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Potential for conflict

23 May 2014 / Richard Freeth
Issue: 7607 / Categories: Features , Child law , Family
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Special educational needs provision is facing its most significant change for 30 years, says Richard Freeth

The Children & Families Act 2014 establishes a new framework in England to support children and young people with special educational needs (SEN) or disabilities which is due to come into effect in September 2014. It is envisaged that the framework will establish a holistic support network based on a multi-agency approach with clear requirements for co-operation, joint commissioning and integrated provision which would improve outcomes for children and young people from birth to 25 with SEN. These statutory duties to co-operate are set out in the Act and reinforced by regulations and the new SEN Code of Practice.

 

Of course, co-operation between agencies to support vulnerable groups is nothing new. Within the current framework the local authority has a central and non-delegable duty to ensure provision to meet SEN is secure. However with other agencies and schools having a supporting role there is a real danger of conflict especially where the child’s needs are complex and the

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