11. MCC Processes - Children with Special Educational Needs (SEND)
11.1 Under Sections 7 and 19 of the Education Act 1996, parents have the right to educate their children, including children with SEND, at home. EHE must be suitable for the child’s age, ability, aptitude and SEND.
11.2 The EHE Team includes a specialist officer who is responsible for the assessments of suitability of EHE for children with EHCPs and for signposting parents to appropriate resources. Where EHE is suitable, this officer works closely with the EHCP Team to carry out the statutory annual EHCP Review meetings with families as well as the annual engagement visits. Where EHE is not suitable, the EHCP Team will liaise with the family to offer an appropriate educational placement.
11.3 Parents have the right to request an EHC assessment, but should be aware that the LA does not have a duty to agree to all requests. There is more information on the Local Offer on our website or from the SENDIASS Service.
11.4 In cases where the EHCP is maintained, the LA has a statutory duty to review it annually to provide assurance that the provision set out in it continues to be appropriate and the child’s SEND continue to be met. See 11.3 above. The LA may name the type of school that would be suitable for the child, but state that the parents have made their own arrangements under Section 7 of the Education Act 1996.
11.5 Parents will be invited to the Review by the LA EHE Team officer, together with representatives from other relevant agencies/teams eg Health and Social Care and specialist teams such as the Sensory Service. Any amendments will be confirmed in writing within 20 working days of the meeting and parents informed of their right to appeal.
11.6 If the LA decides to maintain an EHCP, it would be expected that this would cease when the child reaches the end of compulsory school age (the of Year 11).
11.7 The LA will not assume that because the provision being made by parents is different from that which was being made or would have been made in school, that the provision is necessarily unsuitable. However, in some cases, the LA may conclude that elective home education does not meet the child’s SEND. The processes in Section 10 above will then be followed.