The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020

These Regulations may be cited as the Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 and come into force on 1st May 2020.

The Special Educational Needs and Disability Regulations 2014^f1 are amended as follows.

In regulation 2(1) (interpretation), at the appropriate place insert—

• ““coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);”.

After regulation 2 (interpretation) insert—

“Relaxation of time periods due to coronavirus exception

2A.

(1)

Where the coronavirus exception applies, any requirement in any of the regulations specified in paragraph (3) for action to be taken within a specified period of time or by a certain day is to be read instead as a requirement for such action to be taken as soon as reasonably practicable.

(2)

The coronavirus exception applies where it is not reasonably practicable for a person to meet a requirement referred to in paragraph (1) for a reason relating to the incidence or transmission of coronavirus.

(3)

The following regulations are specified for the purposes of paragraphs (1) and (2)—

(a)

regulation 15(2) (transfer of EHC plans) (in relation to the second reference to 15 working days), (4), (5), (7) (in relation to the second reference to 15 working days) and (8);

(b)

regulation 16(2) and (3) (change of responsible commissioning body);

(c)

regulation 20(9) and (10) (review where the child or young person attends a school or other institution);

(d)

regulation 21(7), (8) and (9) (review of EHC plan where the child or young person does not attend a school or other institution);

(e)

regulation 25(1) (notification of decision whether it is necessary to re-assess educational, health care and social care provision);

(f)

regulation 27(4) (amending or replacing an EHC plan following a re-assessment);

(g)

regulation 33 (requirement to consider mediation);

(h)

regulation 34(1) and (2) (where a parent or young person does not wish to or fails to pursue mediation);

(i)

regulation 35(2), (3) and (4) (mediation – health care issues);

(j)

regulation 36(2) (mediation - no health care issues);

(k)

regulation 39(1) and (3) (mediation certificate under section 55(5));

(l)

regulation 42(3) and (4) (steps to be taken by a local authority);

(m)

regulation 44(2)(d), (e), (f) and (h) (compliance with the orders of the First-tier Tribunal);

(n)

regulation 45(4), (5) and (6A) (unopposed appeals);

(o)

regulation 47 (disclosure of EHC plans in relation to higher education); and

(p)

regulation 56(3) (publication of comments on the local offer).”.

In regulation 4 (determination whether or not special educational provision may be necessary), after paragraph (2) insert—

“(3)

The local authority need not comply with the time limit referred to in paragraph (1) if it is impractical to do so because of a reason relating to the incidence or transmission of coronavirus.”.

In regulation 5(4) (decision whether or not to conduct an EHC needs assessment)—

In regulation 8(2) (duty to co-operate in EHC needs assessments)—

In regulation 10(4) (decision not to secure an EHC plan)—

In regulation 13(3) (timescales for EHC plans), for “(d)” substitute “(e)”.

After regulation 18 (circumstances in which a local authority must review an EHC plan) insert—

“Circumstances in which it is not necessary to review an EHC plan

18A.

(1)

It is not necessary for a local authority to review an EHC plan in accordance with section 44(1) of the Act if it is impractical to do so because of a reason relating to the incidence or transmission of coronavirus.

(2)

Where paragraph (1) applies, a local authority must instead conduct such reviews as soon as reasonably practicable.”.

In regulation 22 (amending an EHC plan following a review), after paragraph (5) insert—

“(6)

The local authority need not comply with the time limit referred to in paragraphs (3) and (4) if it is impractical to do so because of a reason relating to the incidence or transmission of coronavirus.”.

In regulation 27(3) (amending or replacing an EHC plan following a re-assessment)—

In regulation 45 (unopposed appeals), after paragraph (7) insert—

“(8)

The local authority need not comply with the time limits specified in paragraph (3A) if it is impractical to do so because the circumstances referred to in regulation 10(4)(e) apply.”.

The Special Educational Needs (Personal Budgets) Regulations 2014^f1 are amended as follows.

