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. |
Archive
March 2022
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