SEND updates and advice: Navigating the new school year

EHCP
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September has drawn to a close, and the transition back to school and routine after the summer break is well underway. Returning to school brings challenges for many families, particularly those navigating the world of Special Educational Needs and Disabilities (SEND). This time of year involves change and adjustment, presenting unique difficulties but also opportunities for progress.

Key SEND updates

EHCP extensions and cease notices
Local Authorities have increasingly issued cease notices for Education, Health and Care Plans (EHCPs) for young people aged over 19. It is important to remember that an EHCP does not automatically end at 19. Plans can continue up to the age of 25, provided the young person remains in education or training and has outstanding outcomes to achieve.

SEND Tribunal backlogs
The SEND Tribunal continues to experience significant delays, with some hearings now scheduled well into 2026. Families are encouraged to prepare early, ensuring robust evidence is gathered and submitted to support their cases.

Ofsted/CQC SEND Area and EHCP reviews
New inspections are now taking place under a revised framework. Early reports indicate that many Local Authorities are still failing to meet their statutory duties, underscoring ongoing challenges in the system.

When reviewing a draft or final EHCP this term, it is important to pay close attention to Section F. Check whether each provision is specific about who will deliver it, what exactly will be provided, how often, and for how long. Ensure that the support is properly quantified, for example with clear hours or frequency, and that it corresponds directly to the needs identified in Section B.

If the provision is vague or inconsistent, there may be grounds to request changes or to challenge the plan.

How we can help you

With term time well and truly underway, we hope this advice will support families throughout the school year as they navigate the SEND system. In conclusion, it is vital for families to remember that EHCPs do not automatically end at 19. They can continue until the age of 25, provided the young person is still in education or training and has outstanding outcomes to achieve. With SEND Tribunal backlogs causing significant delays and new Ofsted/CQC inspections highlighting ongoing challenges, staying informed and proactive is essential.

At Enable Law, we are committed to supporting families to secure the education and support their children are entitled to throughout this evolving SEND landscape.

Our specialised education team has decades of experience helping families secure and maintain the right education provision for their child/young person. To speak with a member of our education team and have an initial free discussion about your concerns and how we can help call us on 0800 044 8488 or fill in our contact form.

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