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Guidelines for parent carers looking for support with tribunals or disputes

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Guidelines for parent carers looking for support with tribunals or disputes

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This advice has been written for parent carers looking for support with tribunals or disputes. Whilst parents and young people are free to use whoever they wish to support them, these guidelines are to help inform and support that choice.

Guidelines for parent carers looking for support with tribunals or disputes

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Guidelines for parent carers looking for support with tribunals or disputes

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Children and young people can access SENDIASS support too!

We’re here to provide information, advice and support on SEND matters – just for you.

On our website you can:

Find helpful SEND information

Learn about your rights and choices

Discover local services and support

Don’t forget to check out our Young People’s section – it’s designed with you in mind!

Your voice matters. We’re here to help.

www.southtynesidesendiass.co.uk

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📣 𝗛𝗮𝘃𝗲 𝗬𝗼𝘂𝗿 𝗦𝗮𝘆 – 𝗛𝗲𝗹𝗽 𝗦𝗵𝗮𝗽𝗲 𝗦𝗰𝗵𝗼𝗼𝗹 𝗘𝘅𝗰𝗹𝘂𝘀𝗶𝗼𝗻𝘀 𝗪𝗲𝗲𝗸 𝟮𝟬𝟮𝟲

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📣 𝗛𝗮𝘃𝗲 𝗬𝗼𝘂𝗿 𝗦𝗮𝘆 – 𝗛𝗲𝗹𝗽 𝗦𝗵𝗮𝗽𝗲 𝗦𝗰𝗵𝗼𝗼𝗹 𝗘𝘅𝗰𝗹𝘂𝘀𝗶𝗼𝗻𝘀 𝗪𝗲𝗲𝗸 𝟮𝟬𝟮𝟲

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If you’re a parent/carer, young person, or professional, your views, ideas, and experiences are vital in helping us design a meaningful and impactful School Exclusions Week 2026.

What topics matter most to you?
What events or support would you like to see?

Whether you have lots to share or just one idea, every contribution makes a difference.

Share your thoughts here: https://forms.office.com/e/EdkuWvdVgD

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To book a place at any of the sessions, please visit: South Tyneside SENDIASS

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This page provides information about when a child can be excluded and the obligations of the school to review an exclusion and the right to appeal an exclusion. This page is only applicable to those pupils who are attending school in England. It applies to all children attending a school including those below or above compulsory school age, such as those attending nursery classes or 6th forms.

The rules governing exclusions from schools, academies and pupil referral units in England are contained in the s52 Education Act 2002.

The Department for Education published new statutory guidance on Suspension and Permanent exclusions which came into effect on the 1st September 2022. This page has been updated to reflect the new statutory guidance.

What are the different types of exclusion?

A suspension is for a specific period of time. A pupil may be suspended for one or more fixed periods (up to a maximum of 45 school days in a single academic year). The law does not allow for extending a suspension or 'converting' a suspension into a permanent exclusion. In exceptional cases, usually where further evidence has come to light, a further suspension may be issued to begin immediately after the first period ends; or a permanent exclusion may be issued to begin immediately after the end of the suspension.

A suspension can also be for parts of the school day. For example, if a pupil's behaviour at lunchtime is disruptive, they may be suspended from the school premises for the duration of the lunchtime period. The legal requirements relating to the suspension, such as the headteacher's duty to notify parents, apply in all cases. Lunchtime suspensions are counted as half a school day in determining whether a governing board meeting is triggered.

A permanent exclusion involves the child being removed from the school roll. However, the head teacher must not remove a pupil's name from the school Admissions Register until the outcome of the Independent Review Panel (if this route is followed by parents). The decision to exclude a pupil permanently should only be taken:

in response to a serious breach or persistent breaches of the school's behaviour
policy; and

where allowing the pupil to remain in school would seriously harm the education or
welfare of the pupil or others such as staff or pupils in the school.

In what circumstances can a child be suspended or excluded?

A pupil must only be excluded on disciplinary grounds. The decision to exclude must be:

The behaviour of pupils outside of school can be considered as grounds for exclusion. The school's behaviour policy will set out when a pupil's behaviour outside of school premises may lead to disciplinary sanctions.

A decision to exclude a pupil permanently should only be taken:
"in response to a serious breach or persistent breaches of the school's behaviour policy; and where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school".
When reaching the decision to exclude a child, the head teacher must apply the civil standard of proof, i.e. 'on the balance of probabilities', which means it is more likely than not that a fact is true.

Under the Equality Act 2010 schools must not discriminate against, harass or victimise pupils because of their:

sex;

race;

disability;

religion or belief;

sexual orientation;

because of a pregnancy / maternity; or

because of a gender reassignment.

For disabled children, this includes a duty to make 'reasonable adjustments' to policies and practices.

It is unlawful to exclude or to increase the severity of an exclusion for a non-disciplinary reason. For example, it would be unlawful to exclude a pupil simply because they have additional needs or a disability that the school feels it is unable to meet. It would also be unlawful to exclude for a reason such as:

However a head teacher could lawfully exclude a child for:

These duties need to be taken into account when deciding whether to exclude a pupil.

What are the factors a head teacher should consider before deciding to suspend or exclude?

The decision on whether to exclude is for a head teacher to take. Pupils should be given an opportunity to present their case before a decision is made.

Contributing Factors

When considering whether to exclude, head teachers should take account of any contributing factors identified after an incident of poor behaviour has occurred - for example, where it comes to light that a pupil has suffered bereavement, has mental health issues or has been subject to bullying.

Early Intervention

The Statutory Guidance is clear that early intervention should be used to address underlying causes of disruptive behaviour. This should include:

an assessment of whether appropriate support is in place to support any special educational needs or disability that a pupil may have;

the use of a multi-agency assessment for pupils who demonstrate persistent disruptive behaviour.

Effectiveness

Where a pupil has received multiple exclusions or is approaching the legal limit of 45 school days of fixed period exclusions in an academic year, head teachers should consider whether exclusion is providing an effective sanction.

Directing pupils off-site for education

Maintained schools have the power to direct a pupil off-site for education, to improve his or her behaviour (see section 29(3) Education Act 2002 and the Education (Educational Provision for Improving Behaviour) (Amendment) Regulations 2012). Whilst the legislation does not apply to academies, they can arrange off-site provision for such purposes under their general powers. If the school decides to use this power, they must:

ensure that parents are given clear information about the placement - why, when, where, and how it will be reviewed;
Note: Where the pupil has a Statement of Special Educational Needs (SEN) or an Education, Health & Care Plan (EHCP), the Local Authority must also be kept informed.

keep the placement under review and involve parents in the review;
Note: The regulations specify regular reviews but do not specify how often reviews must take place (that should be decided on a case-by-case basis). Reviews should be frequent enough to provide assurance that the off-site education is achieving its objectives and that the pupil is benefitting from it; and

Have regard to statutory guidance on the use of this power which can be found in "Alternative Provision - Statutory guidance for Local Authorities" (January 2013) at paragraph 41.

Managed Moves

A pupil can also be transferred to another school as part of a 'managed move'. This is to allow the pupil to have a fresh start in a new school and is an alternative to an exclusion. Managed moves are voluntary - they must only be arranged with the consent of the parties involved, including the parents. The threat of exclusion must never be used to influence parents to remove their child from the school. Managed moves are usually subject to a trial period in the new school. Pupils can be returned to the original school if the placement fails. For more information see our page on Managed Moves.

Can a child be informally suspended or excluded?

An 'informal' exclusion involves a child being sent off the school premises, without this being officially recorded as an exclusion (e.g. where a child is sent home for a 'cooling off' period). It is unlawful for a child to be informally excluded from school, even where the child's parent(s) or carer(s) agree to the exclusion. Each disciplinary suspension and permanent exclusion must be confirmed to the parents in writing with notice of the reasons for the suspension or permanent exclusion. If a parent believes that their child has been unlawfully excluded they should, as a first course of action, pursue an internal complaint within the school. For more information on making a complaint please see our page on Complaints to Schools

Can a suspension or exclusion be rescinded?

Headteachers may cancel an exclusion that has not been reviewed by the governing board. This practice is sometimes known as withdrawing/rescinding a suspension or permanent exclusion. If this occurs, parents, the governing board and the local authority should be notified, and if relevant, the social worker and VSH.

What are the school's obligations when a child has special educational needs (SEN) or is 'looked after'?

There are certain groups of pupils with additional needs who are particularly vulnerable to exclusion. This includes pupils with Statements of Special Educational Needs (SEN) or an Education, Health & Care Plan (EHCP) and 'looked after' children.

Head teachers should, as far as possible, avoid permanently excluding any pupil with a statement of SEN or EHCP or a 'looked after' child. Schools should engage proactively with parents in supporting the behaviour of pupils with additional needs. In relation to 'looked after' children, schools should co-operate proactively with foster carers or children's home workers and the Local Authority that looks after the child.

Where a school has concerns about behaviour, or risk of exclusion, of a child in one of these vulnerable groups, it should, in partnership with others (including the Local Authority as necessary), consider what additional support or alternative placement may be required. This should involve assessing the suitability of support for a pupil's SEN. Where a pupil has a statement of SEN or EHCP, schools should consider requesting an early annual review or interim / emergency review.

Where a looked-after child (LAC) is likely to be subject to a suspension or permanent exclusion, the Designated Teacher (DT) should contact the local authority's VSH as soon as possible. The Virtual School Head, working with the DT and others, should consider what additional assessment and support need to be put in place to help the school address the factors affecting the child's behaviour and reduce the need for suspension or permanent exclusion.

All looked-after children should have a Personal Education Plan (PEP) which is part of the child's care plan or detention placement plan. This should be reviewed every term and any concerns about the pupil's behaviour should be recorded, as well as how the pupil is being supported to improve their behaviour and reduce the likelihood of exclusion.

What is the procedure for suspending or excluding a pupil?

When a head teacher or teacher in charge decides to exclude a pupil, the parent(s) or carer(s) should be notified immediately, usually by telephone, followed by a letter without delay. Notification should be in person or by telephone in the first instance as this would allow parents to ask any initial questions or raise concerns directly with the headteacher.

Note: Parents may be given an exclusion notice electronically, if they have provided written consent for notice to be sent this way.

The following information must be provided in writing:

the reason(s) for the suspension or permanent exclusion;

the period of a suspension or, for a permanent exclusion, the fact that it is permanent;

parents' right to make representations about the suspension or permanent exclusion to the governing board (in line with the requirements set out in paragraphs 95 to 105 of the government guidance) and how the pupil may be involved in this;

how any representations should be made; and

where there is a legal requirement for the governing board to consider the suspension or permanent exclusion, that parents or a pupil if they are 18 years old have a right to attend a meeting, to be represented at that meeting (at their own expense) or to bring a friend.

If alternative provision is being arranged, then the following information must be included with this notice where it can reasonably be found out within the timescale:

the start date for any provision of full-time education that has been arranged for the child during the suspension or permanent exclusion;

the start and finish times of any such provision, including the times for morning and afternoon sessions where relevant;

the address at which the provision will take place; and

any information required by the pupil to identify the person they should report to on the first day.

Where this information on alternative provision is not reasonably ascertainable by the end of the afternoon session on the first day of the suspension or permanent exclusion, it may be provided in a subsequent notice, but it must be provided without delay and no later than 48 hours before the provision is due to start. The only exception to this is where alternative provision is to be provided before the sixth day of a suspension or permanent exclusion, in which case the information can be provided with less than 48 hours' notice with parents' consent.

What are the obligations on parents during a period of suspension or exclusion?

Where a suspended or permanently excluded pupil is of compulsory school age the headteacher must also notify the pupil's parents of the days on which they must ensure that the pupil is not present in a public place at any time during school hours. These days are the first five school days of a suspension or permanent exclusion (or until the start date of any full-time alternative provision or the end of the suspension where this is earlier). Any parent who fails to comply with this duty without reasonable justification commits an offence and may be given a fixed penalty notice or be prosecuted. The headteacher must notify the parents of the days on which their duty applies without delay and, at the latest, by the end of the afternoon session on the first day of the suspension or permanent exclusion.

What is the governing board and local authority's duty to arrange education for suspended or excluded pupils?

For a suspension of more than five school days, the governing board (or local authority about a pupil suspended from a PRU) must arrange suitable full-time education for any pupil of compulsory school age. This provision is commonly called alternative provision and must begin no later than the sixth school day of the suspension. Where a child receives consecutive suspensions, these are regarded as a cumulative period of suspension for the purposes of this duty. This means that if a child has more than five consecutive school days of suspension, then education must be arranged for the sixth school day of suspension, regardless of whether this is because of one decision to suspend the pupil for the full period or multiple decisions to suspend the pupil for several periods in a row.

