How the Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 can affect timescales for EHC needs assessments and plans processes Process for handling a request for an EHC needs assessment and the issue of a plan under regulations 4(1), 5(1), 10(1) and 13(2) of the Special Educational Needs and Disability Regulations 2014 Usual process The local authority needs to decide whether to proceed with an EHC needs assessment as soon as practicable and in any event within 6 weeks of a request (Regulations 4(1) and (5)(1)). If the local authority ultimately decides, following an assessment, to issue a plan, it must issue the plan as soon as practicable and in any event within 20 weeks of the request for an assessment (Regulation 13(2)). Exception relating to coronavirus (COVID-19) If it is impractical for the local authority to meet the initial 6 week deadline because of a reason relating to the incidence or transmission of coronavirus (COVID-19), then it must instead reach that decision as soon as practicable. When one process with a statutory deadline concludes and a further process begins: decision on whether to issue a plan following an EHC needs assessment A reason related to the incidence or transmission of coronavirus (COVID-19) may make it impractical to complete the next stage of the process on time. In such a situation, the local authority will need to proceed to conclude the next stage as soon as practicable rather than within the statutory deadlines (16 weeks if it decides not to issue a plan, 20 weeks otherwise) (Regulations 10(1) and 13(2)). Cases in progress on 1 May 2020 The Amendment Regulations will come into force on 1 May. If consideration of a request for an EHC needs assessment or one of the processes that may follow is in progress on that date, then the relevant exception to the timings in the Amendment Regulations could apply if coronavirus (COVID-19) had caused delay. This would depend on the facts of the case. If the final deadline (such as the end of the 20 weeks) had passed before 1 May, the relaxations to timescales for a reason relating to coronavirus (COVID-19) made by the Amendment Regulations could not apply because they were not in force then. Key elements of the processes relating to EHC needs assessments and plans are unchanged These temporary changes to the law only affect various statutory timescales for processes relating to EHC needs assessments and plans. All of the other requirements of the EHC needs assessments and plan processes remain unchanged. A local authority must still consider requests for a new EHC needs assessment or a re-assessment. Where the local authority decides to carry out an EHC needs assessment, it must still secure all of the required advice and information in order to be able to issue a plan. Section 19 of the Children and Families Act 2014, which requires local authorities to have regard to the views and wishes of a child, the child’s parent or a young person when exercising its SEND functions under the Act, remains in force. A local authority must continue to have regard to the guidance on the handling of delays in paragraph 9.43 10 of the SEND Code of Practice. Where the circumstances relating to coronavirus (COVID-19) set out in the Amendment Regulations apply to more than one process, then an exception may apply to each of those processes. If a process with a statutory timescale begins where a delay relating to coronavirus (COVID-19) is likely, the local authority should advise the parent or young person of this. One of the timescales relating to EHC plans11 is giving parents or the young person at least 15 days to give views and make representations on the content of a draft plan. There is no change to the law here. Local authorities will wish to be alert to the circumstances of parents and young people in the time of the outbreak and to take this into account in setting the deadline. It may be harder for parents and young people to contact early years providers, schools and colleges, for example, to gather information relating to deciding their preference over setting. Parents and young people may themselves be ill or otherwise directly affected by the outbreak. A final EHC plan must still include all of the required advice and information. The provision set out in the final plan should be in line with the statutory requirements for any EHC plan and not be limited because of the circumstances of coronavirus (COVID-19). Reviews and re-assessments of EHC plans must still take place (although there can in some circumstances be flexibility over the timing of an annual review, see paragraphs below) Decisions, including those over the content of any EHC plan, must continue to be made in accordance with the statutory framework and be based on the individual needs, provision and outcomes for the child or young person. Local authorities must not apply blanket approaches in relation to EHC needs assessments or plans processes and decision-making. For example, local authorities cannot implement a general policy of refusing to consider new requests because of coronavirus (COVID-19). Neither can they make blanket decisions based on particular age groups of children and young people, those with certain types of need, or based on whether they are at home or in school. Examples of how local authorities might need to adapt how they manage the processes relating to EHC needs assessments and plans New ways of working are needed in the current exceptional circumstances. Some local authorities are establishing virtual advisory panels by a secure virtual meeting platform to assist with decision-making. Many already have arrangements to share information in advance through secure electronic methods. Where sufficient recent information is not already available, professionals may be able to carry out observations of a child if he/she is still in a setting where this can be done in ways consistent with guidance on reducing the transmission of coronavirus (COVID-19). Alternatively, information could be gathered by phone or by a virtual meeting. To help manage demands on services, where services use templates for their advice and information, these might need to be adapted for use during the outbreak so that reports are more concise whilst still containing the essential information about the child or young person’s needs, provision, and outcomes. Annual reviews of EHC plans There is a power12 under the Coronavirus Act 2020 for the Secretary of State for Education by notice temporarily to disapply the duty to conduct annual reviews. However, he has not issued a notice under this power at this point in time, so the annual review requirements remain in place. However, the government has legislated to provide extra flexibility for local authorities over the timing of these reviews. Where it is impractical for a local authority to complete an annual review of a plan within the prescribed timescales for a reason relating to the incidence or transmission of coronavirus (COVID-19), then the local authority must complete it as soon as reasonably practicable13 . Annual reviews may, in the current circumstances, need to take a different form. However, it is important that they continue to ensure that the child or young person is at the centre of the process and can engage with the process in a meaningful way. A review meeting, even if by necessity briefer than usual, can be reassuring for parents, children and young people, through ensuring that their EHC plan is up-to-date so that they can receive appropriate provision. Many local authorities have been working on improvements to the timeliness and quality of annual reviews and will want to continue to build on this work to manage reviews effectively during the outbreak. For example, it may be appropriate to use a simpler format to gather information electronically and to hold the meeting by phone or as a virtual meeting. Professionals contributing to the review may need to base that on the information already available and discussion with the family as they may not be able to meet the child or young person. While meetings might take a different format, they should still involve all the key professionals wherever possible. Local authorities should identify priorities for review, which may include: - children and young people with significant changes of need or circumstances - looked after children - children and young people in residential provision - children and young people in out of area provision, especially independent and non-maintained provision Local authorities must already have completed this year’s required transfer reviews for a child or young person moving between key phases of education (transfers into or between