In regulation 2 (interpretation), at the appropriate place insert—

• ““coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);”.

After regulation 2 (interpretation) insert—

“Relaxation of time period due to coronavirus exception

2A.

(1)

Where the coronavirus exception applies, the requirement for the local authority to review the making and use of direct payments within the first three months of them being made in regulation 11(2)(a) (monitoring and review of direct payments) is to be read instead as a requirement for such action to be taken as soon as reasonably practicable.

(2)

The coronavirus exception applies where it is not reasonably practicable for the local authority to meet the requirement specified in regulation 11(2)(a) for a reason relating to the incidence or transmission of coronavirus.”.

The Special Educational Needs and Disability (Detained Persons) Regulations 2015^f1 are amended as follows.

In regulation 2(1) (interpretation), at the appropriate place insert—

• ““coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);”.

After regulation 2 (interpretation) insert—

“Relaxation of time periods due to coronavirus exception

2A.

(1)

Where the coronavirus exception applies, any requirement in any of the regulations specified in paragraph (3) for action to be taken within a specified period of time or by a certain day is to be read instead as a requirement for such action to be taken as soon as reasonably practicable.

(2)

The coronavirus exception applies where it is not reasonably practicable for a person to meet a requirement referred to in paragraph (1) for a reason relating to the incidence or transmission of coronavirus.

(3)

The following regulations are specified for the purposes of paragraphs (1) and (2)—

(a)

regulation 15(1) and (4) (needs assessments which are not completed);

(b)

regulation 16(2), (3) and (4) (transfer of a kept EHC plan);

(c)

regulation 17(1) and (2) (restriction on disclosure of EHC plans);

(d)

regulation 19 (requirement to consider mediation);

(e)

regulation 20(1) and (2) (where the appropriate person does not wish to or fails to pursue mediation);

(f)

regulation 21 (mediation);

(g)

regulation 24(1) and (3) (mediation certificate under section 55(5) of the Act);

(h)

regulation 27(3) (steps to be taken by a home authority);

(i)

regulation 29(2) and (6) (compliance with the orders of the First-tier Tribunal); and

(j)

regulation 30(3) and (6) (unopposed appeals).”.

In regulation 4 (determination whether or not special educational provision may be necessary), after paragraph (2) insert—

“(3)

The local authority need not comply with the time limit referred to in paragraph (1) if it is impractical to do so because of a reason relating to the incidence or transmission of coronavirus.”.

In regulation 5(4) (decision whether or not to conduct a detained person’s EHC needs assessment)—

In regulation 8(2) (duty to co-operate in a detained person’s EHC needs assessment), at the end of sub-paragraph (d) insert—

“; or

(e)

of a reason relating to the incidence or transmission of coronavirus”.

In regulation 10(4) (decision not to secure an EHC plan)—

In regulation 13(3) (timescales for EHC plans), for “(c)” substitute “(d)”.

In regulation 29 (compliance with the orders of the First-tier Tribunal)—

In regulation 30(7)(c) (unopposed appeals), after “10(4)(a)” insert “or (d)”.

The Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017^f1 are amended as follows.

In regulation 2 (interpretation), at the appropriate place insert—

• ““coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);”.

After regulation 2 (interpretation) insert—

“Relaxation of time periods due to coronavirus exception

2A.

(1)

Where the coronavirus exception applies, any requirement in any of the regulations specified in paragraph (3) for action to be taken within a specified period of time or by a certain day is to be read instead as a requirement for such action to be taken as soon as reasonably practicable.

(2)

The coronavirus exception applies where it is not reasonably practicable for a person to meet a requirement referred to in paragraph (1) for a reason relating to the incidence or transmission of coronavirus.

(3)

The following regulations are specified for the purposes of paragraphs (1) and (2)—

(a)

regulation 6(3) and (6) (responding to health care recommendations); and

(b)

regulation 7(1) and (4) (responding to social care recommendations).”.

(This note is not part of the Regulations)