Hannah Lynch
Hannah is a barrister specialising in Education, Special Educational Needs and Local Government law. Hannah advises and represents local authorities schools, families and young people in cases before the First-Tier Tribunal (SEND) and Upper Tribunal; and in judicial review proceedings. Hannah writes for various publications on Education law issues; and was a speaker at the 2017 Jordans SEN conference.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2014
Membership
- First-Tier Tribunal (SEND) User Group
- Family Law Bar Association
- Criminal Bar Association
Education
- 2006-2009: BA Law (Jurisprudence), Jesus College, Oxford, 2:1
- 2009-2010: LLM, Nottingham University
- 2010- 2011: BPTC, Kaplan Law School, Very Competent
2 Contributions by Hannah Lynch
PRACTICE NOTES
EHC needs assessments and EHC plans in England: statutory duties, required advice, timescales, drafting pitfalls, and naming mainstream or specialist placements, including EOTAS and SEND Tribunal appeal scope
The principal statute governing Education, Health and Care (EHC) plans is the Children and Families Act 2014 (CFA 2014). Sections 36–51 of the CFA 2014 cover EHC needs assessments and EHC plans. These provisions are supplemented by: the Special Educational Needs and Disability Code of Practice (COP), Chapter 9; the Special Educational Needs and Disability Regulations 2014, SI 2014/1530; and case law from 2014 onwards, in which the Upper Tribunal and other courts have interpreted the legislation, the regulations and the COP, and how they interrelate. This Practice Note concentrates on the rules for EHC needs assessments and the format and content of EHC plans. For guidance on who may request an EHC assessment and the factors local authorities (LAs) must consider when deciding whether an EHC assessment is required, see Practice Note: When must a local authority carry out an EHC needs assessment? For further reading on matters concerning EHC needs assessments and EHC plans for young people over 19, see Practice Note: Post-19 education for young people with special educational needs.
What must an EHC plan contain?
set out a child’s needs
specify the provision required to
...
Local Government
PRACTICE NOTES
EHC plans and post‑19 SEND education in England: assessments, placements (mainstream/specialist), maintenance or cessation to 25, capacity and preferences, Local Offer and five‑day provision
Part 3 of the Children and Families Act 2014 (CFA 2014)
Part 3 of the CFA 2014 sets out the primary statutory framework for children and young people in England who have special educational needs or disabilities (SEND). It brings in ‘Education, Health and Care plans’ (EHC plans), which specify the support that must be delivered to meet identified educational needs. This support can be available to young people up to the age of 25 throughout England.
See Practice Note: Special educational needs in England under the Children and Families Act 2014. For the position in Wales, see Practice Note: Special educational needs law in Wales, respectively.
Compulsory school age runs until the last Friday in June in the year a young person turns 16. For the purposes of the CFA 2014, anyone above compulsory school age but under 25 is treated as a ‘young person’.
Young people with Special Educational Needs (SEN) who wish to pursue further education are entitled to have their EHC plan maintained up to age 25 where their learning outcomes have not yet been achieved, and where further education is both appropriate and necessary in order to enable them to access the educational provision of their choice...
Local Government
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