If my child has an Education and Health Care Plan, do Local Authorities still have a legal duty to deliver that provision during the coronavirus (Covid-19)?

The Coronavirus Act 2020 has temporarily changed the absolute duty to make the provision set out in an EHC plan, to a ‘reasonable endeavours’ duty. This means that during this period, Local Authorities need to do whatever they reasonably can to put provision in place, but if they cannot do so they would not necessarily be breaching the law. Local Authorities are expected to do everything they can to meet provision.

The regularity, quantity and depth of QTVI and Habilitation input should continue for each child or young person as outlined in their EHCP or SEN Support plan (or alternative planning document in Scotland, Wales and Ireland). If face-to-face provision is not possible, remote, distanced or online alternatives should be considered in order to maintain specialist intervention to support the child’s learning and progress.

For further information:

Information on meeting the needs of children with a visual impairment as schools re open can be found on the National Sensory Impairment website.

IPSEA have a question and answer section on their web page relating to EHC Plans and other education queries.

Special Needs Jungle have also produced an ebook that covers Coronavirus and Special Educational Needs and Disability law

RNIB

RNIB's Children, Young People and Families (CYPF) team remain available to support you with advice and information. Contact them by calling 0303 123 9999 or email them at [email protected].

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