Clarity sought on relaxation of special needs duties

The Local Government Association has warned that councils and their partners need greater flexibility to meet the needs of children with special educational needs.

Council leaders have said that difficulty in delivering support set out in Education, Health and Care Plans (ECHP) during the coronavirus has led to many councils finding themselves challenged by parents. This has been compounded by staff sicknesses, school closures and extra demand on resources.

The Coronavirus Act allows for the temporary removal or relaxation of statutory provisions, including those relating to EHCPs. The LGA is urging the Department for Education to urgently set out its definition of ‘reasonable endeavours’ that takes account of the pressures that councils are under in delivering support.

Judith Blake, chair of the LGA’s Children and Young People Board, said: “In these difficult times, councils and their partners are trying to do all they can to support children with special educational needs and their families.

“With stretched resources and competing demands during the coronavirus crisis, this has become increasingly challenging and has made current statutory timeframes unrealistic to meet. It is vital that the government urgently sets out the flexibility it intends to give councils so they can try and ensure all those on EHCPs continue to receive the best possible support.”