SEND and the legal position of LEAs


A week last Monday I attended a training day on the legal requirements of SEND hosted by NAHT in Manchester and delivered by Rona Tutt, former President, and Jane McConnell, barrister and founder of IPSEA, the charity which trains LEAs and gives legal advice to parents.

Following the training I had a conversation with a manager at our highest echelons of LEA and was asked to put the information in an email. I reproduce this below in full:

Hello A……!

Please find email re EP visits as requested!

Last Monday I attended training……..covering the legal aspects underpinning the new Code of Practice and the provision of EHC Plans.

The message was very clear; namely there is no legal requirement to provide an EP (educational psychologist) report in support of a request for an EHC Plan. The legal test s.36(8) states that….

‘The LA must secure an EHC needs assessment for…

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