It is a statutory requirement for every local authority to produce a ‘local offer’

To find the local offer for your area search [local offer] and [Name of your local authority]

CAFA (2014) section 30 sets out the information that must be included on a local offer. Children and Families Act 2014 (legislation.gov.uk)

Examples of information that must be included on your local offer;

• Education, Health and Care Provision that is available to children and young people who have SEND from 0-25.

• Alternative Provision.

• School Transport.

• Preparation for Adulthood

Examples of questions which the local offer should provide answers to.

• How do I access direct payments?

• What schools are attended by children from my local authority? (This must include ALL schools)

• I think my child is autistic what is the assessment process?

• My 18 year old would like to live independently, how do we apply for supported living?

• What is the criteria for the children with disabilities team?

Once you have exhausted the complaints process of your local authority you can submit your complaint to the LGO and request they investigate.

There are a number of potential outcomes including reconsideration of decisions and financial recompense.

LGO decisions are published on their website. Check if your LA have a history of similar complaints. You can reference previous LGO decisions against your LA to bolster your case.

https://www.lgo.org.uk/

The overview and scrutiny panel sit at regular intervals monthly - quarterly. It depends on your LA. Search [LA Name] + [Overview and scrutiny] there will be a number of different panels, search for children’s.

The agenda and reports that are produced as part of the work will be published. The panel meeting recorded and available for public viewing.

How can this help you?

If you are having issues around EHCP’s, Social care, Diagnosis etc you can look to see if these issues have been discussed. It tends to be senior management/directors who appear at scrutiny and the questions they are asked can be quite probing, in the main the answers they give will be truthful if maybe a little polished ahem but definitely closer to the truth than elsewhere. You can find out what is really happening locally.

You have the right to request information from any public body, and get answers. WhatDoTheyKnow helps you make a Freedom of Information request for free. It also publishes all requests online.

How can this help you?

This site makes it easy to do an FOI for data held by your local authority (or other government /public sector). The template is online and the request will then be automatically sent to the correct department. You will receive prompts if you do not receive a timely response.

You can search through their database of previous requests. Lots of useful information to be found.

https://www.whatdotheyknow.com/

Cerebra provide a number of services including a toy and book library.

Their parent guides are fantastic, accessible and cover a range of topics. The DLA guide is really useful and will help you complete DLA forms.

https://cerebra.org.uk/get-advice-support/

A SAR is a request for access to personal data.

You can request data held about you and your child from school and/or your local authority.

Information must be provided within one month of the request.

How can this help?

You should receive all information that has been recorded about your child. including academics and internal records.

email info@sendhelpyou.co.uk for a template to make your request

An accessible guide to SEND case law written by David Wolfe KC Matrix and Leon Glenister Landmark.

https://www.landmarkchambers.co.uk/wp-content/uploads/2022/11/Noddy-No-nonsense-Guide-to-SEN-law-2022-Nov-update.pdf

Data about all things SEND.

Specify by LA to see how your area performs.

https://www.gov.uk/government/collections/statistics-special-educational-needs-sen

IPSEA have a wealth of resources including:

• Legal Guides

• Templates

• Helpline

• Training

https://www.ipsea.org.uk/

The Witherslack Group have a number of free webinars covering a range of topics.

• EHCP’s

• Autism

• ADHD

• SEMH

• Speech

https://www.witherslackgroup.co.uk/how-can-we-help/parents-and-carers/our-support-for-you-and-your-child/webinars/

The Children and Families Act [CAFA] (2014) is statutory legislation that has been passed by Parliament, which makes them law. Breaching of an act creates liability enforceable in court.

CAFA (2014) sets out the legal framework for how children's services and special educational needs and disabilities (SEND) are provided. It outlines the responsibilities of local authorities, schools, and other agencies to ensure that children and young people with SEND receive the support they need to achieve their full potential

https://www.legislation.gov.uk/ukpga/2014/6/contents/enacted

SEND Code of Practice [SENDCOP] (2015) is a statutory guidance document that sets out the practical implications of the SEND provisions of the Children and Families Act 2014 and SEND Regs 2014.

It provides guidance to local authorities, schools, and other agencies on how they should work together to identify, assess, and meet the needs of children and young people with SEND. It also includes guidance on the process for making EHCPs and the support available to families and carers.

Guidance (AKA Codes of Practice) sit below acts and regulations. A breach of guidance or codes of practice is not necessarily an offence and would need to be directly linked back to the primary act offence.

Within the SENDCOP 2015 where guidance states ‘must have regard” there is the expectation for guidance to be followed there must be good reason for guidance not to be followed.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/398815/SEND_Code_of_Practice_January_2015.pdf

Special Educational Needs and Disability Regulations (2014) SEND Regs (2014) is a set of regulations that provide more detailed guidance on how the SEND provisions of the Children and Families Act (2014) should be implemented. It covers areas such as the assessment and planning process for children with SEND, the provision of education, health, and care plans (EHCPs), and the role of parents and young people in decision-making.

Regulations are supplementary to acts. They link to existing acts and they are designed to aid a person to apply the principles of the primary act. Essentially, they are formal guidelines, and breaching them is not necessarily enforceable in courts.

An authority must have good reason to breach regulations.

https://www.legislation.gov.uk/uksi/2014/1530/contents/made

https://www.specialneedsjungle.com/

https://councilfordisabledchildren.org.uk/resources/all-resources

You may qualify for Legal Aid. Check if you qualify

https://www.gov.uk/check-legal-aid

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1136965/Summary_of_responsibilities_where_a_mental_health_issue_is_affecting_attendance.pdf