A summary of the latest changes for education providers
Our last education update came at the end of March following the implementation of the Coronavirus Act 2020. The Act set out all of the things that could happen for local authorities and schools but didn’t go so far as to actually do it. 1 May 2020 has changed all of that.
We’ve set out below a brief summary of how things currently stand in the education-sphere:
- The absolute duty on local authorities to secure the special educational provision set out in Education, Health and Care Plans (“EHCPs”) has been amended so that the duty is now only one of “reasonable endeavours” (this is currently only in place until the end of May 2020 but it could well be extended).
- Annual Reviews of EHCPs must still go ahead but the statutory timescales that ordinarily exist have been removed so that they must take place “as soon as reasonably practicable” (this amendment is in place until 25 September 2020).
- Education, Health and Care Needs Assessments must still go ahead but, again, the statutory timescales have changed so that they must take place “as soon as reasonably practicable” (this amendment is in place until 25 September 2020).
- It is important to note that the duty for schools to ‘admit’ pupils (or probably, more accurately, ‘have them on roll’), where they are named in a child’s EHCP, remains in force.
- Revised pupil registration rules have clarified that where a school is temporarily providing education for a child who normally attends another school, they do not need to treat that child as a pupil and therefore, register them on the school roll (this is only in place until the end of May 2020 but we would be very surprised if it is not extended).
This is a very brief summary but we hope it goes some way towards clarifying recent changes for education providers.
GET IN TOUCH
If your school needs legal support with any issues arising from COVID-19, please get in touch with Laura Thompson.
All information in this document is accurate at the time of writing. It is meant for general information only and is not legal advice.