schools, moves from secondary school to a post-16 institution or apprenticeship, or moving between post-16 institutions). There is no change to the statutory deadlines for these reviews. Where, exceptionally, completion has been delayed, these transfer reviews need to be finalised as a priority. Implications for early years providers, schools, colleges etc The duty on education settings to admit (section 43): no change Whilst the Secretary of State for Education now has powers under the Coronavirus Act 2020 by notice temporarily to disapply the duty to admit, he has not issued any such notice at this point in time. An early years provider, school, college or other setting named in an EHC plan must accordingly admit the child or young person. Where a setting is temporarily closed, the setting must still admit. In the case of a school or college, the child or young person must be placed on the roll and treated in the same way as other pupils or students in the setting. The government’s advice on SEND risk assessments is that during the outbreak local authorities should consider the needs of those with an EHC plan, and make a risk assessment, consulting educational settings and parents or carers, to determine whether these children and young people can have their needs met at home and be safer there than attending an educational setting. In addition, the local authority must make reasonable endeavours to secure the provision in the EHC plan. The timescale for education settings to respond to a proposal to name them in an EHC plan: no change The expectation in the SEND Code of Practice that local authorities give early years providers, schools and colleges up to 15 days to respond to a proposal to name their institution in an EHC plan remains in place. The request to consider a placement that is sent to the setting for consultation over the naming of that setting will include the draft plan and all of the advice and information received as part of the assessment. This provides considerable levels of information about the individual’s needs, provision and outcomes. In addition, the proposed setting can, as part of its consideration, make direct contact with the parent or young person to discuss the admission. We therefore expect that, in most instances, settings should remain able to engage effectively in this aspect of the EHC plan process and families might still reasonably expect this to happen as part of the timely completion of an EHC plan. We recognise, however, that staff absence because of illness, self-isolation etc may affect the speed with which a setting can reply. In such circumstances, the setting needs to communicate with the local authority about a possible delay in responding. Communication during this part of the process is key to effective decision-making. We recommend that in parallel with sending the proposal to the setting, the local authority also makes phone contact. While settings may remain closed to pupils or students, we look to them to make arrangements that enable them to continue to respond to consultations on future admissions during this period. Complaints and rights of appeal of parents and young persons: no change Clearly these are unprecedented times. One aspect of this is that the vast majority of those with EHC plans are not currently attending their usual education setting. This may make it more difficult for the local authority or health commissioning body to secure or arrange the full range of provision in an EHC plan. It may also not be appropriate during the outbreak for local authorities, health bodies, educational psychologists and other professionals to provide their usual level of service delivery in relation to the EHC needs assessments and plans processes. This is why the law in relation to these matters has temporarily been modified. In most instances, families and the local authority or health body and their partners will be able to work together to agree a mutually satisfactory arrangement for the time being. However, where a parent or young person may be dissatisfied about the actions of a local authority or health body over how they have discharged their modified s42 duty or about the timeliness with which processes relating to EHC needs assessments or plans have been progressed, then effective ways of resolving disagreement are crucial. In the current fast-changing and complex situation, it is particularly important that there are effective ways of resolving such disagreements swiftly, wherever possible using established decision-making mechanisms within the local area. The complaints mechanisms described in Chapter 11 of the SEND Code of Practice are unchanged, although the Local Government and Social Care Ombudsman has temporarily suspended all casework activity. In the first instance, families will often be able to use the local authority’s or health commissioning body’s complaints procedures. Local authorities and health commissioning bodies will need to ensure that these procedures remain effective for the current context. SENDIASS will continue to have a key role to play in supporting families in finding the best way forward. Appeals to the First-tier Tribunal (SEND): no change Rights of appeal to the First-tier Tribunal (SEN and Disability) remain unchanged. HM Courts and Tribunal Service has confirmed that its service will continue during the outbreak and that the tribunal is making efforts to conclude as many appeals as possible, particularly phase transfer reviews. In the same way that local authorities are finding new ways of working remotely, guidance from the tribunal indicates that it will be increasingly using phone, video and other technology to conduct its business during the current period. The tribunal continues to hear cases as now that fall within its remit. These have not been changed. The national trial, which extends the power of the First-tier Tribunal (SEND), is continuing. The trial provides that as part of a special educational appeal, the tribunal will be able to make non-binding recommendations on the health and social care aspects of EHC plans. These recommendations need to be considered in the usual way by the responsible health and social care bodies and, where agreed, included in the final EHC plan. The modified s42 duty will then apply. The Amendment Regulations will temporarily modify current timescales for actions that local authorities and health commissioning bodies must take where the tribunal makes non-binding recommendations in respect of certain types of health and social care matters within an EHC plan. Annually publishing a response to comments on the SEND Local Offer The Amendment Regulations also provide that local authorities can take more than a year to publish their response to comments (from those with SEND and their parents) on their SEND Local Offer if it is not reasonably practicable to meet that deadline for a reason relating to the incidence or transmission of coronavirus (COVID-19). Where such an exception does apply, the local authority must publish the comments as soon as reasonably practicable.' 2. What does this all mean? The best summary I have found is on the CDC (Council for Disabled Children) website entitled: 'Temporary changes to the law on Education, Health and Care needs assessments and plans', which said: 'The government has today announced temporary changes to the law on Education, Health and Care (EHC) needs assessments and plans. This is to give local authorities, health commissioning bodies, education settings and others who contribute to these processes more flexibility in responding to the demands placed on them by coronavirus. The Secretary of State for Education issued a notice under the Coronavirus Act 2020 to modify section 42 of the Children and Families Act 2014 - duty to secure special educational provision and health care provision in accordance with EHC plan. The modification to Section 42 means that: the duty on local authorities or health commissioning bodies to secure or arrange the provision is temporarily modified to: a duty to use ‘reasonable endeavours’ to do so. There will also be changes in the Special Educational Needs and Disabilities Regulations, temporarily amending the statutory timescales for various EHC needs assessment and plan processes. The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 (the ‘Amendment Regulations’) temporarily amends four sets of Regulations that specify timescales that apply to local authorities, health commissioning bodies and others: mainly for various processes relating to EHC needs assessments and plans. It is important to note that this guidance also confirms which key elements of the processes over EHC needs assessments and plans are unchanged. Notably this includes that a local authority must still consider requests for a new EHC needs assessment, must still secure all of the required advice and information in order to be able to issue a plan, and must have regard to the views and wishes of a child, the child’s parent or a young person when carrying out its SEND functions under the Children and Families Act 2014. This non-statutory guidance provides a summary of these legislative changes and sets out the key implications for all who play a part in the processes relating to EHC needs assessments and plans. This is essential reading for parent carers, young people and professionals and practitioners in the education, health and social care and VCS sector.' It is probably too early for me to talk to you yet about what this all really means in practice as I am afraid that I will probably need a little while to asorb everything. However, it is very important for me to point out that these changes are only meant to be temporary... 