The legal framework surrounding the statutory duties of the Local Authority for education of children with SEND is complex, with reference to many pieces of legislation including the Children and Families Act 2014, the Health and Social Care Act 2012 and the Equality Act 2010 to name a few. This is a lot to consider before taking into account the Code of Practice which, while it seeks to put the legislation in digestible format, is complex in itself and can be overwhelming for parents and carers when seeking a resolution.
While it is not always helpful of a legal adviser to state legislation as our role is to interpret the law and rules for you, there is one provision which is always worth reciting to Local Authorities to remind them of their duties. Pursuant to Section 19 of the Children and Families Act 2014 a Local Authority in England must have regard to help a child or young person achieve the best possible education and other outcomes.
Families involved in discussion and disputes with the Local Authority may find it useful to remind all parties of this however should more tailored guidance be required, please do not hesitate to contact Chloe May or Irine Joseph on 01604 887455.
