1. Updates

2. Case Law Update - RB v Calderdale MBC In this update the Upper Tribunal reversed a decision of the First-tier Tribunal and ordered a local authority to carry out an EHC needs assessment for teenage boy with significant health problems resulting in a relevant ‘disability’. The Upper Tribunal emphasised that the key question at the assessment stage was only whether it may be necessary for special educational provision to be made in accordance with an EHC Plan.

3. Special Free Schools From 2019 to 2020, funding for special free school places will be included in local authorities’ high needs allocations. Funding for these places will be deducted from local authorities’ high needs allocations by ESFA, and paid directly to schools, as for special academies. However, a local authority with a special free school will receive additional funding for places at the school, based on the process set out in in this document, in a way that ensures this does not result in an unfunded cost for that local authority.  

4. SEND Capital funding Local authorities must ensure there are sufficient good school places for all pupils, including those with SEN and disabilities. In March 2017, the Government committed £215 million of capital funding from 2018 to 2021 to help local authorities create new school places and improve existing facilities for children and young people with SEN and disabilities, in consultation with parents and providers. In May 2018, we announced a £50 million increase to this fund and in December 2018 a further £100 million to local authorities, taking the total investment in this fund to £365 million. Individual allocations are published at: This capital funding is not ring-fenced and local authorities can use it as they see fit to improve special provision for children and young people with education, health and care (EHC) plans.

5. www. disabilityrightsuk