**NEWSFLASH** SEND LEGISLATIVE CHANGES – EXPIRY OF S42 MODIFICATION NOTICE

Dear Colleague,

We would like to inform you that the notice modifying the duty on local authorities to secure or arrange the special educational and health care provision specified in children and young people’s EHC plans will expire today(31/.7/2020).

This follows the Secretary of State’s announcement on 2 July that, unless the evidence changes, we will not be issuing further national notices to modify this duty. Our focus will increasingly be on supporting local authorities, health commissioning bodies and education settings as they work towards full provision being restored for all children and young people with EHC plans.

The Regulations that we made to provide additional flexibility over the statutory timescales for various EHC needs assessment and plan processes remain in force and currently last until 25 September 2020 and we are keeping this under close review. We are expecting Ministers to decide next month how long the Regulations should remain in force.

We have taken the opportunity to publish a minor update to Changes to the law on education, health and care needs assessments and plans due to coronavirus.

Regards

Special Educational Needs and Disability (SEND) Division

https://www.gov.uk/government/publications/changes-to-the-law-on-education-health-and-care-needs-assessments-and-plans-due-to-coronavirus