3. Where can I find further information? There isn't really much more that I can say in this update now. However, as I always like to do at the end of my updates, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Remember also, that there are other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor Here is my update for this week.
In the past few weeks, I have been trying to signpost people to as many resources as possible to help them get through the current Coronavirus lockdown. But in this update, I want to talk to you about some of the things that people are talking about more now than they used to, as well as give you some more links to useful resources/information. I hope that this helps people. 1. What has happened this week? Firstly, I want to talk about the subject which most people involved with children and young people (with or without SEN) are talking about – when will schools reopen... In an article entitled: ‘Coronavirus: Heads say 1 June earliest realistic school opening’, the BBC said: ‘The earliest "realistic" point at which schools in England could start re-opening would be 1 June, head teachers' leader Geoff Barton has said. "We cannot see any realistic way that schools could be re-opened to more pupils before the second half of the summer term," said the ASCL leader. And "planning would need to begin very soon" in order to meet a 1 June target. Schools closed their doors to all except vulnerable children and those of key workers over a month ago. At the weekend, Education Secretary Gavin Williamson said no date was set for returning to school, quashing speculation about an imminent return. The education secretary said if and when five thresholds in the fight against coronavirus were reached, a date could be set for schools to reopen: - the NHS's ability to cope is fully protected - the daily death rate is dropping - infection rates are falling to manageable levels - there are sufficient supplies of testing and protective equipment - there is no risk of a "second peak" of infections It's a safety-first approach, with school leaders backing the reliance on medical advice. Once those requirements have been met, a date could be set for schools to re-open. But it would not be immediate, with schools expecting a further "lead in" time, possibly of weeks, to prepare for a complicated, staged return that allows them to maintain social distancing. Parents would also have to be persuaded it was safe. With such a time frame, starting this half term becomes very unlikely. If opening after half term, it would mean somewhere in the seven weeks between 1 June and the term ending in mid-July. But doubt has been cast on whether social distancing can really be feasible in schools. Katharine Birbalsingh, head of Michaela Community School, in Brent, north London, criticised the "pretence" social distancing might work in schools, with narrow corridors, small classrooms and lots of interactions, particularly between younger children. "Social distancing in schools is simply impossible," she said. "We're considered to be the strictest school in Britain and even we would find it impossible." And there are other questions around safety: - Would children with family members vulnerable because of health conditions return to school? - How many vulnerable staff would need to be shielded? - What protective equipment might be needed for teachers? Earlier this week, a petition from NHS nurse Iain Wilson warned against any early push to re-open schools. "Do not make us the global guinea pigs," he said. "It is self-evidently unwise to force hundreds of people into small rooms in small buildings during a pandemic." If schools are to maintain social distancing, they could not run at full capacity, meaning a phased return, such as starting with a few year groups or pupils rotating between studying at home and school. Mr Barton, general secretary of the Association of School and College Leaders, said it could mean staggering break times and putting a limit on class sizes. Robert Halfon, who chairs the Education Select Committee, said primary schools should be the first back. This would help parents and stop disadvantaged youngsters falling behind at an early stage, the MP said. But Mr Barton said the priority should be Years 10 and 12, who are part-way through GCSEs and A-levels, and Year 6, where children are about to move to secondary school. And Jules White, head of Tanbridge House School, in West Sussex, asked what plans there would be for next summer's exams when so much study time has been lost. Star academy trust chief executive Hamid Patel, meanwhile, said it should be up to each school to decide the order in which its pupils return. There is also a possibility that some pupils will not go back at all this term - or at least for anything like a regular timetable. "We want to be back as soon as it's safe," said National Education Union joint head Kevin Courtney. "But there's a chance that there will be no full re-opening before the end of term. "There's a responsibility to think about what that will mean for children's education." But school leaders have repeatedly talked about the importance of getting pupils back before the school year finishes. And in the meantime, other countries might provide evidence of how a return might work. In France, primary-school pupils will start to go back, in classes of no more than 15, from 11 May. And in the Netherlands, they will go back, on a part-time basis, on the same date, with secondary pupils returning from 1 June. "What is crucial is that schools are able to re-open in a manner which inspires confidence among staff, pupils and parents - and that it is as safe as possible," said Mr Barton.’ --- In a similar article on the Guardian’s website entitled: ‘Older pupils ‘should be first’ when England’s schools reopen’, it said: ‘Headteachers say priority should go to students preparing to sit exams A headteachers’ union is calling for older pupils to return to school first as part of a phased approach to reopening schools in England, amid warnings that students preparing for exams may need to repeat the whole year because of the impact of lost learning. The Association of School and College Leaders (ASCL) said the pupils who have most to gain from getting back to school are those in years 10 and 12 who are in the middle of GCSE and A-level courses, and those in the final year of primary, preparing to move to secondary. The approach contrasts with Denmark, which became the first country in Europe to reopen its schools last week, when under-12s were the first to return. Younger children are less able to study on their own and having them back in school allows parents to return to work. Speculation surrounding when and how schools in England will safely reopen has become increasingly fraught as the lockdown has persisted, with sharp disagreement among ministers and divergent views among teaching unions. ... Pressure to reopen is mounting amid growing concern, particularly for disadvantaged students who will be hardest hit. The former head of Ofsted Sir Michael Wilshaw, speaking on BBC Radio 4’s World at One, warned that some pupils preparing for exams might have lost out so much that they would have to repeat the whole year. Other teaching unions, which are worried about schools having to reopen prematurely because of fears over the economic impact of parents having children at home, have denounced speculation about return dates and focused purely on the public health risks to pupils, school workers and the wider community. The NASUWT wrote to the education secretary, Gavin Williamson, this week setting out five conditions for reopening, including access to personal protective equipment where required, ranging from soap to gloves, aprons and in some cases face masks, as well as guarantees on adequate staffing and physical distancing advice. The NASUWT general secretary, Patrick Roach, also warned that teachers should not be expected to clean. “The NASUWT would not expect teachers to be asked to undertake cleaning tasks or to be expected to undertake them to the necessary standards to protect the health of pupils and the workforce.” The National Education Union, which is the biggest with 450,000 members, has insisted the science should decide when schools reopen. Its petition to delay reopening until safe to do so has gained more than 160,000 signatures. Paul Whiteman, the general secretary of the school leaders’ union NAHT, said: “Schools should only reopen when the scientific evidence is clear that it is safe to do so. Safe for pupils, safe for staff, safe for parents.”’ --- Focusing more on SEN, the BBC website also published an article entitled: ‘Tiny fraction of 'at risk' children attending schools’, which said: ‘Only a tiny fraction of vulnerable children in England are taking up the emergency school places kept open for them, official figures show. This has prompted concerns "at risk" children are facing increased danger in the lockdown, while schools and teachers struggle to get hold of them. New data shows only a maximum of 5% of the most needy children have been at school during the Coronavirus crisis. The Children's Commissioner says social workers should be "knocking on doors". The Department for Education data shows just 29,000 so-called vulnerable children attended school in the week before the Easter holidays. This includes a group of children with greater levels of special educational needs - but many of this larger group may be staying at home with their families for a range of legitimate reasons. However, more than 723,000 children were known to children's social care services in 2019. The figures were described as "utterly shocking" by the Liberal Democrats. But children's minister Vicky Ford said children who were not in school were being monitored by social workers and supported in other ways. 'Substance abuse' Anne Longfield England's Children's Commissioner told the BBC: "What we now know is, what we've been hearing over the last few weeks, that the vast majority of vulnerable children in this country are not attending, despite the fact that schools are open. "What that means is that they are at home, potentially with a cocktail of risks. "They may be in homes with quite fragile environments, potentially domestic violence in the home - which we know is increasing, parents with drug and alcohol addictions or indeed severe mental health conditions. "So often these children are quite invisible at home and not in the place which is best at keeping them safe - school." Ms Longfield said referrals to social services had dropped by half, and she expressed concerns that bored, vulnerable teenagers could be leaving their homes and getting into situations where they would be exploited and groomed by criminals. She called for a clearer message from government, adding that "social workers need to be knocking on doors and everyone needs to be working tirelessly to get these vulnerable children into schools".' … --- There was also an article on the BBC’s website entitled: 'Digital poverty' in schools where few have laptops’, which said: "In our schools, 60% to 70% of children wouldn't have laptops," says Wayne Norrie, head of an academy trust with schools in disadvantaged areas. With schools closed and pupils studying online at home, he says, it is important to recognise the social gap in access to technology. "Coronavirus has revealed the scale of the digital divide," he says. The Department for Education in England has promised laptops will be lent to some poorer teenagers. These will be available to disadvantaged Year 10 pupils without access to a computer, and those with social workers. The scheme, announced last Sunday, for an unspecified number of laptops, is expected to soon start taking bids from local authorities and academy trusts. Mr Norrie, chief executive of Greenwood Academies Trust, with 37 schools in the Midlands and east of England, says many families rely on a single mobile phone for an internet connection, which is "not realistic" for online learning and streaming video lessons. "Many don't have broadband contracts," he says. For instance, he describes a family in Skegness who have a mobile phone shared between parents and three children. The schools have been providing laptops and some families have their own tablet computers - but there are still barriers in terms of parents' IT skills and children having space to study. "Digital poverty" is a significant problem, says Matt Morden, co-head teacher of Surrey Square primary school, in south London. In his school, 24% of pupils are effectively offline, in terms of being able to study from home. Their families might have mobile phones with internet connections - but for those in low-paid, insecure jobs, data is expensive. "If families are struggling, the priority is going to be food, not data," he says. As well as missing out on learning, those without online connections miss "the sense of belonging" from staying in touch with their friends and teachers, Mr Morden says. The lockdown and the closure of schools has "brought the digital divide to the forefront", he says. There has been a new virtual academy launched and the BBC has provided educational resources - but those without internet access or usable computer devices are being left behind. Mr Morden's school has been lending laptops - but for families with several school-age children, one might not be enough. Seb Chapleau, director of the Big Education Conversation charity, says it is "important to understand that this is a deep problem across many schools". Chris Tomlinson, who chairs the trust, says online lessons are "no good if the children don't have the necessary hardware to access the internet". The AET academy trust is providing 9,000 laptops for its 58 schools, one for all pupils on free school meals. The current lockdown has turned technology into an educational necessity rather than a luxury, said the trust's chief executive, Julian Drinkall. Robert Halfon, chair of the education select committee, says too often there are assumptions about access to broadband and up-to-date computers. As an MP, he says he deals with constituents who have to weigh up the cost of data before sending emails or getting information online. He suggests educational programmes could be put on free-to-air television to reach those not online.’ --- But it was not all bad news, as The Guardian also ran a piece entitled: ‘Covid lockdown opening up world for people with disabilities’, which said: ‘While the coronavirus pandemic has led to unprecedented restrictions for billions of people, for many with disabilities, the lockdown has paradoxically opened up the world. As society embraces “virtual” living, disabled people – who for years have missed out due to poor access – are suddenly finding themselves able to take part in work, culture, or socialising from their own home. Nicola Welsh, 43, has always loved going to museums but a painful nerve condition means she’s been housebound for 17 years. As cultural institutions including the National Theatre and the Royal Opera House go online, she’s been able to tour the world visiting museums. “I ‘went’ to the Watts Gallery [in Surrey] and then the Louvre. The Rijks [museum in Amsterdam] had a walkthrough on their Instagram account,” she said. The experience has been profoundly moving. “Having the opportunity to visit virtually has given me back something that I’d resigned myself to not being able to do within my limitations. I hadn’t realised how much I had missed it.” … Even healthcare has opened up; disabled people who have long campaigned to see their doctors virtually, report they are now being offered Skype time with consultants. As well as joy at being offered new opportunities, many feel frustrated that it took the non-disabled world to become house-bound before access was granted. Emma Duke, 21, who has Pots syndrome – which results in an abnormally increased heart rate after sitting up or standing – and neurological problems, has been trying to get remote access to film classes for her degree for the last three years in Los Angeles. She was frequently refused – “I was told it wasn’t ‘feasible’” – but the coronavirus pandemic means her entire university is now online. “I am so torn between being so grateful that I can get my education and […] feeling a bit betrayed that it was possible the whole time,” she said. Rather than “more” opportunities opening up, 30-year-old Tom Staniford in Exeter describes the phenomenon as a levelling of the playing field. “I find it infuriating to see people moaning about reduced mobility, challenges of remote working, fear of illness risk, long periods of isolation – all things many disabled people already endure on a daily basis,” said Staniford, who has the rare MDP syndrome, which leaves him with physical and auditory disabilities. He thinks the lockdown could open up the chance for permanent accessibility. “But my overriding suspicion is it will be a massive missed opportunity.” Turner is more hopeful. “I feel like people are finally understanding the physical barriers disabled people face,” she said. “I’m actually really optimistic good will come out of this.”’ --- But I also need to turn your attention here back to children and young people with SEN, who are considered more ‘vulnerable’ at this time and refer here to an article on the NCB’s (National Children's Bureau’s) website entitled: ‘Coronavirus spotlight: vulnerable children’, which said: ‘For some children, circumstances at home or in their community mean they face greater risks than others. Some, but not all, of these children will be supported by a social worker. The coronavirus crisis is likely to elevate the risks to these children, and services may be less able to respond to their needs. School closures and vulnerable children The closure of schools for most children, while necessary to halt rates of infection, is one reason why some children will be at greater risk. Schools act as crucial sources of safety and support, and act as warning systems for all children, especially those at risk. At a basic level, schools often provide some children with their only hot meals of the day, but they also provide counselling, or just a place where they can feel safe and settled. Schools also act to alert other professionals when things go wrong. The emergency measures put in place by the Government mean many children are not in school, and they no longer benefit from this scaffolding. But even for those children who are able to remain in school, it is not clear that the structures that help them will remain – with significant staffing shortages, and classes of different ages and levels grouped together, the environment will be significantly different.' ... --- Another article on the BBC’s website entitled: ‘The parents in lockdown with violent children’ said: ‘For some parents, being at home with their children means facing threats, abuse and violent outbursts. How can they cope in the isolation of lockdown? Julie found out you could buy large knives on the internet when she witnessed her son brandishing one and slashing the furniture at home. In the past couple of months, she says she has had to call the police twice to their home, most recently as she was barricaded in the bathroom while her son - a young adult - tried to break down the door with a knife. Now the family are living in lockdown together, struggling with isolation, a loss of their support network and a claustrophobic atmosphere that Julie describes as a "tinderbox". She says she believes her son when he told police that he never meant to hurt her, that he just wanted her to know how angry he was. But incidents of intimidation happen two or three times a week, she says. Liam suffered trauma as a child and has learning difficulties which affect memory, emotional regulation and social skills. The family manage his aggressive outbursts with the help of a list of friends and supporters who come round at a moment's notice to help defuse tensions. But these coping techniques are threatened by the social distancing rules. Her husband has to work outside the home, so Julie says if she cannot call on these supporters, "I am very much on my own". It's not known precisely how many parents live with violence from their children. Figures compiled by the BBC last year suggest the number of incidents recorded by police doubled to 14,133 between 2015 and 2018 - but many may go unreported. 'Like living with nitroglycerine' Helen Bonnick, a former social worker and campaigner on the issue, says that international evidence suggests about one in 10 parents may experience some violence from their children, although severe incidents are more rare. Some aggressive children have problems dealing with their emotions, she says, but others are "much more manipulative and controlling, in a way that feels more like adult violence". Lockdown raises the stakes for these families, reinforcing their isolation and underlining the message to parents from violent children "that they can't go out, that they're stuck in here with them, that they can do what they want and no one will know," says Ms Bonnick. "Parents who have experienced intimate partner violence and then child-to-parent violence will often say this feels worse - because it's your own flesh and blood," she says. Neil, who lives in the east of England, says the aggression from his son, Ben, was just "cute" aged four and became worrying when he was eight. Now he is living with a teenager and "suddenly it's quite dangerous" - with Ben increasingly reaching for knives or bottles. Ben is autistic and has moderate learning difficulties as well as ADHD. The disruption to his routine caused by the coronavirus outbreak has sent his stress levels soaring and made angry outbursts more likely, his father says. "He's that much closer to boiling over constantly. It really doesn't take much for him to turn around and explode. It's like living with a bucket of nitroglycerine sometimes," says Neil. A key coping strategy before the lockdown was taking Ben for long drives, which he found calming. Now even that has become loaded with anxiety, as they fear being stopped by the police for making an unnecessary journey. "Life was hard already and Covid is making it harder," Neil says. Peter Jakob, a clinical psychologist who helps people facing this issue, says the isolation and shame that parents already feel is a major challenge in tackling violence from their children. But he says it can still be addressed, even in lockdown. Dr Jakob encourages parents to have a network of supporters who can launch what he calls a "campaign of concern" - where after an incident, a number of people contact the child using messaging or video-chatting apps like WhatsApp or FaceTime. "Most children don't want others in the community to know that they act in violent, aggressive or otherwise destructive ways," he says. If they can no longer "silence their parents" from telling others about their behaviour, they often feel forced to change, he says.' ... 2. What does this all mean? It is now very clear that the Coronavirus lockdown is affecting different sections of people in society in different ways. But it is also important for everyone to remember that we're all in this together and that we need to do as much as we can to support others, particularly parents of and children and young people with SEN, as well as those schools catering for them. 3. Where can I find further information? As I always like to do at the end of my updates, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle This week, I also came across other useful information which you can find here: - The BBC’s Parents' Toolkit: SEND - Contact’s guide for families with disabled children and their helpful podcast for families with disabled children - The CDC (Council for Disabled Children) Guidance and Advice on Coronavirus: Learning Disability and Autism Focus - Scope’s Navigate: emotional support for parents I would also highlight again the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Remember also, that there are other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. by Douglas Silas, specialist SEN solicitor Here is my update for this week.
