Emergency changes to EHC plans extended for second time
Fiona Simpson
Tuesday, June 30, 2020
Education Secretary Gavin Williamson has extended the relaxation of local authorities’ duties to provide children with support listed on education health and care (EHC) plans.
In May, the Department for Education used the Coronavirus Act to grant local authorities and relevant health bodies “flexibility” in providing support stated on EHC plans in an emergency change to legislation.
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The amendment states that a council or relevant health body may “discharge” requests to provide support specified on a child’s EHC plan if they have used “reasonable endeavours” to do so.
Ordinarily, a local authority or health body would be required by law to provide the specified support.
The emergency change to legislation, which was introduced on 1 May and was initially due to expire on 31 May but was extended on 29 May to run throughout June. It has now published a second "modification notice" meaning the changes will expire on 31 July.
The notice of modification, signed by Williamson states that DfE accepts the changes “will have some negative impact for children and young people with EHC plans”.
It adds that allowing support named on children’s EHC plans not to be provided “may also make it impossible or hinder an effective transition back to their education setting for those who have been at home”.
However, the notice states that such impacts on children and young people are “proportionate” because:
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The modification allows local authorities and health commissioning bodies to adapt to the changing situation in their specific area, based on the nature and demands of the coronavirus outbreak locally, workforce capacity and skills, and the needs of each individual with an EHC plan.
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The modification enables local authorities and health commissioning bodies to arrange reasonable alternatives to the usual service during the coronavirus outbreak, such as by delivering therapies remotely.
The government also used secondary legislation to relax timescales around the implementation of new EHC plans and timescales relating to tribunals against local authorities not providing named support before the pandemic. These emergency changes are due to expire on 25 September.
Despite the negative impact of the changes on vulnerable children, Williamson has previously hinted that changes could be made permanent.
When asked by cross-party MPs on the education select committee what “lessons” the DfE would be taking from challenges faced during the pandemic, he said: “By moving them [EHC plans and tribunals] online we’re actually getting through the backlog of tribunal appeals much more rapidly than actually being there in person.
“We are now looking at, can this be something that we learn from and actually start looking at how we can implement it?”