For permanent exclusions, the local authority must arrange suitable full-time education for the pupil to begin from the sixth school day after the first day the permanent exclusion took place. This will be the pupil's 'home authority' in cases where the school is in a different local authority area. The school should collaborate with the local authority when the pupil might be eligible for free home to school travel, arranged by the local authority, to the place where they will be receiving education

In addition, where a pupil has an EHCP, the local authority may need to review the plan or reassess the child's needs, in consultation with parents, with a view to identifying a new placement.

Does the school have to provide education during the first 5 school days of an exclusion?

It is important for schools to help minimise the disruption that exclusion can cause to an excluded pupil's education. Whilst the statutory duty on governing bodies or Local Authorities is to provide full-time education from the 6th day of an exclusion, there is an obvious benefit in starting this provision as soon as possible.

Where it is not possible, or appropriate, to arrange alternative provision during the 1st 5 school days of an exclusion, schools should take reasonable steps to set and mark work for pupils. Work that is provided should be accessible and achievable by pupils outside of school.

When will a governing body review a suspension or exclusion?

The governing body has a duty to consider parents' representations about an exclusion. The extent of this duty and how it is exercised depend on the length and nature of the exclusion.

The governing body must consider the reinstatement of an excluded pupil within 15 school days of receiving notice of the exclusion if:

the exclusion is permanent;

it is a suspension which would bring the pupil's total number of school days of exclusion to more than 15 in term; or

it would result in a pupil missing a public examination or national curriculum test.

Where an exclusion would result in a pupil missing a public examination or national curriculum test, there is a further requirement for a governing body to consider exclusion before the date of the examination or test. If this is not possible, the chair of governors may consider the exclusion independently and decide whether or not to reinstate the pupil. These are the only circumstances in which the chair can review an exclusion decision alone. In such cases parents still have the right to make representations to the governing body and must be made aware of this right.

If a child has been suspended for a period of more than 5 school days but not more than 15 in a single term, the parents can request that the governing body consider the reinstatement of the child. In these circumstances the governing body must consider the reinstatement within 50 school days of receiving notice of the suspension. This may not affect the actual suspension, as the child is likely to have completed their suspension prior to the governing body considering reinstatement. However, if the governing body did decide to overturn the suspension and direct reinstatement, a record to this effect could be added to the child's school records.

In the case of a suspension which does not bring the pupil's total number of days of suspension to more than five in a term, the governing board must consider any representations made by parents, but it cannot direct reinstatement and is not required to arrange a meeting with parents.

What will happen at a Governing Body meeting?

The following parties must be invited to a meeting of the governing body and allowed to make representations:

The Governing Body must:

ask for any written evidence in advance of the meeting (including witness statements and other relevant information held by the school, such as those relating to a pupil's special educational needs);

circulate any written evidence and information, including a list of those who will be present, to all parties at least 5 school days in advance of the meeting;

allow parents and pupils to be accompanied by a friend or representative;

identify the steps they will take to enable and encourage the excluded pupil to attend the meeting and speak on their own behalf (taking into account the pupil's age and understanding), or participate by other means if attending the meeting is not possible.

When considering the exclusion, the governing body must consider:

When establishing the facts in relation to an exclusion decision, the governing body must apply the civil standard of proof - i.e. 'on the balance of probabilities', it is more likely than not that a fact is true.

In reaching a decision on whether or not to reinstate a pupil, the governing body should consider whether the decision to exclude the pupil was lawful, reasonable and procedurally fair, taking account of the head teacher's legal duties.

The governing board should ensure that clear minutes are taken of the meeting as a record of the evidence that was considered by the governing board. These minutes should be made available to all parties on request and the record of discussion should state clearly how the decisions have been reached.

In the light of their consideration, the Governing Body can either:

uphold an exclusion; or

direct reinstatement of the pupil immediately or on a particular date.

Where reinstatement is not practical because for example, the pupil has already returned to school following the expiry of a fixed period exclusion or the parents make clear they do not want their child reinstated, the governing body must, in any event, consider whether the head teacher's decision to exclude the child was justified based on the evidence.

The governing body must notify parents, the head teacher and the Local Authority of its decision, and the reasons for its decision, in writing and without delay. The governing body should set out the reasons for its decision in sufficient detail to enable all parties to understand why the decision was made.

In the case of a permanent exclusion, the governing body's notification must also include the following information:

the fact that it is permanent;

notice of the parents' right to ask for the decision to be reviewed by an Independent Review Panel, including:

1. the date by which an application for a review must be made (i.e., 15 school days from the date on which notice in writing of the governing board's decision is given to parents);

2. where and to whom an application for a review (and any written evidence) should be submitted;

3. that any application should set out the grounds on which it is being made and that, where appropriate, this should include a reference to how the pupil's SEN are considered to be relevant to the permanent exclusion;

4. that, regardless of whether the permanently excluded pupil has recognised SEN, parents have a right to require the local authority/academy trust to appoint a SEN expert to advise the review panel;

5. details of the role of the SEN expert; and

6. that parents may, at their own expense, appoint someone to make written and/or oral representations to the panel.

that, in addition to the right to apply for an Independent Review Panel, if parents believe that the exclusion has occurred as a result of discrimination, they may make a claim under the Equality Act 2010 to the First-tier Tribunal (Special Educational Needs and Disability) in the case of disability discrimination, or the County Court in the case of other forms of discrimination;

that a claim of discrimination made under these routes should be lodged within 6 months of the date on which the discrimination is alleged to have taken place, e.g. the day on which the pupil was excluded.

What will happen at an Independent Review Panel?

If the governing body uphold a permanent exclusion, parents have the right to request that their decision is reviewed by an Independent Review Panel (IRP).

Parents must lodge their application for a review:

within 15 school days of notice being given to the parents by the governing body of their decision to uphold a permanent exclusion; or

where an application has not been made within this time frame, within 15 school days of the final determination of a claim of discrimination under the Equality Act 2010 in relation to the exclusion.

These are strict deadlines and any application made outside of the legal time frame must be rejected by the Local Authority / Academy Trust.

Parents may request an Independent Review Panel even if they did not make a case to, or attend, the meeting at which the governing body considered the exclusion.

Parents must submit written representations and, if applicable, supporting evidence, when lodging their application. New evidence can be submitted to the Independent Review Panel. However, when deciding whether to quash the decision, the panel should only take account of evidence available to the governing body at the time of making its decision not to reinstate. The Panel is able to take account of evidence that they consider would, or should have been available to the governing body, and that the governing body ought to have considered if they had been acting reasonably.

The Local Authority / Academy Trust must constitute the Panel with either 3 or 5 members:

A clerk will also be present to provide advice to the Panel and parties to the review on procedure, legislation and Statutory Guidance on exclusions. The clerk does not take part in the decision-making process.

The role of the Panel is to review the governing body's decision not to reinstate a permanently excluded pupil. In reviewing the decision, the Panel must consider the interests and circumstances of the excluded pupil, including the circumstances in which the pupil was excluded, and have regard to the interests of other pupils and people working at the school.

The panel can decide to:

uphold the exclusion decision;

recommend that the governing body reconsiders their decision; or

quash the decision and direct that the governing body considers the exclusion again.

When considering the governing body's decision, the Panel should apply the following tests which need to be satisfied to quash the decision:

Illegality - Did the head teacher and / or governing body act outside the scope of their legal powers in taking the decision to exclude?

Irrationality - Did the governing board rely on irrelevant points, fail to take account of all relevant points or make a decision so unreasonable that no governing board acting reasonably in such circumstances could have made it?

Procedural impropriety - Was the process of exclusion and the governing body's consideration so unfair or flawed that justice was clearly not done?

If any of these criteria are met, the Panel can quash the decision of the governing body and direct that they consider the exclusion again.

Where the criteria for quashing a decision have not been met, the Panel should consider whether it would be appropriate to recommend that a governing body reconsiders their decision not to reinstate the pupil. This should be used where evidence or procedural flaws have been identified that do not meet the criteria for quashing the decision but which the Panel believe justify a reconsideration of the governing body's decision.

In all other cases the panel should uphold the exclusion.

There is no further right of appeal against the decision of an Independent Review Panel. However, if you feel that the Review Panel process was unfairly run, you may be able to take this further by complaining about maladministration by the IRP. A successful complaint may result in a recommendation that a new IRP should be arranged, but the decision to uphold the exclusion cannot be overturned. The body this complaint should be made to will depend on the type of school involved:

For community, voluntary controlled, voluntary aided and foundation schools

A complaint should be made to the Local Government Ombudsman (LGO). The LGO have an advice line number which you can call for further advice: 0300 061 0614.

For academies

A complaint should be made to the Secretary of State who will pass the complaint to the Education Funding Agency (ESFA). They can be contacted on 0370 000 2288.

Can I request a special educational needs (SEN) expert attend the Independent Review Panel (IRP)?

Parents have a right to request the attendance of a SEN expert at the IRP, regardless of whether or not the school recognises that their child has SEN.

The SEN expert should be a professional with first-hand experience of the assessment and support of SEN, as well as an understanding of the legal requirements on schools in relation to SEN and disability.

SEN experts must be impartial. The SEN expert can be employed by another Local Authority or Academy Trust but they should not have had any previous involvement in the assessment or support of SEN for the excluded pupil, or siblings of the excluded pupil. The purpose of this is to avoid a conflict of interest.

The appointment of an SEN expert is for the Local Authority / Academy Trust to make, but it should take reasonable steps to ensure that parents have confidence in the impartiality and capability of the SEN expert. Where possible, this may include offering parents a choice of SEN expert.

The SEN expert's role is similar to an expert witness. They should provide impartial advice to the Panel on how SEN might be relevant to the exclusion. The SEN expert should base their advice on the evidence provided to the panel. The SEN expert's role does not include making an assessment of the pupil's SEN.

The focus of the SEN expert's advice should be on whether the school's policies which relate to SEN, or the application of these policies in relation to the excluded pupil, were legal, reasonable and procedurally fair. If the SEN expert believes that this was not the case, they should advise the Panel on the possible contribution that this could have made to the circumstances of the pupil's exclusion.

Where the school does not recognise that a pupil has SEN, the SEN expert should advise the Panel on whether they believe the school acted in a legal, reasonable and procedurally fair way with respect to the identification of any SEN that the pupil may potentially have, and any contribution that this could have made to the circumstances of the pupil's exclusion.

What happens when the Independent Review Panel (IRP) recommends the governing body reconsiders the exclusion?

Where the IRP directs or recommends that the governing body reconsiders its decision, the governing body must reconvene within 10 school days of being given notice of the IRP's decision.

If, following a direction to reconsider, the governing body does not offer to reinstate the pupil within 10 school days of being notified of the Panel's decision, a negative adjustment may be made to the school's budget of £4,000.

In the case of an academy, the school would be required to make an equivalent payment directly to the Local Authority in which the school is located. This payment will be in addition to any funding that would normally follow an excluded pupil.

In the case of either a recommended or directed reconsideration, the governing body must notify the following people of their reconsidered decision, and the reasons for it, in writing and without delay:

If the governing body upholds the exclusion again, there is no further right to refer the matter to the IRP. However, it might be possible to challenge the decision on the grounds listed below, if the governing body:

The application for judicial review should be made promptly, but at least within 3 months of the date of the decision. You would need legal representation should you decide to pursue this course of action.

When can I bring a judicial review claim against the decision of the Independent Review Panel (IRP)?

As noted above, there is no appeal from the decision of an IRP. However, the IRP's decision may also be subject to judicial review (on the same grounds as above); if successful, the judge could quash the original decision and order that a fresh hearing is arranged. The same time limit of 3 months applies. You would need legal representation should you decide to pursue this course of action.

Examples of potential maladministration that could lead to a complaint include the following:

The Panel was not properly constituted, e.g. a member of the panel was not truly independent and had links to the school.

The Panel relied on information provided by the school that has subsequently been shown to be false.

A parent was not allowed to properly participate in the proceedings.

A parent did not receive proper notice of the Panel hearing.

Going further

More detailed information can be found in our How-To Guide. Please note that a fee is charged for this service.sus

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This page provides information about when a child can be excluded and the obligations of the school to review an exclusion and the right to appeal an exclusion. This page is only applicable to those pupils who are attending school in England.

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Witherslack provide a downloadable custom summer routines calendar to help maintain structure during the summer break.

Start personalising yours now: https://eu1.hubs.ly/H0wWrYr0

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SENDIASS South Tyneside

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Secondary School Transitions Guide (Kids)

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Secondary School Transitions Guide (Kids)

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Kids have produced a Surviving SEND Secondary School Transition Guide

Transitioning to secondary school - Kids

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A common query we receive through our Advice line is "𝐖𝐡𝐚𝐭 𝐬𝐮𝐩𝐩𝐨𝐫𝐭 𝐜𝐚𝐧 𝐭𝐡𝐞 𝐬𝐞𝐫𝐯𝐢𝐜𝐞 𝐩𝐫𝐨𝐯𝐢𝐝𝐞 𝐚𝐫𝐨𝐮𝐧𝐝 𝐬𝐜𝐡𝐨𝐨𝐥 𝐞𝐱𝐜𝐥𝐮𝐬𝐢𝐨𝐧𝐬?”