Judging by what I am reading and hearing over the past week, it seems to have been getting a lot tougher out there for parents of and children/young people with SEN. I therefore want to highlight this week some of the issues and also some people/organisations who are providing useful information. I was also emailed by some parents/people after my update last week, one of whom said: ‘Thank you for your updates, they are proving very useful. It's good to have things in one place and not have to trawl through the vast amounts of information out there, particularly given I rarely know what I should be looking for, let alone where!’ I have therefore provided links again in this update. I hope that this helps people again. 1. What has happened this week? It is firstly useful to remind everyone again about the current situation for ‘vulnerable children’ – a useful summary of which was provided by the National Children’s Bureau (NCB) on its website, entitled: ‘Coronavirus spotlight: vulnerable children’, which states: ‘For some children, circumstances at home or in their community mean they face greater risks than others. Some, but not all, of these children will be supported by a social worker. The coronavirus crisis is likely to elevate the risks to these children, and services may be less able to respond to their needs. School closures and vulnerable children The closure of schools for most children, while necessary to halt rates of infection, is one reason why some children will be at greater risk. Schools act as crucial sources of safety and support, and act as warning systems for all children, especially those at risk. At a basic level, schools often provide some children with their only hot meals of the day, but they also provide counselling, or just a place where they can feel safe and settled. Schools also act to alert other professionals when things go wrong. The emergency measures put in place by the Government mean many children are not in school, and they no longer benefit from this scaffolding. But even for those children who are able to remain in school, it is not clear that the structures that help them will remain – with significant staffing shortages, and classes of different ages and levels grouped together, the environment will be significantly different.’ --- You can also find useful information about what is happening generally on IPSEA’s webpage entitled: ‘IPSEA update on COVID-19, school closures and SEN provision’, which is well worth a read. --- In terms of things getting tougher, there was an article written by a parent in The Guardian entitled: ‘'We're on our own': how the pandemic isolates families of disabled children’, which said: ‘Families of children with special educational needs and disabilities are a resilient and resourceful group of people. Many of the qualities required to endure the coronavirus pandemic – vigilance, self-containment and mutual aid – are basic skill sets to parent carers. Whether at school, work or in community life, we are past masters at social distancing and social isolation. Our families have poorer physical and mental health than most. We earn less, have higher household costs, are more isolated, and break up and break down more. Somehow, perhaps because we have no choice, we manage to endure. Ours is also a vulnerable group – not just to the virus itself, but to the social and economic consequences of the pandemic. Little has been said by government or the national media about the very complex needs of our families during this crisis; no answers yet for a parent-carer like Debbie Taylor, an NHS psychotherapist and key worker who cannot send her daughter, Sarah, to school as she has tuberous sclerosis and is prone to chest infections. The pressure on the NHS also means Sarah’s annual MRI scan, to check that tumours on her major organs have not grown, has been cancelled. Meanwhile, Debbie works and juggles caring for Sarah over an 18-hour day. “I am exhausted, there is no let up,” she says. “Normal coping strategies or self-care mechanisms are all gone. All our support systems were already unravelling. There is no plan B. We are now on our own.”’ --- There was also a piece on Autism Eye’s website entitled: ‘We Can’t Get Food We Need, Say Parents’, which said: ‘Families of autistic children are struggling to get food from supermarkets amid the coronavirus pandemic. Parents say their children live on restricted diets and shops are being stripped bare of the foods they eat. Some supermarkets, including Tesco and Sainsbury’s, have set aside periods when the elderly and vulnerable can shop. Impossible to register But Beth Morrison, who runs Positive and Active Behaviour Support Scotland(PABSS), says she has found it impossible to register as “vulnerable” with Sainsbury’s. Morrison is self-isolating with husband Peter, 57. Peter had a heart attack three weeks ago and has had a pacemaker and defibrillator fitted. The couple’s son, Calum, and daughter, Paige, are also self-isolating. Calum, 21, has epilepsy, cerebral palsy, autism and a learning disability. Not been able to book a delivery Morrison, 54, from Monifieth, in Angus, gets much of Calum’s diet from Morrison’s. However, she has not been able to book a delivery online. She said Calum eats only chicken or sausages from Sainsbury’s or Marks & Spencer. “He is so sensitive with food — sensory issues with food. He can actually tell the difference just by smelling the chicken,” she said. Morrison has relied on Calum’s support workers to go shopping. Son will only eat certain brands Anna Champion, 39, from Chippenham, said her son Ben, 12, who has autism and a learning disability, will also only eat certain brands. She wrote on Autism Eye’s Facebook page: “I don’t know what to do. He is eating virtually nothing as I can’t get what he likes.” A spokesperson for Tesco confirmed that families of children and adults with autism can use the store during slots set aside for vulnerable groups. Families will not be asked for proof, added the spokesperson.’ --- One of the most notable things this week was the relaxing of the rules on lockdown exercise for some children/young people with SEN, which was summarised on Contact’s website in an article entitled: ‘Government clarifies exercise guidance for people with health needs’, which said: ‘The government has clarified social distancing guidance for people whose disability or health need requires them to exercise more than once a day. Ordinarily, people are advised that they may leave the house for exercise only once a day, for example to take a run or go for a cycle. This should be within the local area only, to minimise the risk of spreading the virus. However, if your child has a health need or disability that means they need to exercise more than once a day, it is fine to do so. Similarly, if your child has to take a specific form of exercise beyond the local area, it's ok for you to take them there. This might be, for example, if your child has autism or learning disabilities. The government advises that such exercise would ideally be in line with a care plan. And of course, it is still important to follow other social distancing rules such as keeping 2m away from other people.’ --- There was also an interesting article by barristers, Steve Broach and Alice Irving, (which you can find on the Special Needs Jungle’s website) entitled: ‘Why the Coronavirus lockdown adjustment for people with disabilities and mental health conditions was the right thing to do’, which said: ‘Changes to lockdown policy for disabled people and those with mental health conditions A recent example involves two families with autistic children (the claimants), working with lawyers (Bindmans LLP and Steve Broach at 39 Essex Chambers, one of the authors of this article), to secure a change to the government policy that people should only leave their homes once a day for exercise. The policy was amended to allow people with a specific health condition to exercise more often, or to travel away from their home to exercise, if it is necessary for them to do so. This is an important change in the policy. Adherence to lockdown and social distancing rules is essential to ensuring we, as a country and community, come through this crisis. However, while it is hard for all of us to abide by these rules, they do not impact on all people equally. Seeking recognition of this is not a case of disabled people using an excuse to avoid adherence to lockdown requirements. It is a recognition that, for some people, not being able to go outside more than once a day is not merely unpleasant but has a potentially significant impact on their health and wellbeing. This is clearly illustrated in this statement from a parent of one of the claimants: “Over the last couple of years, our autistic son has made huge strides self-managing his sensory, communication and health difficulties and asking for what he needs in order to be able to cope with them. These include long walks in the countryside, which he finds very relaxing and pleasurable from a sensory point of view, and being taken for drives in the car while listening to music with his dad. "So when the lockdown was announced, we were worried that being limited to one outing a day in the local area would make it impossible for our son to deal with the situation and that this could lead to severe meltdowns. Having the guidelines clarified by the government has lifted a huge weight from our shoulders, and as a result, our son has been managing well with the limitations of the lockdown while maintaining social distancing.” While the main