Guidance for Northern Ireland, Scotland and Wales

How will changes to the law affect SEND provision in Northern Ireland, Scotland and Wales?

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Statementing process - guidance in Northern Ireland

Temporary legislative changes have been made to allow flexibility in both the assessment process and delivery of SEN plans, again using a new ‘best endeavours’ duty to comply with the original duty.

Additional Support Plans – guidance in Scotland

The Coronavirus Act 2020, gave official powers to Scottish Government to close schools and nurseries – ‘educational closure directions’.  While these are in place, the legal duty that local authorities provide additional support for pupils is effectively suspended.

Scottish guidance sets out that decisions about ongoing care for children with additional support needs should be made on an individual basis at a local level.

Statementing process – guidance in Wales

The Welsh Government is considering if it needs to take action under the Coronavirus Act 2020 in relation to the SEN provision by local authorities.

Welsh guidance currently suggests local authorities should continue to provide services wherever possible using a practical and flexible approach, including remote options where possible.

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