The service can:
Support parents/carers in understanding what is available within South Tyneside; including what services and support may be available for their child or wider family.

Support parents/carers in communicating and engaging with schools.

Provide information and support relating to Disability Discrimination claims or in making representations to school Governors following permanent exclusion.

Support is also available to children and young people to help them share their views as part of the process.

Listen to the concerns of parents/carers and support them in making their own informed decisions.

Contact can be made with the service via our Advice Line (0191 424 6345), alternatively a referral can be made via our website (www.southtynesidesendiass.co.uk).

Our School Exclusion Support Hub meetings provide an additional opportunity to meet with members face-to-face to get information, advice or support, along with our weekly SEND Surgery Sessions. Dates and further information about the sessions can be found here: https://www.eventbrite.co.uk/.../south-tyneside-sendiass...

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Beige and White Simple Illustrative Modern Elegant Event Save the Date Social Media Instagram Post

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SEN Decisions is a valuable online resource; using pathways to support understanding of the law relating to Special Educational Needs.

These pathways deal with problems related to assessing special educational needs and obtaining educational, health and social care provision.

The pathways are maintained by the Law Clinic at the University of Liverpool, with support from students who study the law relating to children with Special Educational Needs as part of their degree.

They are intended as a support tool, and can be accessed via: https://www.sendecisions.org.uk/

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RISE Partnership E-Learning on Sensory Processing

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RISE Partnership E-Learning on Sensory Processing

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Sensory Processing: What it is and why it matters

This e-learning introduces sensory processing: what it is and why it matters and is intended to be used by a wide variety of practitioners especially those working directly with Disabled Children and Young People and those with Special Educational Needs.

Sensory Processing: What it is and why it matters - The RISE Partnership: Research and Improvement for SEND Excellence

This course was originally developed as training by the Early Years SEND Partnership, and has now been re-purposed to create this e-learning that is now delivered through the RISE (Research and Improvement for SEND Excellence) Programme, a contract funded by the Department for Education (DfE).

The course covers the following topics:

1. Sensory systems and sensory processing differences.

2. Practical application of the theory and where to go for support.

Sensory environments.

This course should take around 90 minutes to complete, including making notes in the accompanying learning log document that you can access through the course.

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Interesting Fact (Facebook Post (Square)) (60)

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Council for Disabled Children - Free eLearning

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Council for Disabled Children - Free eLearning

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Did you know the Council for Disabled Children provide free e-learning courses.

They have a variety of courses to choose from including:
The Role of CAMHS in the EHCP Process
Holistic Outcomes in Education, Health & Care Plans
Social Care & SEND

Each module takes between 30-45 minutes to complete. The training is free to complete online from any computer/tablet. You can complete it at your own pace.

https://learning.ncb.org.uk

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Interesting Fact (Facebook Post (Square)) (27)

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𝐋𝐨𝐨𝐤𝐢𝐧𝐠 𝐟𝐨𝐫 𝐜𝐥𝐞𝐚𝐫, 𝐞𝐚𝐬𝐲-𝐭𝐨-𝐮𝐧𝐝𝐞𝐫𝐬𝐭𝐚𝐧𝐝 𝐢𝐧𝐟𝐨𝐫𝐦𝐚𝐭𝐢𝐨𝐧 𝐚𝐛𝐨𝐮𝐭 𝐦𝐞𝐝𝐢𝐚𝐭𝐢𝐨𝐧? 

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𝐋𝐨𝐨𝐤𝐢𝐧𝐠 𝐟𝐨𝐫 𝐜𝐥𝐞𝐚𝐫, 𝐞𝐚𝐬𝐲-𝐭𝐨-𝐮𝐧𝐝𝐞𝐫𝐬𝐭𝐚𝐧𝐝 𝐢𝐧𝐟𝐨𝐫𝐦𝐚𝐭𝐢𝐨𝐧 𝐚𝐛𝐨𝐮𝐭 𝐦𝐞𝐝𝐢𝐚𝐭𝐢𝐨𝐧? 

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Our service website has helpful guidance available online, including:
What the mediation process looks like
What to expect during a mediation meeting
How to prepare and feel confident

You can also make a referral to the service via the website if you need further support.
Find out more: https://www.southtynesidesendiass.co.uk/#mediation

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For further information visit: SENDIASS South Tyneside

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Whatever stage you’re at in your parenting journey with a disabled child, Contact’s Helpful Guide is an all-in-one book full of the information and help you'll need to guide you.

Order your copy here: https://ow.ly/b1Ma50SumET
Find information online here: https://ow.ly/fLjN50SumLF

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The School Exclusions Hub is provided by Coram Children's Legal Centre, the UK's leading legal children's charity which is part of the Coram Group. We are a registered charity, no. 281222.

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ERIC is the national charity dedicated to improving children’s bowel and bladder health. Their mission is to reduce the impact of continence problems on children and their families.

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With your help, we can keep offering free support to those who need us.

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IPSEA has helpful information on the access arrangements available, who can qualify, and the steps required: www.ipsea.org.uk/help-in-exams.

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(IPSEA) Independent Provider of Special Education Advice

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Pupils who have learning difficulties and disabilities may qualify for help in public examinations

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Information from IPSEA

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(IPSEA) Independent Provider of Special Education Advice

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IPSEA's volunteers regularly advise and support parents and carers whose school-aged children are unable to access education because of anxiety or similar difficulties - very often associated with the child's SEN. This is sometimes known as 'school refusal' When a child to attend school and their behaviour and/or anxiety appears to be worsening, it is important to seek help as soon as possible.
Speak to your GP or another medical/mental health professional
As a first step, you should take your child to your GP and explain what has been happening. If the GP (or any medical/mental health professional) feels that the child is not currently fit to attend school, ask for a letter to the local authority (LA) to be provided, explaining this. Evidence of this type would provide a documented explanation for the child's non-attendance.

You can ask your GP to refer your child to the Children and Adolescent Mental Health Service (known as CAMHS), although thresholds for accessing this service are often high.
Speak to the school
Ask the class teacher, SENCO and or senior management team for a meeting to discuss what might be behind the school anxiety.

Consider the school's duties under the Children and Families Act 2014 to identify and support any special educational needs or disabilities that the child may have.

Remember that the term " special educational needs " covers a broad spectrum which includes social, emotional and mental health needs. Your child does not need to be struggling academically in order to access SEN support.

The school may need to seek support from outside agencies. The LA's education welfare service can be helpful in providing strategies and support for children who are beginning to school-refuse.

If the school may not be able to meet your child's needs by itself, it may be appropriate to request an EHC needs assessment (the first step towards getting an EHC plan).
What if my child already has an EHC plan?
If your child has an EHC plan but is still struggling to attend school, it is likely that the plan needs to be re-examined. Your child may need extra or different support, and/or a different school.

You should consider asking for an early review of the EHC plan or a re-assessment of needs, especially if your child's mental health needs have arisen relatively recently and are not covered in the plan.

If you think a different school placement is necessary, you can find information on your rights to request a particular school here.

The LA must continue to secure the special educational provision in the EHC plan while your child is out of school (section 42, Children and Families Act 2014).
Getting temporary education put in place
The LA has a legal duty to secure suitable, full-time alternative education for those children of compulsory school age who, by reason of illness, exclusion or otherwise, may not for any period receive suitable education unless such arrangements are made for them (section 19, Education Act 1996). This applies whether or not your child has an EHC Plan.

Details of how to get temporary education put in place may be found .

Local authorities should have regard to the statutory guidance entitled: ' Ensuring a good education for children who cannot attend school because of health needs '. "Health needs" can include anxiety and other mental health needs.

You'll see from the guidance (page 8, paragraphs 12-13) that supporting medical evidence will be required. The LA may expect this to come from a consultant, but they should "work closely with medical professionals and the child's family, and consider the medical evidence". In the short term at least, this could be from a GP.

It also states (paragraphs 14-15) that LAs should provide such education as soon as it is clear that the child will be away from school for 15 days or more, whether consecutive or cumulative, and should do so at the latest by the sixth day of the absence. They should liaise with appropriate medical professionals to ensure minimal delay in arranging appropriate provision for the child.

"Full-time education" is not defined in law, and LAs will often only offer a few hours of home tuition per week. However, the guidance states (at the bottom of page 4) that it should " equate to what the pupil would normally have in school - for example, for pupils in Key Stage 4 this would usually be 25 hours a week. "

It is unlawful to withhold or reduce the provision, or type of provision, for a child because of how much it will cost. Therefore, LAs must not have policies that limit a child's education to a specified number of hours per week due to cost or availability.
What if I am being threatened with an Attendance Order?
If you are being threatened with an Attendance Order because of your child's absences from school, you should write to the relevant person or department (which is likely to be the Educational Welfare Service) to explain that your child has special educational needs and is experiencing mental health difficulties. Suggest to them that serving an Attendance Order in these circumstances would be premature and inappropriate, and what is needed is co-ordinated action by support agencies to identify and make provision for all of your child's needs.

Hopefully, once everyone involved realises that your child's non-attendance is to do with their anxiety and SEN rather than deliberate truancy, the threat will be withdrawn.

If the LA continue with the threat of serving an Attendance Order, or actually serve it, you will need to speak to a solicitor who is familiar with education law. You should check if you qualify for legal aid.
Should I consider home education?
Elective home education is a serious step, and no parent should feel under pressure to de-register and home educate their child because of difficulties at school or threats of prosecution. You can find more information here.

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IPSEA's volunteers regularly advise and support parents and carers whose school-aged children are unable to access education because of anxiety or similar difficulties - very often associated with the child's SEN. This is sometimes known as 'school refusal' When a child to attend school and their behaviour and/or anxiety appears to be worsening, it is important to seek help as soon as possible.

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EOTAS: Education Otherwise Than At School. What is it, and can I get it?

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Today's article is from my colleague, Nicole Lee, a solicitor at SEN Legal who is an expert on Education Otherwise Than At School as part of an EHCP. You can also watch us participate in a two-part SNJ Conversation on the subject here. Over to Nicole!

What is EOTAS and how can my child get it as part of an EHCP, by Nicole Lee

It seems that not a day goes by without a new Ofsted Report, inquiry or news article about systemic failings by local authorities to provide special educational provision in a timely manner, if at all.

It will therefore come as no surprise that for some children and young people, the arrival of their EHC Plan equates to closing the stable door after the horse has already bolted. By the time it arrives, their needs --or needs that have developed through inadequate SEND provision-- have become so severe that any type of formal educational placement wouldn't work.

This was a fact recognised by Parliament when the Children and Families Act 2014 (CFA) was drafted, and Section 61 of the 2014 Act 2014 makes specific legal provision for the education of children and young people, for whom education in a school or post-16 institution would be inappropriate. This is called Education Otherwise Than At School, or EOTAS.

What does EOTAS entail?

As the title would suggest, EOTAS is the legal mechanism whereby a child or young person with an EHC Plan can receive special educational provision despite being unable to attend an educational setting. Under a formal EOTAS arrangement, the child or young person will not be required to be on the roll of, or in attendance at, a "traditional" educational setting. Instead, they will receive their education and special educational provision either at home, or in some circumstances, within an external setting that is not a registered educational setting.

EOTAS should not be confused with Elective Home Education (EHE). While both EOTAS and EHE may have the same result in that the child will be being educated at home, they each place completely different obligations on local authorities.

Under Section 42 of the Children and Families Act 2014, a local authority is placed under an absolute legal obligation to make sure a child or young person receives all of the provision contained in Section F of their EHCP, unless the circumstances in Section 42(5) are met. Section 42(5) says the obligation is on the LA to provide the EHCP provision unless "the child's parents or the young person has made suitable alternative arrangements."

So, what if a parent or young person decides to educate at home or elsewhere, but their EHCP names an educational setting in Section I, and there is nothing in Section F to state that an EOTAS package is to be provided? In these circumstances, it is very likely that the LA will say their obligations under the EHCP have been disapplied and full responsibility for arranging and paying for the education will fall on the parent (including the cost of any examinations).

However, under an EOTAS package of provision, correctly written into an EHC Plan, the local authority will remain responsible for the child or young person's education generally. It will remain under an obligation to ensure all of the provision in Section F is provided and funded.

In brief summary, EOTAS is a formal special education package made under an EHC Plan, for which the local authority remains legally responsible.

Can my child get EOTAS?

Section 61 of the Children and Families Act 2014 states;
61 Special educational provision otherwise than in schools, post-16 institutions etc

1. (1) A local authority in England may arrange for any special educational provision that it has decided is necessary for a child or young person for whom it is responsible to be made otherwise than in a school or post-16 institution or a place at which relevant early years education is provided.

2. (2) An authority may do so only if satisfied that it would be inappropriate for the provision to be made in a school or post-16 institution or at such a place.

