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Modified duties on LAs around EHC plan provision expires today

Covid-19

The DfE have today published a minor update to their document ‘Changes to the law on education, health and care needs assessments and plans due to coronavirus.

This update reflects the fact that the notice modifying the duty on local authorities to secure or arrange the special educational and health care provision specified in children and young people’s EHC plans will expire today. 

This follows the Secretary of State’s announcement on 2 July that, unless the evidence changes, the Government will not be issuing further national notices to modify this duty, with their focus increasingly on supporting local authorities, health commissioning bodies and education settings as they work towards full provision being restored for all children and young people with EHC plans. 

The Regulations that were made to provide additional flexibility over the statutory timescales for various EHC needs assessment and plan processes remain in force and currently last until 25 September 2020.  We are expecting Ministers to decide next month how long the Regulations should remain in force.