guidance still states that you should only leave the house for “one form of exercise a day” a new section was added entitled “Can I exercise more than once a day if I need to due to a significant health condition?” It is worth setting out this new section in full: “You can leave your home for medical need. If you (or a person in your care) have a specific health condition that requires you to leave the home to maintain your health – including if that involves travel beyond your local area – then you can do so. This could, for example, include where individuals with learning disability or autism require specific exercise in an open space two or three times each day – ideally in line with a care plan agreed with a medical professional. "Even in such cases, in order to reduce the spread of infection and protect those exercising, travel outside of the home should be limited, as close to your local area as possible, and you should remain at least two metres apart from anyone who is not a member of your household or a carer at all times.” Conclusion The way that the guidance was changed shows that disabled people and their families are not powerless, when a new policy rushed through by the government in response to the public health crisis fails to adequately consider their rights and needs. In this instance, two families with disabled children, working with lawyers, brought about meaningful and important change to a government policy. This will benefit disabled people nationwide. Lawyers are continuing to partner with disabled people and their families, to safeguard the rights of disabled people in these difficult times.’ There was also help on ‘Supporting siblings’ (again on Contact’s website), which said: Parents often talk to us about the importance of siblings and the difficulties that can arise for the siblings of a disabled child. These challenges rarely stop the relationship siblings have with their disabled brother or sister being one of the most important in their lives. Below we highlight some of the issues that may crop up for siblings of a disabled child and give tips to respond to them. Limited time and attention from parents · Every so often put the needs of siblings first and let them choose what to do. · Decide on certain times you'll dedicate to siblings individually, for example bedtime or day trips once a month. · Try to find activities that the family can enjoy together, but also other activities to enjoy separately so each child has something special. · Try to arrange short term care so you can attend important events with siblings, like sports day. · Sometimes take your disabled child along to their sibling's event: siblings supporting each other works both ways. Confusion about their sibling's disability · Learn to recognise behaviour that expresses anger or frustration at their disabled sibling. · Talk to your children about disability so they know that no one is to blame for their brother or sister's difficulties. · Encourage them to see the similarities they have with their sibling. Draw pictures of each family member and look at their strengths and weaknesses. · Meet other families who have a disabled child so your other children see that disability is an everyday part of life and not unique to their family. Worry about bringing friends home · Talk with your child about how they might explain their brother or sister's disability to a friend. · Encourage but don't expect siblings to always include the disabled child in their play or activities. · Let them retreat to their bedroom, and when they're older you can think about letting lock the door. · Acknowledge siblings' negative feelings about their brother or sister and talk about the feelings of guilt they may feel. Explain that everyone gets angry with other family members sometimes. Stressful situations at home · Encourage siblings to develop their own social lives. · Some siblings find it helpful to meet other young carers to share difficult emotions in a supportive environment. There are young carers support organisations across the UK. · Some siblings may prefer to talk to someone outside of the family. Your GP may be able to recommend a suitable counsellor, or you can visit the Counselling Directory website. Sibling tips from other parents We asked some parents what advice they'd pass onto others, and this is what they said. · Don't get down about sibling troubles - your children can gain and learn from difficult experiences. · Join a parent support group - they really help. · Tell the child's school if they're having trouble adapting to having a disabled sibling. · Keep the siblings informed about their brother or sister's disability. · Allow children to speak their mind, even if you're not always comfortable with what they say. · Don't put pressure on your non-disabled children - it might take them time to fully understand the situation.’ --- In educational news, there was a nice article by The Guardian entitled: ‘Read my lips: how lockdown TV could boost ch, which said: ‘Research shows that turning on TV subtitles boosts kids’ reading ages, particularly among primary school children. An urgent call is to go out to children’s television broadcasters this weekend, backed by major names in British entertainment, politics and technology. Writer and performer Stephen Fry, best-selling author Cressida Cowell and businesswoman Martha Lane Fox are joined by former children’s television presenter Floella Benjamin as signatories to a letter, carried in today’s Observer, that urges all leading streaming, network and terrestrial children’s channels to make one simple change to boost literacy among the young: turn on the subtitles. If English-language subtitles were to be run along the bottom of the screen for all programming, they argue, reading levels across the country would automatically rise. Longstanding international academic research projects prove, they say, that spelling, grammar and vocabulary would all be enhanced, even if children watching TV are not aware they are learning. The campaign aims to improve reading ability across the English-speaking world and has won backing from former President Bill Clinton, who said: “Same-language subtitling doubles the number of functional readers among primary school children. It’s a small thing that has a staggering impact on people’s lives.” It’s a simple change that will make the world of difference to millions of young people The drive is being run by a campaign group called Tots, or Turn On The Subtitles, and launches this week. The open letter to broadcasters from the organisation, founded by old friends and entrepreneurs Henry Warren and Oli Barrett, draws attention to the benefits of featuring same-language subtitles as a default on programming aimed at children across the world - almost a billion of whom are now being educated inside their own homes. The campaign is aimed at broadcasters and online platforms, and names Sky, Netflix, Amazon Prime, YouTube Kids, ITV and the BBC, many of whom have shown interest in the idea. Campaigners are pushing for this change to be made at a moment of maximum benefit. “This needs to be done as a matter of urgency. This simple change will make the world of difference to millions of young people at this extremely challenging time,” reads the letter. Warren, a businessman who has specialised in education technology, said he aims to raise awareness of the issue among parents as well as broadcasters. The plan is to start with video-on-demand content now, and then move on to converting all children’s programming. “It starts helping as soon as a child can decode basic phonemes,” said Warren. “But the real benefit is when a child is a sufficiently competent reader that it is done subconsciously.” Parents would be able to turn off the subtitles if they wished, or change them to another language. And if broadcasters prove slow to respond to the renewed pressure, Warren hopes parents will hear the message. “To be blunt, though, even the best awareness-raising often fails to reach the families that need it most.” It is an intervention, Warren adds, is not supposed to replace home reading, merely to supplement it. Researchers using eye-tracking software have shown that children follow subtitles on screens. While many broadcasters have engaged with Tots in recent months, and most have few technical obstacles to surmount, final editorial approval for the plan has been difficult to get. A Dutch study of eye-tracking during television viewing found in 1991 that the subtitles drew the eyes of viewers for a considerable time. A previous study also found that action-oriented cartoons, such as Popeye, did sometimes draw children’s eyes away from the text below, but not in more verbally dense shows, such as The Garfield Show. And two years ago, PlanetRead, a literacy charity based in Canada, America and India, carried out research in rural Rajasthan, India, which involved showing children animated stories. One group of struggling readers watched with subtitles and one without. The overwhelming majority of children, 94 per cent, were found to have engaged with the subtitles, especially in the simpler shows when words appeared at a rate of around 81 a minute.’ 