3. (3) Before doing so, the authority must consult the child's parent or the young person.

As with any piece of legislation, case law has been absolutely essential in determining how Section 61 should be applied on a day-to-day basis. Most recently, the case of NN v Cheshire East Council (SEN) [2021] UKUT 220 (AAC) (PDF) has provided very succinct and helpful guidance as exactly how local authorities (and Tribunals) should apply it.

If you are considering making a request for EOTAS, you would be wisely advised to consider the guidance set out by Upper Tribunal Judge Rowley at paragraph 47 of this judgement and point by point, set out how this guidance applies to your situation. There is no one-size-fits-all answer; every case will need to be decided on its own individual facts and circumstances.

Can any provision be made in school?

I have produced in full below Judge Rowley's guidance at point 47, in the quotes below, followed by my own comments.

47. Against this background, I give the following guidance to tribunals considering cases such as this where bespoke provision of education outside a conventional classroom setting and education otherwise than at school are proposed by the parties.

a. The tribunal must consider section 61 CFA 2014. It must separately ask whether it is satisfied that it would be inappropriate for

(i) any special educational provision that it has decided is necessary for the child to be made in any school and

(ii) any part of the provision to be made in any school.

In applying this to your situation, you must consider the provision set out in Section F of your child's EHC Plan. Decide if it's your position it would be "inappropriate" for any of the Section F provision is provided to your child within a school, or if some of the provision could be provided in school.

For example, it may be that your child's anxiety prevents them from going to school to attend more structured and academic lessons such as English, Maths and Science. However, they would be able to go to school to do things that they enjoy, such as P.E. or Art.

Is a school setting suitable?

b. In considering these questions, the tribunal must ask if a school would 'not be suitable' or would 'not be proper'. To do that, it has to take into account all the circumstances of the case. Without being an exhaustive list, those circumstances might include:

i. the child's background and medical history;

ii. the particular educational needs of the child;

iii. the facilities that can be provided by a school;

iv. the facilities that could be provided other than in a school;

v. the comparative cost of the possible alternatives to the child's educational provisions, either at school or elsewhere;

vi. the parents' wishes (although they are not generally determinative); and

vii. any other particular circumstances that apply to a particular child (TM v London Borough of Hounslow (above)).

Once you have decided what your position is i.e. it would be inappropriate for all provision to be delivered in a school, or some specified provision could be delivered in a school, you then need to set out all of the evidence that supports your position.

In essence, you need to consider the very particular facts of your child's case, their needs and the provision required to meet those needs. Then use this information to show why it would be inappropriate for all or part of that provision to be delivered in a school.

Not only should you provide that evidence in whatever form it is available (report, meeting notes, letters, emails, medical records etc), but you should set out exactly how that information supports why attendance at school would be inappropriate.

It is very important to remember that EOTAS can only be agreed if it is " inappropriate " for a child to attend school. The presumption, therefore, is that a child should attend a school setting, unless it is inappropriate for them to do so.

The right to parental preference under Section 9 of the Education Act is not determinative. While parental preference may be considered, in my view, parental preference for EOTAS could not prevail under the wording of Section 61, if it was not decided that going to a school would be inappropriate.

It is important to note that this list of circumstances is built on a list provided in an earlier piece of case law related to EOTAS as it was under the Education Act 1996, with some changes.

As a solicitor representing children and young people, I am concerned about the continued inclusion of circumstance "v. the comparative cost of the possible alternatives to the child's educational provision, either at school or elsewhere."

It is long-established under legislation and case law that the provision in Section F, can be determined only on the description of the child's needs in Section B. There must be provision for each and every need in Section B, and this should be regardless of cost. I do therefore disagree that the comparative cost of providing provision at home or a school should be considered when deciding whether or not school attendance is inappropriate. If the child's needs dictate that attendance at school is inappropriate, then EOTAS can and should be provided.

No school? Leave Section I blank

c. If the tribunal is satisfied that it would be inappropriate for any such special educational provision to be made in any school, then Section I must be left blank.

As stated, if it is agreed that it would be entirely inappropriate for a child to attend a school setting to receive any provision at all, then Section I of the EHC Plan should be left blank. The full details of the EOTAS package should be specified in Section F of the EHC Plan.

When a school can be named in Section I

d. Conversely, if the tribunal is not satisfied that it would be inappropriate for any such special educational provision to be made in any school, it follows that a particular school or type of school would be appropriate for the child (Derbyshire County Council v EM and DM (SEN) (above)) in relation to at least part of the provision to be made. This will lead to consideration of what should be specified in Section I of the EHC plan. That, in turn, will involve consideration of regulation 12 of the 2014 Regulations.

If it is decided that some education can be delivered within an educational setting, then it is possible for that particular setting, or type of setting, to be named in Section I of the EHC Plan. Any provision not being delivered at the school setting should be specified within Section F of the EHC Plan.

Is it an education setting?

e. If a particular educational institution is proposed, and if it is in issue as to whether or not that institution is a 'school', the tribunal must consider whether it falls within the definition of a 'school' as set out section 4 of the Education Act 1996. This is a question of fact to be determined in the light of all the evidence including, where relevant, matters such as regulation governance, financing and administration (MA v Borough of Kensington and Chelsea (SEN) (above), TB v Essex County Council (SEN) (above)).

In many cases (including in the case currently being discussed) it will be glaringly obvious whether or not the setting being proposed is an educational institution. If you are not sure, a good starting point would be to search for the setting on the Department for Educations "Get information about schools" website. If it is listed, then it is registered as an educational institution with the Department for Education.

However, if it is not obvious whether a setting is an educational institution or not, further investigation will be required, which goes beyond the scope of this article.

Is it attendance?

f. If it is in issue, the tribunal must consider whether the school or type of school will be 'attended by' the child. If it is satisfied that the child will be present at a school or type of school for at least part of the time, that is sufficient and so the school or type of school must be specified in Section I. Attending provision provided by the school as part of a bespoke package outside a conventional classroom setting will nonetheless mean that the school is to be attended by the child within the meaning of regulation 12(1)(i).

In considering this guidance, I would suggest that any provision delivered by a setting at all, whether physically on school grounds or not, could be sufficient for the setting to be named in Section I. For example, if outreach provision is being provided by the school and it is something that child should attend e.g., external activities/field trips, or 1:1 teaching sessions provided by school staff, but not on the school site.

The key word here is "attendance", suggesting physical approximation is required. I would question whether provision made by a school that is purely virtual, or requires no form of contact e.g., providing work to be completed with no contact, would satisfy "attendance" as it is expressed here. That, however, is case law to be made another day.

Section I can only be an educational setting

g. What is specified in Section I must be strictly limited to the of name the school and type of school to be attended by the child, or where the name of the school is not specified, the type of school to be attended by the child. No more and no less.

h. For the avoidance of doubt, education in a child's home cannot be named in Section I (East Sussex County Council v TW (above)).

Neither local authority nor Tribunal is permitted to state anything in Section I other than the name of the educational institution, or if there is no named institution, the type of institution. It cannot name the child's home address, as a child does not "attend" their own home. Nor can it name a non-educational setting that the child may attend e.g. a youth centre.

Provision must be in Section F

i. Any special educational provision which will be made otherwise than in a school or type of school will be set out in Section F.

As expressed above, any provision which is being made on an EOTAS basis must be set out in Section F. The law relating to specificity applies to EOTAS just as it does to provision delivered within educational institutions. All provision should be written into the EHC Plan with such a level of specificity that it leaves no room for doubt exactly what provision should be delivered.

This is especially important in EOTAS cases, as there are inherent organisational difficulties that can arise when all elements of education are being sourced individually by different external providers. You will want to be absolutely clear on the provision that should be in place so you enforce it if it doesn't materialise.

Sometimes EOTAS is the only option

For some children and young people, EOTAS, either wholly delivered at home, or with some limited input from a school, is the only option. However, in practice, it is very often the case that local authorities have a cultural aversion to the idea of children being formally home-educated under an EOTAS provision.

Therefore, it can so often be the case that a request for an EOTAS package, requires an appeal to be submitted to the SEND Tribunal. This most recent case law cited here provides useful guidance as to how the Tribunal will approach an appeal for EOTAS. It provides parents and young people with a guide as to the issues that they should consider, and information they will provide.

No doubt this will not be the last piece of case law relating to EOTAS, and we eagerly await any further developments.

Nicole Lee

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EOTAS: Education Otherwise Than At School. What is it, and can I get it? - Special Needs Jungle

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EOTAS: Education Otherwise Than At School. What is it, and can I get it? From an expert in EOTAS, SEND lawyer, Nicole Lee

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Not Fine in School is a parent/carer-led organisation set up in response to the growing number of children and young people who struggle with school attendance.

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Not Fine in School is a parent-led organisation empowering families & raising awareness of school attendance barriers (school refusal/ anxiety/ SEND/ bullying)

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Social media information posts from School Exclusions Week 2025.

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Provided by West Sussex Educational Psychology Service

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Introduction to the Information Advice and Support Service

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Introduction to the Information Advice and Support Service

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The IASS Network have created an animation to explain what an Information, Advice and Support Service (IASS) is. It explains how IASS’ can provide support to children & young people with SEND and their parents.

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Introduction to the Information Advice and Support Service

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A short animation funded by the Department for Education to help children and young people with SEND and their parents learn about the service and support on...

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The spreadsheet provides a personalised timeline of the annual review process.

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An EHC plan should be written in a way that makes it clear who is required to do what, when it has to happen and how often it should be reviewed. This checklist will help you can check your plan complies with the law.

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(IPSEA) Independent Provider of Special Education Advice

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Education, health and care (" EHC ") plans can be long and complicated. They are required by law to contain certain sections, and it is important to ensure your EHC plan matches the legal requirements. If it doesn't, it could make it difficult to enforce.

(If you're not sure what an EHC plan is, or need advice on how to ask for an EHC plan, .)

The EHC plan should be written in a way that makes it clear, to parents, young people, schools, colleges and LAs, who is required to do what, when it has to happen and how often it should be reviewed.

An EHC plan does not have a fixed format - each local authority (" LA ") can develop its own 'style' - but legally they must contain a number of separate sections.

You can also use our EHC plan checklist to see whether your EHC plan complies with the law.
What sections should an EHC plan have? What should be in the sections relating to education (Sections B and F)? What can I do if I'm not happy about the contents of the EHC plan?

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Education, health and care (" EHC ") plans can be long and complicated. They are required by law to contain certain sections, and it is important to ensure your EHC plan matches the legal requirements. If it doesn't, it could make it difficult to enforce.

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Provided by West Sussex Educational Psychology Service

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Guidance for parents and carers, completing a EHC NA request.

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These resources include excerpts from real EHC plans as well as examples and case studies.

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Education, Health and Care Plans: Examples of good practice

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We expect these examples to be useful to those contributing to EHC needs assessments and to those writing plans as well as to parents, children and young people and those supporting them. We intend this document to provoke a debate about the key features of high quality EHC plans.

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Choosing a secondary school with an EHC plan

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Choosing a secondary school with an EHC plan

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(IPSEA) Independent Provider of Special Education Advice

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We have recently been hearing from parents of children with EHC plans being asked to name a secondary school for their child at the annual review in year 5. Some parents have been told there will not then be another annual review in advance of the EHC plan being amended to name the secondary school.

Although there's nothing to stop a parent giving an indication of the school(s) they would like at this stage, to comply with regulation 18 of the SEN and Disability Regulations 2014 the LA must review the EHC plan in the autumn term, or very early in the spring term, before issuing an amended plan.

Parents, carers or young people must be given at least 15 days to make representations about the content of the EHC plan (and proposed amendments) and request that a particular school/institution is named in the amended plan, before a final amended plan is issued.

NB, the same principle applies to children or young people moving between other phases of education and to young people moving from one post-16 institution to another post-16 institution.

For more information on this topic, you can also read our article on planning the move to a new school for children with SEND.

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Have you found the information on our website helpful today? If so, please consider donating! At IPSEA, we rely on your donations and fundraising efforts to help keep our vital services running. Read more
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Choosing a secondary school with an EHC plan

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We have recently been hearing from parents of children with EHC plans being asked to name a secondary school for their child at the annual review in year 5. Some parents have been told there will not then be another annual review in advance of the EHC plan being amended to name the secondary school.

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Information from The Children's Bowel and Bladder Charity.

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Guidance provided by Citizens Advice around the PIP claim form.

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Detailed information on how to fill in your PIP2 claim form, including advice for each question and tick box

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The Family Fund have produced an online learning resource explaining the different types of grants, and other financial support available to parents and carers.

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All About Me document (Makaton version)

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Illustrated All About Me form (CYP views)

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All About Me document (CYP views)

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All About Me (CYP Views for Year 9 onwards)

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Guidance for parents and carers around the Annual Review process.

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Read IPSEA guidance on what steps need to be taken in order for an exclusion to be lawful.

