COVID-19: Important information and FAQs

The general principle is that children should be at home if it is safe for them to do so. Whilst schools are required to be open for vulnerable children, it is not a ‘requirement’ that all children and young people with Education, Health and Care plans attend school during the period of closure.

Section 1.10 of the government guidance for families is clear that decisions should be made locally based on risk assessments of health and safeguarding. The guidance is now clear that some children will be safer at school (or in their usual educational setting) whilst others will be safer at home. Schools, LAs and colleges are advised to make this decision on a case-by-case basis.

For some children (for example those with SEMH or with autism), the significant change of routine or setting may mean that it is more appropriate for them to be at home than in school. Again, these decisions should be made by those who know the children best and are well placed to assess the competing risks.

The government is making plans (in partnership with LAs) for alternative transport arrangements for children to attend the best educational setting for them if they are attending school (section 1.7 of the government guidance for families). We read this as being the arrangements will be made and funded as required.

The closest analogies here are hospitals and GP surgeries. In hospitals, steps have been taken to reduce the risks, but some risks remain as there is sometimes no other way to provide key services. In GP surgeries, many appointments are now being delivered online or using the telephone. Ultimately, the level of risk must be assessed for all concerned and decisions made on that basis. There may not be any risk-free option. Boards of Governors may choose to close a school if they believe that is the safest option for staff and pupils. However, this may change if legislation changes.

Find out more about the SEND Risk Assessment Guidance

The emergency legislation (Coronavirus Bill) will ‘relax’ the Children and Families Act in relation to ‘named schools’ on Education, Health and Care plans (EHCP), but in general the legal protections around the nature and level of provision remain. 

Those delivering EHCP provision will be required to use their reasonable endeavours to do so. Meeting the letter of existing EHCPs may be difficult in the current context, however those involved in meeting the needs of pupils with EHCPs in their settings should maintain the spirit of individual EHCPs to the greatest extent practicable in these uniquely challenging circumstances. 

Schedule 16 of the bill would give DfE powers to change the legal protection in relation to the nature and level of provision delivered via an EHCP Plan (Section 42, Children and Families Act 2014) on a rolling monthly basis. The bill gives DfE the power to disapply the requirement for local authorities to review the plan at least annually under Section 44(1) Children and Families Act 2014. 

Disabled children remain protected by the Equality Act and Public Sector Equality Duty. 

The full list of ‘key workers’ as determined by government can be found here. For schools, the list of key workers includes teaching staff and any specialist education professionals required for schools to remain open and operational. We understand this to be interpreted broadly and to include support staff, therapeutic staff  and any other required operational staff.

In theory, nothing has changed in terms of the requirement for annual reviews to be undertaken. Depending upon the availability of families and the various professionals, it may be possible for annual reviews to go ahead using online meeting technology. Pragmatically, it may make sense for all parties involved to agree a revised timeline for the annual review.

It is also worth noting that the statutory requirements around ‘requests to assess’ including the 20-week turn-around time remain in place.

Staff should be aware of the visible symptoms of Covid-19 and should follow the government guidance in relation to hygiene and, if required, self-isolation. Providing services in these circumstances may depend on the willingness of staff to come to work. As leaders, we can reduce the risk as much as possible, but we cannot eliminate the risk altogether. Ultimately, it is about balancing competing risks to make decisions about whether it is safer for children (and therefore staff) to be at school together or at home with their families in self-isolation.

The Government has indicated that it that some staff will need to be relocated to work in other schools over the coming period as staffing and attendance patterns change, including into special schools.

It will be important to brief all new staff on the policies, practices and equipment within the school to meet the needs of pupils with SEND, as well as to provide clear and up to date information about individual children. At times this is likely to require providing training and supervising tasks, for example when supporting a child with medical needs, which will need to be factored into resource plans.

In this context communication between school leaders, professionals, families and the Local Authority will be key to ensure that any such staffing changes are implemented in a safe manner.

A common misunderstanding is that children with EHC plans have an ‘entitlement to access school’ during the period of closure. The practical reality is somewhat more nuanced than this. Pupils with EHC plans are able to access childcare at school, but should only be doing so if:

a) risk assessment suggests they would be safer in school, or

b) they are the children of key workers, and it is not possible for them to be kept at home.

It is worth noting that the provision available from schools during the period of closure is primarily focused on childcare rather than education. This childcare facility should not be used for any child who could safely stay at home, regardless of whether they have an EHC plan or not. Indeed, we would expect that most families would not want to increase the level of risk to their child by sending them into school.  

In relation to refusing access to school, if it is the view of the Headteacher that having a particular child in school significantly increases the risk to them or others (staff or pupils), and there is a reasonable alternative (such as staying at home), then it seems appropriate for schools to take the necessary action to keep children safe.

Find out more about the SEND Risk Assessment Guidance

Further information on school closures is available here.

With the general principle being that children, including those with EHCPs, should be at home if it is safe for them to do so, the Government guidance on any risk assessment required, is that it takes into account:

• the potential health risks to the individual from COVID-19, bearing in mind any underlying health conditions. This must be on an individual basis with advice from an appropriate health professional where required
• the risk to the individual if some or all elements of their EHC plan cannot be delivered at all, and the risk if they cannot be delivered in the normal manner or in the usual setting
• the ability of the individual’s parents or home to ensure their health and care needs can be met safely
• the potential impact to the individual’s wellbeing of changes to routine or the way in which provision is delivered.

Conducting this risk assessment would mean a joint discussion between school, the child’s parents and the LA and would always be focused around the best interests of the child, with the primary focus being on their safety at this time.

Risk assessment is not fixed; it is inevitably impacted by any changes in circumstances, such as staffing or environment and so will require ongoing consideration.

Find out more about the SEND Risk Assessment Guidance