Decision

Modification notice: education, health and care plans legislation changes

Secretary of State for Education issues a third notice to modify the duty relating to education, health and care (EHC) plans during the coronavirus (COVID-19) outbreak.

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Details

On 28 April 2020, the Secretary of State for Education issued a notice modifying section 42 of the Children and Families Act 2014 (the duty to secure special educational provision and health care provision in accordance with EHC plan). The specified time period of that notice was 1 May to 31 May 2020. A second notice was issued on 28 May 2020 with a specified time period from 1 June to 30 June 2020.

The Secretary of State for Education has now issued a third notice with the same effect as the previous notices.

This notice will be relevant to:

  • local authorities
  • health commissioning bodies
  • schools, colleges, early years settings and other education settings
  • children and young people with EHC plans
  • parents
  • others involved in the EHC plan process

It will modify the duty on local authorities to secure special educational provision and on health commissioning bodies to arrange health care provision in accordance with EHC plans, so that they can discharge this by using their ‘reasonable endeavours’.

The new notice applies from 1 July 2020 to 31 July 2020.

Under the Coronavirus Act 2020, the Secretary of State for Education can issue notices to temporarily remove or relax statutory requirements where this is an appropriate and proportionate action relating to the incidence or transmission of coronavirus (COVID-19).

Published 30 April 2020
Last updated 29 June 2020 + show all updates
  1. Added a third notice for July 2020.

  2. Added a second notice for June 2020.

  3. First published.