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(IPSEA) Independent Provider of Special Education Advice

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Children with special educational needs (“SEN”) and/or disabilities are much more likely to be excluded from school than their classmates. Only the head teacher of a school (or the teacher in charge of a pupil referral unit or the principal of an academy) can exclude a pupil.

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(IPSEA) Independent Provider of Special Education Advice

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A permanent exclusion is where a pupil is told they cannot come back to the school. This is also called being expelled. There are a number of things the school is legally required to do when a pupil is permanently excluded.

1. The Head must write immediately explaining that the exclusion is permanent and giving the reason for the exclusion.

2. The Head must inform the Governors and LA. If the pupil lives outside the local authority in which the school is located, the head teacher must also advise the 'home authority' of the exclusion without delay.

3. The Governors must meet within 15 days of receiving the notice of exclusion (NB if the exclusion will result in the pupil missing an external or National Curriculum exam they must take reasonable steps to meet before the date of the exam) and parents have the right to attend.

4. Parents have the right to make 'written representations' which must be considered by governors (see our advice on preparing written representations for more information).

5. LAs are required to arrange educational provision for excluded pupils of compulsory school age from all institutions from the sixth day of a permanent exclusion.

6. Where parents (or the excluded pupil if aged 18 or over) dispute the decision of a governing body not to reinstate a permanently excluded pupil, they can ask for this decision to be reviewed by an independent review panel (see below for an explanation of how this works).

7. The school or LA may ask parent to sign a Parenting Contract or apply to Magistrates' Court for a Parenting Order.

What is an independent review panel?

Where parents dispute the decision of a governing board not to reinstate a permanently excluded pupil, they can ask for this decision to be reviewed by an independent review panel. An independent review panel does not have the power to direct a governing board to reinstate an excluded pupil. However, where a panel decides that a governing board's decision is flawed when considered in the light of the principles applicable on an application for judicial review, it can direct a governing board to reconsider its decision.

Whether or not a school recognises a pupil as having SEN, all parents have the right to request the presence of an SEN expert at a review meeting. The SEN expert's role is to advise the review panel, impartially, of the relevance of SEN in the context and circumstances of the review. For example, they may advise whether the school acted reasonably in relation to its legal duties when excluding the pupil.

Entitlement to alternative education

For permanent exclusions, it is the local authority (and not the school) which must arrange suitable full-time education for the pupil to begin no later than the sixth day of the exclusion. This will be the pupil's 'home authority' in cases where the school is maintained by (or located within) a different local authority.

'Full-time' means supervised education equivalent to that provided by mainstream schools.

You can find further advice on what you should do if your child is excluded, including ensuring alternative education is provided, .

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# data[].attributes.attachment_link.description
A permanent exclusion is where a pupil is told they cannot come back to the school. This is also called being expelled. There are a number of things the school is legally required to do when a pupil is permanently excluded. The Head must write immediately explaining that the exclusion is permanent and giving the reason for the exclusion.

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Home schooling and ‘education otherwise’

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Home schooling and ‘education otherwise’

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(IPSEA) Independent Provider of Special Education Advice

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Parents must make sure their children receive a suitable full-time education if they are of compulsory school age , but this does not mean all children are educated in a school setting.

Some children are educated at home because their parents have chosen this for them. Other children learn at home because they cannot attend school due to a particular reason, such as ill health, or because it would be inappropriate for their special educational provision to be made in a school or college setting.

Some children also attend school part time, and there is more information on what happens if a parent wants their child to attend school part time .

Elective Home Education

Some parents choose to home educate their child. This is sometimes called 'home schooling', but is more accurately known as 'elective home education' or 'EHE'. If this is what is right for them and their child then this can be a positive step. The SEN and Disability Code of Practice (the " Code ") acknowledges this, stating at paragraph 10.35 that, "Local authorities should not assume that because the provision being made by parents is different from that which was being made [...] in school that the provision is necessarily unsuitable. Local authorities should also consider using their power to help parents make suitable provision."

However, sometimes parents may be encouraged to home educate their child by the school or the local authority ("LA") when the parent does not want to or think this is what the child needs. Parents often feel pressured into home education to avoid prosecution for non-attendance. However, elective home education is a serious step and should always be the parent's choice.

The Department for Education's "All you need to know about home-schooling and elective home education" briefing summarises key information parents should be aware of if considering home schooling. Parents of a child with an EHC plan should be aware that EHE has the below implications when deciding whether or not to home educate their child.

Elective home educating children or young people with EHC plans

The LA no longer has a legal duty to secure any of the special educational provision in the child or young person's EHC plan if they are being home-educated. This is because the LA is likely to decide that the parents are making their own suitable alternative arrangements.

However, the LA should not stop an EHC plan because the child or young person is being home educated. The LA must also still review the plan annually to assure itself that the provision set out in it continues to be appropriate and that their special educational needs ("SEN") continues to be met (paragraph 10.32 of the Code). The LA must use the same legal process to review the EHC plan, even if the child or young person is being home educated.

Parents who wish to home educate their child (rather than have the LA secure any required provision) do not need school's permission, but should write to:

1. the school and explain that they intend to educate their child at home, and

2. the LA and ask it to amend Section I of the EHC plan to record that the child is being educated at home. Parents of children at special schools will also need to ask the LA to agree to their name being taken off from the school roll.

If the current educational placement is not working and the parent does not want to home educate their child, it may be better to change the EHC plan to set out different special educational provision and/or name a different school/placement rather than attempting to take on home education without support.

Electively home educating children or young people with SEN but without an EHC plan

Parents may take their children out of school to home educate them, and they do not need the permission of the school or the LA to do so (unless they are on the roll of a special school in which case the LA must agree).

All parents of children may make a request for an EHC needs assessment, including those who chose EHE for their children . This is an opportunity to fully identify all of the child or young person's SEN and work out what support they need. The Code says that LAs " should " fund support for the SEN of home-educated children where it is appropriate to do so (paragraph 10.30). However the LA does not have a legal duty to provide special educational provision in this situation.

If a child or young person's early years, school or college placement is in danger of breakdown and their parent does not wish to home educate them, it might be appropriate to ask the LA for an EHC needs assessment. It may be that, with the right support, the child or young person can continue in their educational placement. Alternatively, they may require special educational provision which could be provided at a different school or otherwise than in school (as discussed below).

Alternative education

If a child is unable to attend school for any reason and their parent has not chosen to home educate them, this should be made clear to the LA and the LA may have a legal duty to secure suitable, full-time education for them - whether they have an EHC plan or not. Please see here for more information.

Education otherwise than in a school

If an early years setting, school or college is not appropriate for the child or young person and the parent has not chosen to home educate them, the LA can arrange for any special educational provision the child or young person requires to be delivered somewhere else and set this out in an EHC plan. The LA would then be responsible for continuing to secure and fund that provision. This is known as 'education otherwise than in school' and often abbreviated to 'EOTAS' (section 61 of the Children and Families Act 2014 allows LAs to do this). Before taking such a step though, the LA must talk it through with the child's parent or with the young person and properly consider their views.

Whether school or college is appropriate or not will depend on the child or young person's SEN and / or the type of the provision they need (for example, it might not be appropriate for certain therapies to take place in a school setting). The question is not whether school can deliver the special educational provision but whether it is appropriate for it to be made in school.

Where it is not appropriate for any provision to be made in a school or college, the child or young person's EHC plan should reflect the following:

Section B should set out all of their special educational needs, including those that show why education in a setting is inappropriate. These could be, for example, mental health or sensory needs.

Section F should give a clear and detailed description of the support they need. This could include therapies which are classed as educational provision, such as speech and language therapy, and other support provided by health or social care which educates or trains the child or young person. It will be important to set out all the necessary details such as who (in terms of role/qualification) will oversee the package of support, deliver it and what particular expertise they may need, and any input needed from specialists. This will mean the LA still has a legal duty to put the special educational provision in place. It would also generally be a good idea to specify that this provision will be delivered as 'education otherwise than in a school' here too.

Section I should be left blank if no setting is going to be attended at all, as confirmed by case law.

Section J will detail the special educational needs and outcomes to be met by any agreed direct payments relating to section F. Not everyone will have a personal budget and receive direct payments, and you can find out more about them here.

If it's inappropriate for some but not all of a child or young person's special educational provision to be made in school/college, an EHC plan can cover this too. For more detail on how, .

For more information on how special educational provision should be set out in an EHC plan, see the section on what an EHC plan contains.

If a child or young person needs an EOTAS package but their EHC plan does not set it out, the LA can change what their EHC plan says to make sure it's included. Parents and young people can ask for this during an annual review of the EHC plan or, if they have a right of appeal to the SEND Tribunal, use this to get the EHC plan changed.

If you haven't been able to find the answer to your question on this page, see our FAQs or speak with us.
Home education and 'education otherwise' FAQs

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Home education and 'education otherwise'

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For some children or young people, school or college may not be suitable, and they may need to be educated at home or elsewhere

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All you need to know about home-schooling and elective home education (EHE)

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All you need to know about home-schooling and elective home education (EHE)

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All you need to know about home-schooling and elective home education (EHE)

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What is home-schooling? During the period when schools were closed to all but vulnerable children and children of key workers, most pupils were educated at home. This is known as home-schooling. While being home-schooled, children remained on their school roll …

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(IPSEA) Independent Provider of Special Education Advice

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Latest Related Most read Have you found the information on our website helpful today? If so, please consider donating! At IPSEA, we rely on your donations and fundraising efforts to help keep our vital services running. Read more Donate

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Mediation is a less formal way of trying to settle the dispute between you and the LA (and/or the health authority, known as the clinical commissioning group (CCG)). It involves a meeting between you, the LA and/or CCG and an independent mediator, who will try to help you reach agreement on the points of dispute. The mediation may also be attended by other relevant parties such as representatives from the child or young person's school or college. It is free of charge.

In most cases you will need a mediation certificate before you can appeal. You can get this in two ways:

Undertake mediation, and if it does not settle all of the points in dispute, you will be issued with a certificate confirming you took part in mediation; or

Speak to a mediation advisor, and you will be issued with a certificate confirming you have been told about your right to mediate but you do not want to do so.

If you do not wish to mediate, you will need to ring the number the LA gives you on their decision letter (there should be alternatives if you cannot use a phone) and talk to a mediation adviser. They will tell you more about how mediation works, and if you are not interested you can simply explain that you do not want to mediate. They will then provide a certificate. If you have had a lot of discussions already with your LA you may feel mediation would be of little use and you want to save time, get your certificate, and appeal right away.

If you have never had a proper discussion with the LA about why they have reached their decision, mediation may help. You might also consider it to give yourself more time to appeal. The appeal deadline is two months from the date of the decision letter, or one month from the date a mediation certificate is issued, whichever is the later.

would like to mediate the LA must arrange this within 30 days of you asking for it. The LA cannot refuse mediation or make you attend some other form o meeting beforehand. You can bring someone to mediation to support you if you like.

If you attend mediation and the LA agrees to settle the case and take the steps you are asking for, you must ensure that you get their agreement in writing, setting out clearly what they have agreed to do. Regulations 42 and 44 of the Special Educational Needs and Disability Regulations 2014 set out certain timescales that an LA must stick to after a mediation, if they have agreed:

To carry out an EHC needs assessment: the LA must notify the parent or young person that it is starting within 2 weeks, then either let the parent or young person know they have decided not to issue an EHC plan within 10 weeks, or send a finalised EHC plan within 14 weeks

To issue an EHC plan: the LA must issue the draft plan within 5 weeks and the finalised EHC plan within 11weeks

To change the name of a school in an EHC plan: the LA must issue the amended EHC Plan within 2 weeks

To amend an EHC plan: the LA must issue the amended EHC Plan within 5 weeks

If the LA agree to take certain steps in a mediation agreement but then fail to do so, they are acting unlawfully. This could be challenged via judicial review .

For more information about the process of bringing an appeal about an EHC needs assessment or EHC plan, see our general advice for all appeals .

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# data[].attributes.attachment_link.description
Mediation is a less formal way of trying to settle the dispute between you and the LA (and/or the health authority, known as the clinical commissioning group (CCG)). It involves a meeting between you, the LA and/or CCG and an independent mediator, who will try to help you reach agreement on the points of dispute.

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(IPSEA) Independent Provider of Special Education Advice

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Mainstream nurseries, schools and colleges

A child or young person who has SEN but no EHC plan must be educated in mainstream, subject to certain very limited exceptions (section 34 Children and Families Act (" CAFA") 2014). (See the section on types of schools for the definition of 'mainstream'.)

A school must not refuse to admit a child with SEN because they feel they do not feel able to cater for those needs. For more information, see the section on the right to mainstream .

Special units within mainstream schools are usually not special schools but part of the mainstream school to which they are attached. However, as places are often in demand and subject to demonstrable high levels of need, it's unlikely that a child or young person can access such provision without it being specified in an EHC plan. You can find more information on EHC plans here .