2. What does this all mean? As I have already said, things are now getting tougher out there and I am sure that this is just going to increase as the weeks go by. However, as I have also referred to above, it is still possible to be creative and assertive sometimes. Although I know that some schools will go back again next week after the Easter break, I also know that the difficulties I have highlighted above here and in past updates will still continue for many parents and children/young people who are home-schooling now. 3. Where can I find further information? I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle However, I also came across other useful information this week, in particular on Contact’s website here: - ‘Important information about Covid-19 coronavirus for families with disabled children’ - ‘Coronavirus Covid-19 and families with disabled children’ - ‘Find other families like yours. Chat. Ask. Share. Support’. I would also highlight the fact that you can now get digital copies of the magazines: SEN Magazine and Autism Eye which are both very helpful to any parents or professionals involved with children/young people with SEN. Remember also, that there are also other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk.
by Douglas Silas, specialist SEN solicitor
Following the very welcome reception that I received last week to my update, in particular to my sharing resources available, I am going to concentrate in my update this week with bringing you other information/resources that I have found on the web this week.
I hope that this helps people again. 1. What has happened this week? Although children and young people are now officially on their Easter holidays, I know that many people who are home-schooling recently have found it quite difficult to engage their children (both with SEN and without SEN) in learning, especially if they have also been trying to work at home. There has been a bit more of a flurry of activity in the last week on the web, as many people have probably by now realised that the significant impact of the Covid-19/coronavirus situation is probably going to be here to stay for some time. Although there have been a lot of educational resources provided for children who are doing online learning, as well as lots of other useful information being provided by many people/organisations, I have tried in this week's update to boil the information below down to only those which I think are of more significant help to as many people as possible. This does not mean though that there are not other good resources out there, but I may not yet have come across these. (If you have found something else that you think will benefit others, please do let me know, so that I can tell others). I have tried to separate the below into four kinds of information, as follows: • Government information • Financial information • Educational resources • Legal information Government information The first thing that I want to highlight is current Government guidance: • First again, there is the "Coronavirus (Covid-19) Guidance on Vulnerable Children and Young People”, which you can find here. • There is also the "Guidance for Parents and Carers for Supporting Children and Young People's Mental Health and Well-being during the Coronavirus (Covid-19) Outbreak”, which you will find here. • Then there is the revised “Guidance on the Coronavirus Job Retention Scheme” which now points out those people unable to work due to caring responsibilities, can now be furloughed by their employer (which came out on 6/4/2020), which you can find about on Contact’s website here and on the Government’s website here. Financial information • There is also now clarification that are free school meal vouchers will continue for the Easter holidays, more details of which you can read about on the BBC’s website here). • There is also the fact that the Government has announced a hardship fund to provide Council Tax support to vulnerable people in households affected most by coronavirus, more details of which you find on Scope’s website here and on the Government’s website here. • In addition, there is a lovely roundup of resources currently available for people on the Disabled Children's Partnership "Coronavirus Help and Support” page on Scope’s website, which you can find here. Educational resources • In terms of educational resources, the Government has also now provided support for schools and parents with educational resources that will help children learn at home, which you can find here. • There is also a nice round up of resources that are available both educationally and generally on the Special Needs Jungle website, which you can find here. S • There is also a nice update on "Ways to keep your kids entertained during lockdown" that appears on the Scope website, which you will find here. (In addition, there are a number of websites offering educational resources, which you can find under the Twitter feed "#homelearning”). Legal information • In terms of what is happening on the law concerning SEN generally, you may benefit from the webinar presentation produced by the team at 39 Essex Chambers, which you will find on their website here. • There are also helpful articles answering questions about the Coronavirus Act 2020 and the legal duties of local authorities, education institutions and childcare providers towards children with SEN and disabilities on the Irwin Mitchell website, which you can find here. • There is also free access now to individual Chapters of “Disabled children: A legal handbook" which is in its third edition now and is written by Steve Broach and Luke Clements, which you can find on the Council for Disabled Children's website here. 2. What does this all mean? Whilst this should feel helpful theoretically, there is always a practical difficulty when you are faced with a number of different bits of information or resources, as to whether it is really helpful to you, or whether it actually just overwhelms you! The trick that I have found personally over the years, is to initially look at everything and triage it according to its benefit and importance. You then need to make a personal decision about whether that information is really useful to you or not (or whether it is also worth sending to somebody else if you don’t need it, in case it may actually benefit them, even though it may not benefit you). The worst thing that you can do though is to open up all of the above links/resources and then leave them there waiting for you to return to them at a later time. The more time that then goes by will only increase your anxiety over it. What I have found with these kind of things (and in life generally) is that it is always better to deal with something at the time, rather than leaving it until later to return to, to look at it properly. As people often say, you may actually never get the time to look at it properly. This is especially if you are now trying to work at home with children running about who need to be entertained! 3. Where can I find further information? Personally I often find it find more helpful to watch a video to help explain things to me if I am able to, rather than just reading text, which is sometimes more difficult to decipher. Finally, I would again remind you of the very useful resources and information provided on the following websites: - IPSEA - Council for Disabled Children - Contact - Scope - Special Needs Jungle Remember also, that there are also other videos on this website, especially the one at the top of this page which explains the coronavirus and its effect clearly to children. Keep safe until next week. With best wishes Douglas P.S I understand that there are a number of educational or other useful resources now on the web - I would be very grateful if you could let me know of any that people are finding useful, so that I can direct others to them. P.P.S. I also want to highlight again the fact that there are currently a lot of scams out there, both online and through texts/WhatsApps. Please be extremely careful and help yourself and others not to become victims. You can learn more at: www.FriendsAgainstScams.org.uk. |
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