Reinstate our Children's rights to education and health provision from 1st August 2020

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From 1st May 2020, children and young people with special educational needs and disabilities, no longer have the right to the education and health provision set out in their Education, Health and Care Plans, because the Secretary of State for Education issued a notice to modify section 42 of the Children and Families Act 2014 because of Coronavirus.

Section 42 usually gives children and young people a right to the education and health provision in their EHC Plans. However under the notice Local Authorities and NHS bodies only have to show that they have used, 'reasonable endeavours' to secure any provision set out in an EHC Plan, including any therapy support, specialist resources etc.

The downgrading in the law is currently in force until the 31st July BUT the Secretary of State has the option to extend the notice, which could potentially mean children and young people with EHCP's being without their hard won provision for longer. This is really worrying when some children and young people will be going back to school or college. If our children and young people go back to school without the necessary provision to meet their needs, it will be a disaster for everyone concerned.

We therefore call on the Secretary of State to confirm he will not make another Notice and that the duty under section 42 of the Children and Families Act 2014 will apply with full force from 1st August 2020.