Finding out about SEN Support

Support for children and young people with SEN but no EHC plan will be through SEN Support (see the FAQs on how your nursery, school or college should help for information on what SEN Support should look like in each phase of education).

Under section 69 CAFA 2014, the governing bodies of maintained schools and maintained nursery schools in England, and the proprietors of Academy schools must prepare a report containing SEN information in the form of SEN Information Reports.

These SEN Information Reports (SIRs) must contain information about the kinds of special educational needs for which provision is made at the school; how children/young people with SEN are identified and assessed; how provision might be made for them and the effectiveness of such provision evaluated; and, how they support children/young people with SEND to engage in school activities.

This information must be published on the school website and is a valuable tool for looking at the kind of provision available.

Although sixth form colleges and FE colleges are not under the same obligations to produce SIRs, they should have information available on their policies and the support they offer.

Your local authority's (" LA's ") Local Offer (available on your LA website) should also contain useful information about the type of support available.

Ask to meet the person responsible for SEN Support in prospective schools/colleges and discuss with them what types of support might be available for the child/young person in question.

You can read more about how your nursery, school or college should support you here and about how your LA should support you here .

Moving to a new phase of education on SEN Support

Many LAs have worked with schools and colleges in their area to agree enhanced transition support for those children and young people who receive SEN Support and are moving to a new phase of their education. Information about this will be set out in your LA's Local Offer.

It may be that a greater level of support will be required once a child or young person moves to a new phase of their education. In such circumstances, it may be necessary to request that an EHC needs assessment is carried out.

When considering the need for an assessment or an EHC plan, the LA must look ahead to any upcoming move to a new phase of their education and whether this change of circumstance might make assessment or the issuing of an EHC plan necessary.

Special nurseries, schools and colleges

If a child or young person needs to attend a special school (or you think they may do) then it will be necessary to secure an EHC needs assessment and an naming this type of school or post-16 institution.

There are some very limited situations where children or young people can be placed in a special school or college without an EHC plan. These are:

while the child or young person is admitted to a special school or special post-16 institution for the purposes of an EHC needs assessment (or remains admitted to a special school or special post-16 institution, in prescribed circumstances, following an EHC needs assessment at the school or post-16 institution);

while the child or young person is admitted to a special school or special post-16 institution, following a change in his or her circumstances, but only where all of the LA, the head teacher or principal of the school or college, and the parents/carers or young person have agreed to such placement.

In addition, a child or young person can be admitted to a special school without an EHC plan if it is established in a hospital and is either a community or foundation special school, or an Academy school.

They can also be admitted, without an EHC plan, to a special school or special post-16 institution that is an Academy, if the Academy arrangements made in respect of the school or post-16 institution permit it to admit children and young people with special educational needs for whom no EHC plan is maintained. In the case of special Academies, parents or carers and young people need to be confident that the provision on offer is suitable to meet needs because there is no obligation on the LA to secure anything for them. It may be difficult, without identifying a child or young person's SEN through EHC needs assessment, to be certain if the placement and provision is right, in which case an EHC needs assessment should be sought.

If you haven't been able to find the answer to your question on this page, you can book an appointment to speak with us .

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Mainstream nurseries, schools and colleges A child or young person who has SEN but no EHC plan must be educated in mainstream, subject to certain very limited exceptions (section 34 Children and Families Act (“CAFA”) 2014). (See the section on types of schools for the definition of ‘mainstream’.)

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(IPSEA) Independent Provider of Special Education Advice

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Special educational needs (“SEN”) can affect a child or young person’s ability to learn

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How should your nursery, school or college help?

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How should your nursery, school or college help?

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(IPSEA) Independent Provider of Special Education Advice

# data[].attributes.attachment_link.title
How should your nursery, school or college help?

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IPSEA offers independent legally based advice, support and training to help get the right education for children and young people with special educational needs and disabilities (SEND).

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SENDIASS - Summer Term Newsletter

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Parents’ experiences of choosing a special school for their children

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Parents’ experiences of choosing a special school for their children

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Full research article: English parents’ experiences of making decisions about special school placements in the national context of rising special school placements and more parental choice and school diversity.

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Parents' experiences of choosing a special school for their children

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ABSTRACT This paper is about English parents' experiences of making decisions about special school placements in the national context of rising special school placements and more parental choice and school diversity. The aim of this research was to investigate whether the current legislative focus on optimising parent choice operates as intended from the parents' perspective.

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SENDIASS - Spring Term Newsletter

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The Joint Council for Qualifications has published an information sheet for parents, carers and students on exam access arrangements and reasonable adjustments.

You can find it here: https://tinyurl.com/msjukxj9

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SENDIASS - Autumn Term Newsletter

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The UK’s only registered charity dedicated to raising awareness and furthering information about Avoidant/Restrictive Food Intake Disorder.

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We are the UK's only charity dedicated to raising awareness and furthering information about ARFID. A not-for-profit, we work to provide individuals, parents, carers and medical professionals with up-to-date relevant information, research and support.

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Summer Term Newsletter

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Spring Term Newsletter

SENDIASS - Spring-Term Newsletter

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The SEND Local Offer is designed to help you find the best support for children and young people aged 0 to 25 who have Special Education Needs and Disabilities (SEND).

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Autumn Newsletter

https://mailchi.mp/e304d1b2dec2/sendiass-autumn-newsletter

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Hearings at the Special Educational Needs and Disability Tribunal

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Hearings at the Special Educational Needs and Disability Tribunal

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https://youtu.be/ExNEpi-E4XI?feature=shared

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Chapter 4 - Hearings at the Special Educational Needs and Disability Tribunal

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 𝑈𝑠𝑒𝑓𝑢𝑙 𝐿𝑎𝑤𝑠, 𝑅𝑒𝑔𝑢𝑙𝑎𝑡𝑖𝑜𝑛𝑠 𝑎𝑛𝑑 𝐺𝑢𝑖𝑑𝑎𝑛𝑐𝑒

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 𝑈𝑠𝑒𝑓𝑢𝑙 𝐿𝑎𝑤𝑠, 𝑅𝑒𝑔𝑢𝑙𝑎𝑡𝑖𝑜𝑛𝑠 𝑎𝑛𝑑 𝐺𝑢𝑖𝑑𝑎𝑛𝑐𝑒

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Education Act (2011) - Section 4

https://www.legislation.gov.uk/ukpga/2011/21/section/4....

The School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012

https://www.legislation.gov.uk/uksi/2012/1033/made

Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement Guidance (August 2024 )

https://www.gov.uk/government/publications/school-exclusion

Behaviour in Schools: Advice for headteachers and school staff (February 2024)

https://assets.publishing.service.gov.uk/.../Behaviour_in...

Equality Act 2010

https://www.legislation.gov.uk/ukpga/2010/15/contents

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Interesting Fact (Facebook Post (Square)) (12)

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Independent SEN Mediation and Consultancy Services

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Independent SEN Mediation for Local Authorities, Academy Schools and other Services. Educational Services, Service Reviews, Exclusion Review Panels.

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There are only two types of legal exclusions:

🟣 permanent exclusion, or

🟣 for a fixed-period, which is called a “suspension”.

Fixed term exclusion is now referred to as 'suspension' in the Exclusion Guidance and Behaviour Advice, however the regulations have not been changed and 'suspension' is defined as exclusion for a fixed period.

'𝒊𝒏𝒇𝒐𝒓𝒎𝒂𝒍’ or ‘𝒖𝒏𝒐𝒇𝒇𝒊𝒄𝒊𝒂𝒍’ exclusions or suspensions, such as sending a pupil home to cool off, are unlawful even if a parent or carer agrees to it.

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Interesting Fact (Facebook Post (Square)) (13)

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A pupil must only be excluded on disciplinary grounds; i.e. in response to a serious breach, or persistent breaches, of the school’s behaviour policy and where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.

The behaviour of pupils outside of school can be considered as grounds for exclusion.

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Interesting Fact (Facebook Post (Square)) (51)

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How should a decision to exclude be made?

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How should a decision to exclude be made?

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The decision to exclude must be:

🟣 Lawful

🟣 Rational

🟣 Reasonable

🟣 Fair

🟣 Proportionate.

When reaching the decision to exclude a child, the head teacher must apply the civil standard of proof, i.e. 'on the balance of probabilities', which means it is more likely than not that a fact is true.

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Interesting Fact (Facebook Post (Square)) (54)

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𝑨 𝒄𝒉𝒊𝒍𝒅 𝒉𝒂𝒔 𝒃𝒆𝒆𝒏 𝒆𝒙𝒄𝒍𝒖𝒅𝒆𝒅, 𝒘𝒉𝒂𝒕 𝒉𝒂𝒑𝒑𝒆𝒏𝒔 𝒏𝒆𝒙𝒕?

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𝑨 𝒄𝒉𝒊𝒍𝒅 𝒉𝒂𝒔 𝒃𝒆𝒆𝒏 𝒆𝒙𝒄𝒍𝒖𝒅𝒆𝒅, 𝒘𝒉𝒂𝒕 𝒉𝒂𝒑𝒑𝒆𝒏𝒔 𝒏𝒆𝒙𝒕?

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The Head Teacher must:

🟣 Inform the parent/carers about the exclusion, highlighting the reasons for this and how representations can be made. Written notification of this should include the length of exclusion and arrangements for the setting of work, or alternative provision.

➡️ Updated guidance advises that ‘notification should be in person or by telephone in the first instance as this would allow parents to ask any initial questions or raise concerns directly with the headteacher’

🟣 Let the Governing Body know if the exclusion is permanent, will last more than five school days (or more than ten lunch times) in a term, or will result in the pupil missing a national curriculum test or public examination.

🟣 Legislative changes now mean that a Head Teacher must inform the Local Authority of their decision to exclude, regardless of the length of this.

➡️ Changes also now mean if a pupil has a social worker, or if a pupil is looked-after, the headteacher must now, also without delay after their decision, notify the social worker and/or VSH, as applicable.

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Interesting Fact (Facebook Post (Square)) (62)

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If you haven't used a Padlet before:

Scroll along the screen to see the range of headers

Scroll down to see further resources under each section

If we're missing some information you'd like to see, please feel free to let us know - you can email us via SENDIASS@southtyneside.gov.uk

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The prevalence of school exclusions in the UK, their root causes, and the importance of preventative offerings over reactive interventions

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The prevalence of school exclusions in the UK, their root causes, and the importance of preventative offerings over reactive interventions

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This paper was written by Matilda Shaw from Goldsmiths University, and Jody Audley from Catch22.

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The prevalence of school exclusions in the UK, their root causes, and the importance of preventative offerings over reactive interventions | Catch22

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This paper was written by Matilda Shaw from Goldsmiths University, and Jody Audley from Catch22. Contents Introduction Understanding school exclusions Contributing factors to school exclusions School exclusion impact: the individual School exclusion impact: wider society Alternative interventions Conclusion Introduction School exclusions and their societal impact on mental health and well-being, criminal activity and inequality remain […]

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Have you heard of the 𝐄𝐦𝐨𝐭𝐢𝐨𝐧𝐚𝐥 𝐑𝐞𝐬𝐢𝐥𝐢𝐞𝐧𝐜𝐞 𝐓𝐞𝐚𝐦?

They support children and young people from ages 7 to 16, who have been identified as requiring support in particular areas that may create barriers to their learning and/or mental health.

Intensive support is also provided to children and young people experiencing difficulties attending school, helping them to reintegrate them into an education setting.

You can find out more about the Emotional Resilience Team via @SEND here: https://sendlocaloffer.southtyneside.gov.uk/article/6395/Educational-Psychology-Service.

You can also hear from Andrew Fawkes discussing his role and the service on the ‘𝐖𝐡𝐚𝐭 𝐭𝐡𝐞 𝐡𝐞𝐚𝐥𝐭𝐡 𝐚𝐫𝐞 𝐲𝐨𝐮 𝐭𝐚𝐥𝐤𝐢𝐧𝐠 𝐚𝐛𝐨𝐮𝐭?!’ podcast from South Tyneside Young Health Ambassadors here: https://sites.google.com/ictinschools.org/styhamentalhealth/resources/service-episodes-the-podcast

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Did you know your child may be entitled to a free concessionary travel pass?

If they are 17 and under, have an EHCP or a diagnosis, then contact Rachael and Jaki for more information at travel.training@southtyneside.gov.uk.

If your child is over 17 contact Adult Social Care Business Support via https://southtyneside.gov.uk/.../Applying-for-your...

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Contact - Top 5 Transport Questions, Answered!

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Contact - Top 5 Transport Questions, Answered!

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6 mins read

The new school term is just around the corner, yet many parent carers are still facing major hurdles to secure transport arrangements for their disabled child.

School transport is a big concern for our families around this time of year, so our education team recently hosted a Q&A session to assist parent carers in England with any questions or issues they may be having.

If you missed it, the Q&A is still ava i lable to read in our Facebook group - but to help, we've also rounded up the top 5 questions asked during the session below.

We also recommend taking a look at our webpage about school transport in England and home-to-school factsheet, as well as at our online advice about challenging school transport policies and information about transport for young people over 16.

1. The LA says my son isn't eligible for free transport because he isn't attending his nearest mainstream school and the named school in his EHC plan was a parental preference. Is this correct?

If the EHC plan names your preferred school with no conditions and it is the only school named, then it automatically counts as the closest suitable for transport purposes. You would only be liable for travel costs only if the EHC explicitly states in section I that there is a closer suitable school.

If the local authority (LA) considered that there was a closer school that could meet your child's needs, they should have discussed this with you and been clear about the transport implication. For example, they could have named your chosen school as parental preference but stated in your son's EHC plan that there is a closer suitable school, and so that you would be responsible for school transport.

I suggest you take a look at section I of your son's EHC plan to check the wording used by the LA. If section I is in their favour, you may be able to appeal to tribunal to get it changed - for example, by having your preference named as the only school in the EHC plan.

2. My son often has meltdowns in the morning, but he needs to be calm before boarding the bus as it's a long journey. Should the driver have to wait for my son, especially if there are no other children on the bus?

As your son is the only child in the vehicle, it would be considered a reasonable adjustment for the driver and escort to wait for him until he is calm. If they have other responsibilities and are therefore strained with time, another reasonable adjustment that could be made is hiring adults that are happy to wait as long as necessary to ensure the child is calm. Paragraph 80 on page 28 of the government's statutory Travel to School Guidance outlines the need for arrangements to be safe and stress-free.

The guidance was also recently updated to include a specific section about managing behaviour related to a child's special educational need or disability. This new section, on page 34, acknowledges that: "Some children may find change distressing and benefit from having consistency in their travel arrangements wherever possible. Where a change to travel arrangements is planned, time to get used to the idea of a new route or vehicle, or an opportunity to meet a new driver or passenger assistant, may be helpful."

3. Do I need legal representation at a transport appeal meeting? And what can I do if I lose the appeal?

Most parents do not have legal representation for transport appeals. However, do get representation if that would help your family feel more confident at the appeal panel. It is likely the panel will be virtual, unless you have asked for it to be in person. Taking your son could be useful if the appeal panel is in person, but the local authority (LA) will be making their decision using professional evidence and the law.

If the appeal is lost, the next stage would be to make a formal complaint to the LA about their decision. If you are not happy with the outcome of the local appeal process, you may be able to take matters further to the Local Government Ombudsman (LGO). You can do this if you think the local authority did not follow proper procedure in the appeal or that the decision was not in keeping with the law. You can read more about this on our school transport webpage, or visit the LGO's website for detailed information about how to make school transport complaints as well as examples of previous complaints they have considered.

4. Our LA is considering replacing all post-16 transport provision with personal travel budgets and travel training, but they haven't been clear about how eligibility will be assessed. What can I do?

A personal travel budget (PTB) or travel training will not necessarily be appropriate for all young people. The local authority (LA) may offer a PTB and training in the first instance, but they must consider expectational circumstances. Paragraph 29 on page 10 of the government's statutory guidance for post-16 transport and travel support provides details of the needs and circumstances that the LA must have regard to when assessing transport arrangements.

Bear in mind that an LA must follow certain procedures when consulting on changes to its school transport policy. Inadequate consultations, inadequate policies, and blanket policies that restrict eligibility are all issues that we have identified across local authority transport policies. Some of these issues are potentially, and in some cases actually, unlawful - and could be reason to challenge the policy. I suggest taking a look at our webpage bout challenging transport policies for more information about this.

5. My LA agreed to issue an EHC plan for my child last year, but we've not even seen a draft plan yet. Their transport team won't organise transport until this plan is in place. How can we sort this out before September?

This sounds very frustrating. First of all, I suggest that you put in a formal complaint to your local authority about the delay to the EHC plan, as they are well outside the statutory timescale.

The transport team clearly need to know which school your child is going to in order to assess eligibility. However, having an EHC plan is not a necessary condition for transport. If everyone is in agreement about the chosen school and naming it is just a formality, then I suggest asking the SEN team if they can put this in writing in order to move things forward quickly.

If you run into any issues or need further support, get in touch with our helpline so that one of our education advisers can help you.

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School transport for disabled children in England: top 5 questions answered

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The new school term is just around the corner, yet many parent carers are still facing major hurdles to secure transport arrangements for their disabled child. School transport is a big concern for our families around this time of year, so our education team recently hosted a Q&A session to assist parent carers in England [...]

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(IPSEA) Independent Provider of Special Education Advice

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Local authorities (LAs) have particular duties towards some groups of children and young people who require home to school transport arrangements. You can check what your child may be entitled to by choosing the age category that applies to them. Young people, you can also check what transport you may be entitled to by selecting your relevant age category below.

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South Tyneside - Help with School/College Transport

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South Tyneside - Help with School/College Transport

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South Tyneside - Apply for help with School/College Transport

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South Tyneside - Apply for help with School/College Transport

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Apply for help with school or college transport - South Tyneside Council

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You can use this form to apply for help with getting to and from home and school or college, including:

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𝗚𝗼𝘃𝗲𝗿𝗻𝗼𝗿𝘀 𝗗𝗶𝘀𝗰𝗶𝗽𝗹𝗶𝗻𝗮𝗿𝘆 𝗖𝗼𝗺𝗺𝗶𝘁𝘁𝗲𝗲 

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𝗚𝗼𝘃𝗲𝗿𝗻𝗼𝗿𝘀 𝗗𝗶𝘀𝗰𝗶𝗽𝗹𝗶𝗻𝗮𝗿𝘆 𝗖𝗼𝗺𝗺𝗶𝘁𝘁𝗲𝗲 

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A meeting will be set up for Parents to make representations, If preferred, parents may make their representations to the governors in writing.

The local authority (LA) should also be invited to the meeting.

The governing board must meet to consider any exclusion that triggers a compulsory review within 15 school days from the date of exclusion. This includes:

🟣Any permanent exclusion

🟣A suspension that takes the total number of school days that the student has been excluded to more than 15 in any one term;

🟣An exclusion that results in missing a national examination or test.

𝑯𝒆𝒓𝒆’𝒔 𝒘𝒉𝒂𝒕 𝒚𝒐𝒖 𝒄𝒂𝒏 𝒆𝒙𝒑𝒆𝒄𝒕 𝒂𝒕 𝒕𝒉𝒆 𝑮𝒐𝒗𝒆𝒓𝒏𝒐𝒓𝒔 𝑫𝒊𝒔𝒄𝒊𝒑𝒍𝒊𝒏𝒂𝒓𝒚 𝑪𝒐𝒎𝒎𝒊𝒕𝒕𝒆𝒆 𝒎𝒆𝒆𝒕𝒊𝒏𝒈:

🟣A representative from the local authority needs to attend the meeting (where the school is a maintained school or a PRU)

🟣 Available written evidence should circulated to all relevant parties 5 days in advance of the meeting.

🟣 The parent must be allowed to bring a friend or representative which includes legal representation by a solicitor or barrister.

➡️ For more information about Governors Disciplinary Meetings, Coram’s School Exclusions Hub provides a helpful ‘quick-guide’ here: https://shorturl.at/Cq713

#SchoolExclusionsWeek

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To mark School Exclusions Week we’ve updated our My Views: School Exclusions document for children and young people.

The ‘My Views’ document can be used to help ensure children and young people’s voices are included as part of challenging a decision to exclude.

To view and download the My Views document visit:  https://www.southtynesidesendiass.co.uk/#downloads

#SchoolExclusionsWeek

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𝗣𝗿𝗲𝘀𝗲𝗻𝘁𝗶𝗻𝗴 𝗘𝘃𝗶𝗱𝗲𝗻𝗰𝗲 

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𝗣𝗿𝗲𝘀𝗲𝗻𝘁𝗶𝗻𝗴 𝗘𝘃𝗶𝗱𝗲𝗻𝗰𝗲 

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All evidence must be provided in writing 5 school days in advance of the meeting.

𝗛𝗲𝗮𝗱𝘁𝗲𝗮𝗰𝗵𝗲𝗿 𝗘𝘃𝗶𝗱𝗲𝗻𝗰𝗲 𝗰𝗮𝗻 𝗶𝗻𝗰𝗹𝘂𝗱𝗲 (𝗗𝗲𝗽𝗲𝗻𝗱𝗶𝗻𝗴 𝗢𝗻 𝗖𝗮𝘀𝗲):

🟣 Incident Reports

🟣 Witness Statements

🟣 SEN Records

🟣 Support Plans

𝗣𝗮𝗿𝗲𝗻𝘁/𝗖𝗮𝗿𝗲𝗿/𝗣𝘂𝗽𝗶𝗹𝘀 𝗥𝗲𝗽𝗿𝗲𝘀𝗲𝗻𝘁𝗮𝘁𝗶𝗼𝗻𝘀:

🟪 Question the incident that led to exclusion, as well as how the Head Teacher reached the decision.

🟪 Question what support was in place and whether the child's SEN needs were taken into account.

Parents are also able to write a statement about why they disagree with the exclusion.

Support is available in preparing written representations.

#SchoolExclusionsWeek

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Service information - Difficulty Attending School

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Service information - Difficulty Attending School

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SENDIASS South Tyneside

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Free and impartial information, advice and support to parents, carers, children and young people with special education needs and disabilities.

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SENDIASS South Tyneside

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Free and impartial information, advice and support to parents, carers, children and young people with special education needs and disabilities.

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SENDIASS South Tyneside

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Free and impartial information, advice and support to parents, carers, children and young people with special education needs and disabilities.

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Free school transport explained: From who’s eligible to how it works

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Free school transport explained: From who’s eligible to how it works

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When choosing which schools to apply for, it is important to consider how your child will get there. Some children are eligible for free travel, but this isn't the case for everyone.

Most parents should expect to be responsible for making arrangements for their child to get to and from school.

Here, we explain everything you need to know about free school travel, from who's eligible to how it works.

Is my child eligible for free school travel?

We set the national eligibility criteria for free travel to school and your local authority is responsible for deciding whether your child meets these criteria.

Your child is eligible if they are of compulsory school age, go to their nearest suitable school and one of the following applies:

they are under 8 and the school is more than 2 miles away

they are 8 or over and the school is more than 3 miles away

they wouldn't be able to walk there safely, even if accompanied by a parent or guardian

they wouldn't be able walk there because of their special educational needs, disability or a mobility problem, even if accompanied by a parent or guardian.

If the local authority decides your child would be able to walk to school if they were accompanied, the general expectation is that you will accompany them, or make other suitable arrangements. A child will not normally be eligible for free travel solely because of their parent's work commitments or caring responsibilities.

Your child may also be entitled to free transport if you have a low family income and they are entitled to free school meals or you get the maximum Working Tax Credit and one of the following applies:

they are aged 8 to 11, go to their nearest suitable school and it's at least 2 miles away

they are aged 11 to 16 and go to a school 2 to 6 miles away - if it's one of their 3 nearest suitable schools

they are aged 11 to 16 and go to a school 2 to 15 miles away - if it's one you chose because of your religion or belief.

If your child doesn't meet the criteria above, you are responsible for arranging their travel to and from school. Some local authorities arrange travel for children who don't meet the eligibility criteria, although they are not required to. Where they choose to do so, they may charge you for the cost of it.

You can find your local authority's school travel policy through our postcode search on Gov.uk.

What is a 'suitable' school?

A suitable school is one that provides education appropriate to the child's age, ability, aptitude, and any special educational needs they may have.

If your child has an Education, Health and Care plan, the school named in their plan will usually be considered their nearest suitable school for travel purposes.

What do I need to do if I think my child is eligible?

You should check your local authority website to see the school travel policy and find out how to apply.

If your child is eligible for free school travel, your local authority will make suitable travel arrangements. For example, they might provide your child with a pass for free travel on public transport or arrange a dedicated school bus or taxi. They may expect your child to walk to a suitable pick-up point if they are able to.

My child has a special educational need or disability, what does this mean for them?

Your local authority will assess whether your child meets the eligibility criteria. They may ask for information to help them decide whether your child would be able to walk to school.

Your child doesn't need to have an Education, Health and Care plan to be eligible but having one doesn't make your child automatically eligible.

If your child is eligible, your local authority will make suitable travel arrangements for them, taking into account their needs. It may often be the case that they share a vehicle with other children.

If they have a medical condition which may affect them on the journey, your local authority will decide what arrangements they need to make to manage this.

Your local authority may offer you a personal travel budget or mileage allowance to take your child to school yourself. Some parents prefer this, but you don't have to accept it if you don't want to. If you don't accept it, the local authority will need to arrange your child's free travel.

As your child gets older, your local authority may offer them the opportunity to take part in independent travel training.

The authority will pay for this and your child will be supported, by a trainer, to learn how to travel to school independently, for example on public transport.

Learning to travel independently is an important part of preparing a child to lead a fulfilling and active adult life. If you want to know more about independent travel training, you should contact your local authority.

What if my child spends time at more than one address?

It's not normally possible to provide eligible children with travel to and from more than one address, for example if their parents don't live together. Local authorities usually only arrange travel to and from a child's main place of residence.

Your local authority's school travel policy will explain how it decides which address they will arrange travel to.

Can I appeal the local authority's decision?

Yes. There is an appeals process, published on the local authority's website, for parents to follow should they want to challenge the decision about their child's home to school travel.

If you're not happy with the way the local authority conducts your appeal, the Local Government and Social Care Ombudsman may be able to investigate. Further information can be found on the LGO website.

What about young people aged 16-25?

When a young person begins post-16 education or training, the level of school travel support changes. It is for the local authority to decide the level of support they offer and these arrangements don't have to include free or subsidised travel. More information can be found on Gov.uk.

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Free school transport explained: From who's eligible to how it works

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When choosing which schools to apply for, it is important to consider how your child will get there. Some children are eligible for free travel, but this isn't the case for everyone. Most parents should expect to be responsible for ...

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Figures from the 22-23 academic year show that on average, 4191 children and young people were suspended or permanently excluded 𝐞𝐚𝐜𝐡 𝐬𝐜𝐡𝐨𝐨𝐥 𝐝𝐚𝐲 in England.

Figures for the 23-24 academic year will be released in July.

#SchoolExclusionsWeek

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𝐒𝐜𝐡𝐨𝐨𝐥 𝗘𝘅𝗰𝗹𝘂𝘀𝗶𝗼𝗻𝘀 𝗪𝗲𝗲𝗸- 𝗪𝗵𝗮𝘁 𝗜𝘀 𝗕𝘂𝗿𝗱𝗲𝗻 𝗢𝗳 𝗣𝗿𝗼𝗼𝗳?📒

The burden of proof is a legal standard that determines if a legal claim is valid or invalid based on the evidence produced.

The burden of proof is typically required of one party and it is the party that is filing a claim that carries the burden of proof and must demonstrate that the claim is valid, so with an exclusion, this will fall to the headteacher/school.

The headteacher must use the civil standard of proof which is the balance of probabilities which means the evidence must show that it is more than likely the pupil did what they are accused of.

𝗧𝗵𝗲 𝗲𝘃𝗶𝗱𝗲𝗻𝗰𝗲 𝗺𝘂𝘀𝘁 𝗯𝗲 𝗼𝗳 𝗴𝗼𝗼𝗱 𝗾𝘂𝗮𝗹𝗶𝘁𝘆-

🟣 All lines of investigation must be followed up.

🟣 Evidence should be consistent.

🟣 How was the evidence gathered? Inappropriate tactics, leading questions, particularly aggressive approach (this can differ from pupil to pupil)

🟣 Is there evidence missing?

ℹ️ Support is available to families in reviewing and preparing evidence through the exclusions process.

#SchoolExclusionsWeek

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𝐒𝐜𝐡𝐨𝐨𝐥 𝐄𝐱𝐜𝐥𝐮𝐬𝐢𝐨𝐧𝐬 𝐖𝐞𝐞𝐤 - 𝑭𝒖𝒓𝒕𝒉𝒆𝒓 𝒔𝒐𝒖𝒓𝒄𝒆𝒔 𝒐𝒇 𝒊𝒏𝒇𝒐𝒓𝒎𝒂𝒕𝒊𝒐𝒏 𝒂𝒏𝒅 𝒔𝒖𝒑𝒑𝒐𝒓𝒕

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𝐒𝐜𝐡𝐨𝐨𝐥 𝐄𝐱𝐜𝐥𝐮𝐬𝐢𝐨𝐧𝐬 𝐖𝐞𝐞𝐤 - 𝑭𝒖𝒓𝒕𝒉𝒆𝒓 𝒔𝒐𝒖𝒓𝒄𝒆𝒔 𝒐𝒇 𝒊𝒏𝒇𝒐𝒓𝒎𝒂𝒕𝒊𝒐𝒏 𝒂𝒏𝒅 𝒔𝒖𝒑𝒑𝒐𝒓𝒕

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Having spent much of the week sharing information about School Exclusions and processes, we'd like to use some of the last posts for #SchoolExclusionsWeek to look at further information and support available.

Our service provides an Advice Line, available weekdays, to answer school exclusions queries. There's also further information about the support we can provide here: https://www.southtynesidesendiass.co.uk/

Child Law Advice & IPSEA provide helpful legal information and guidance and can be accessed via https://www.ipsea.org.uk/ and https://childlawadvice.org.uk/

Coram's School Exclusions Hub provides lots of guidance and templates to help prepare representations, this can accessed here: https://schoolexclusionshub.org.uk/prof.../resource-library/

SEND Local Offer South Tyneside includes lots of information about local services in South Tyneside that can provide additional support to families. Find out more via https://sendlocaloffer.southtyneside.gov.uk/

#SchoolExclusionsWeek

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𝐒𝐜𝐡𝐨𝐨𝐥 𝗘𝘅𝗰𝗹𝘂𝘀𝗶𝗼𝗻𝘀 𝗪𝗲𝗲𝗸 - 𝗜𝗻𝗱𝗲𝗽𝗲𝗻𝗱𝗲𝗻𝘁 𝗥𝗲𝘃𝗶𝗲𝘄 𝗣𝗮𝗻𝗲𝗹 👨🏻‍⚖️

If the school governors upholds a pupils exclusion, a parent has the right to have this decision reviewed, this is done by the IRP - Independent Review Panel.

The IRP exist to ensure that the decision to uphold an exclusion was impartial and independent as there is occasionally an existing close relationship between a head teacher and the school governors.

🟣 New Evidence can be relied upon, even if not previously available

🟣 School may not introduce new reasons. Panel must disregard any new reasons

🟣 Burden of Proof-Balance of Probabilities re-looked at.

🟣 Parent has the right to request a SEN expert to attend the IRP; impartial expert witness. Panel must seek and have regard for the SEN expert’s view.

𝗪𝗶𝘁𝗻𝗲𝘀𝘀𝗲𝘀 𝗺𝘂𝘀𝘁 𝗻𝗼𝘁 𝗯𝗲 𝗽𝗿𝗲𝘀𝗲𝗻𝘁 𝗯𝗲𝗳𝗼𝗿𝗲 𝗴𝗶𝘃𝗶𝗻𝗴 𝗲𝘃𝗶𝗱𝗲𝗻𝗰𝗲 𝗯𝘂𝘁 𝗰𝗮𝗻 𝘀𝘁𝗮𝘆 𝗮𝗳𝘁𝗲𝗿𝘄𝗮𝗿𝗱𝘀 𝘄𝗶𝘁𝗵 𝗜𝗥𝗣 𝗰𝗼𝗻𝘀𝗲𝗻𝘁

𝗡𝗼 𝗼𝗻𝗲 𝗲𝘅𝗰𝗲𝗽𝘁 𝗳𝗼𝗿 𝘁𝗵𝗲 𝗰𝗹𝗲𝗿𝗸 𝘀𝗵𝗼𝘂𝗹𝗱 𝗯𝗲 𝗮𝗹𝗼𝗻𝗲 𝘄𝗶𝘁𝗵 𝘁𝗵𝗲 𝗜𝗥𝗣, 𝗶𝗻𝗰𝗹𝘂𝗱𝗶𝗻𝗴 𝘁𝗵𝗲 𝗦𝗘𝗡 𝗲𝘅𝗽𝗲𝗿𝘁.

ℹ️ Support is available to families in preparing for the IRP meeting.

#SchoolExclusionsWeek

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Interesting Fact (Facebook Post (Square)) (74)

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Decision after Independent Review Panel (IRP)

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Decision after Independent Review Panel (IRP)

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𝐒𝐜𝐡𝐨𝐨𝐥 𝐄𝐱𝐜𝐥𝐮𝐬𝐢𝐨𝐧𝐬 𝐖𝐞𝐞𝐤 - 𝗗𝗲𝗰𝗶𝘀𝗶𝗼𝗻 𝗮𝗳𝘁𝗲𝗿 𝗮𝗻 𝗜𝗻𝗱𝗲𝗽𝗲𝗻𝗱𝗲𝗻𝘁 𝗥𝗲𝘃𝗶𝗲𝘄 𝗣𝗮𝗻𝗲𝗹👨🏻‍⚖️

The 'Principles of natural justice' will apply, which is a set of legal principles that ensure procedural fairness and fair decision making-

🟣 𝗜𝗹𝗹𝗲𝗴𝗮𝗹𝗶𝘁𝘆- Did the governing board act outside the scope of its legal powers?

🟣 𝗜𝗿𝗿𝗮𝘁𝗶𝗼𝗻𝗮𝗹𝗶𝘁𝘆 -Did the governing board rely on irrelevant points, fail to consider all relevant points, or make an unreasonable decision that no governing board acting reasonably would have made?

🟣 𝗣𝗿𝗼𝗰𝗲𝗱𝘂𝗿𝗮𝗹 𝗜𝗺𝗽𝗿𝗼𝗽𝗿𝗶𝗲𝘁𝘆 -Was the governing board consideration procedurally fair and unflawed so that justice could be done.

The Independent Review Panel must notify the parties of their decision and reasons for it without delay, it must communicate the reasons for the decision and the evidence relied on. Minutes must be taken, including in relation to the voting and decision, and must be retained for a period of at least 5 years.

The governing board must meet to reconsider the exclusion within 10 school days of the Independent Review Panel, giving notice of the decision to quash and direct or recommend reconsideration of it. The governing board must reconsider conscientiously.

The decisions of the governing board on reconsideration are challengeable in the High Court in a Judicial Review.

#SchoolExclusionsWeek

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STEPS: School Transition Experiences for with SEN project

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STEPS: School Transition Experiences for with SEN project

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STEPS: School Transition Experiences for with SEN project is about listening to the voices of young people in order to learn and try to improve this experience in the city of York.

As part of this project, 3 animations have been created using words taken from interviews with 11 Year 6 autistic pupils as they were finishing primary school and moving into Year 7 at secondary school.

You can find out more about the project, and view the animations here: Schools and Young People with SENs | York St John University

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School Exclusions Week will be returning later in 2026, and we’re already busy planning a range of events and opportunities to connect with families across South Tyneside.

If you’d like to see what we got up to during School Exclusions Week 2025, you can take a look on our website here https://www.southtynesidesendiass.co.uk/#exclusionsWeek

We’ll be sharing more details about our plans for School Exclusions Week 2026 very soon, including an exciting creative project that families will be invited to take part in.

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This website has been designed as a practical, flexible resource to support everyone working to reduce barriers to education.

At the heart of the site is the WARMTH Framework. Although the underlying reasons for young people not being in school may differ (such as absence or exclusion) the WARMTH framework is designed to be inclusive for all young people.

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The helpful podcast for families with disabled children

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The helpful podcast for families with disabled children

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In this condition specific podcast episode, ARFID awareness advocate Michelle Jacques, of ARFID Life UK shares honest, practical advice for parents navigating restrictive eating, sensory sensitivities and the rollercoaster that often comes with it.

Remove pressure

Focus on nourishment, not perfection

Understand sensory and anxiety triggers

Expect setbacks

Let go of guilt

Keep advocating

Find your community

ARFID is complex. It is not ‘fussy eating’. And it is not your fault.

If this resonates, save this post for later or share it with someone who needs to hear it.

Listen to the full podcast episode here: https://f.mtr.cool/ewafqnppnc

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Contact’s ARFID podcast episode tells one mum’s powerful story

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In our latest podcast episode, we talk to ARFID awareness advocate and mum Michelle Jacques on life with a child with ARFID

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Section I - SEND Tribunal: One Touch Case Management Pilot

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Section I - SEND Tribunal: One Touch Case Management Pilot

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From 17 August 2026, HMCTS is launching a new One Touch Case Management Pilot for eligible Section I SEND Tribunal appeals.

This pilot aims to improve timeliness, provide greater certainty for families and local authorities, and make more effective use of Tribunal hearing capacity.

Key changes include:

No provisional hearing date issued when an appeal is registered.

A structured case management timetable will be followed instead.

Standard Directions will be issued at the start of the appeal, setting out actions and deadlines for all parties.

Appeals will be reviewed approximately 12-16 weeks after registration, with further directions issued or a hearing date allocated if the case is ready to proceed.

Families involved in SEND Tribunal appeals should ensure they read and comply with all Tribunal deadlines and directions carefully.

For further information about the SEND Tribunal and the support we provide with the process, please visit our website: https://www.southtynesidesendiass.co.uk/#sendist

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We're looking for parents, carers and professionals who want to help shape SEND information, advice and support across South Tyneside.

Interested? Get in touch:

sendiass@southtyneside.gov.uk

Find out more about the Steering Group:

https://www.southtynesidesendiass.co.uk/#steeringgroup