SEND and the law

13th April 2023

The UK law provides protection to people with disabilities and promotes their rights and welfare. Leeds Mencap are not legal experts, this page has been created to assemble key SEND legislation but we cannot offer legal advice.

Explore relevant legislation below.

Disability Living Allowance (DLA)

20th September 2022

What is DLA

Disability Living Allowance (DLA) is a non-means tested benefit that can help with the extra costs of looking after a child:

• who is under 16, and
• has difficulties walking or needs much more looking after than a child of the same age who does not have a disability.

It does not have a negative effect on other benefits you may be claiming and, depending on the level of your income, it may also increase the amount of Universal or tax credit you can claim. You may also be entitled to carers allowance.

There’s a list of eligibility criteria that your child will need to meet. Take a look at the GOV.UK website to find out more.

How much DLA is my child entitled to

DLA is split into two parents: the care component and the mobility component.

The care component

Can be claimed from 0 years.

The care component is based on how much care and supervision your child needs and is split into 3 rates.

• High rate: if your child needs frequent supervision throughout the day and night.

• Middle rate: if your child needs supervision throughout the day or night.

• Lower rate: if your child needs extra care for at least an hour of the day, but not at night.

You do not have to 'choose' which rate you are applying for - the Department for Work and Pensions (DWP) will read your application and evidence and make a decision.

The mobility component

The mobility component is based on your child's ability to walk and how hard they find it to get around places that they don't know well.

This is split into 2 rates.

• Higher rate: For children aged 3+. This is usually awarded to children with severe physical difficulties who cannot walk. It may also be awarded to children with severe learning disabilities who receive high rate care component and they exhibit dangerous and disruptive behaviour or refusal episodes. If your child has a learning disability or autism spectrum disorder they may qualify for this rate.
• Lower rate: For children aged 5+. Awarded if your child needs someone to guide or supervise them on unfamiliar routes and they needs more help getting around than a child of the same age who doesn't have a health condition.

If your child has a learning disability or autism spectrum disorder they may qualify for higher rater mobility. This guide by Contact breaks down the qualifying criteria for higher rate mobility component for children with learning disabilities.

How to claim DLA

There are 2 ways to apply for Disability Living Allowance:

1. Printing off and filling in the DLA claim form. you can find notes to help with completing the form here:https://assets.publishing.service.gov.uk/media/6735e4bb54652d03d5161148/notes-on-how-to-fill-in-the-dla-claim-form-for-children.pdf
2. Phoning the Disability Living Allowance helpline on 0800 121 4600 and asking for a printed form.

We recommend calling the DLA helpline, as this will mean your claim can be back-dated from the time you called.

Once you have the form, take some time to prepare by:

• Reading through the questions and thinking about your answers.
• Keeping a diary for 1 to 2 weeks, use it to write down all the things you do for your child.
• Speak to your child's school or nursery for a supporting statement about your child's needs. This is Q38 on your DLA form (pages 10-11) and could come from a key worker, class teacher or SENCO. They may also be able to help with Q67 and Q68 (pages 29-30) and be able to provide you with copies of reports or behaviour plans.
• Photocopy any letters, reports of EHCPs that you want to include in the claim.

Our guidance booklet provides a template for your diary and behaviour log.

What to focus on

It can help to focus on the following things when submitting your DLA claim:

• Specific examples or scenarios that show the ways your child needs support – make a note of how long it takes you to provide this support.
• Any guidance or supervision your child needs in unfamiliar places.
• How many days a week are ‘good’ days versus ‘bad’ days.
• Any non-physical ways your child is affected by their condition including anxiety or depression.
• How their care needs differ from other children of the same age.

Don’t feel bad about dwelling on negatives, while this certainly doesn’t paint the full picture of who your child is, it’s important to show their highest levels of needs in your form.

Support for filling in a claim form

Irwin Mitchell and Carers Leeds have put together a step-by-step guide to completing the DLA claim form. It includes useful tips and tricks to help you avoid the pitfalls when filling in this form: Applying for the Disability Living Allowance: A New Resource For Parents And Carershttps://www.irwinmitchell.com/news-and-insights/newsletters/turning-point/feb-22-applying-for-the-disability-living-allowance-a-new-resource-for-parents-and-carers

More information about DLA

The GOV.UK website has lots of information about Disability Living Allowance including the current rates for children, what changes you need to report and what happens when your child turns 16.

Education, Health and Care Plan (EHC plan or EHCP)

20th September 2022

What is an EHCP

An Education Health and Care Plan (EHCP) is a legal document for a child or young person up to the age of 25 with special educational needs and disabilities (SEND). It describes their educational, health and social care needs and the help they will get to meet them.

The plan is all about making sure children and young people receive the support they need to achieve their life goals.

In Leeds, EHCPs are created, reviewed and monitored by the SENSAP (Special Educational Needs Statutory Assessment and Provision) Team.

Watch this short video from Leeds City Council to learn more about EHCPs:

Read transcript (PDF)

EHCP assessments and reviews

At present, we are aware people are experiencing delays in the EHCP assessment process and that SENSAP are reviewing their procedures. For updates from SENSAP about the system and process - check Leeds Local Offer page.

Before applying for an EHCP, school will have to show they have carried out targeted interventions and that the child or young person is still not making expected progress. Schools do this by following the graduated response process. Read about the support schools should provide before applying for an EHCP, and about the graduated response cycle here.

A parent/carer can submit a request for an EHCP independently, without input from the child's school or setting. However, we recommend discussing with your child's settings if you think they may need an EHCP. The process is very evidence driven, and takes on the views of many professionals - so it's good to have a discussion with school to ensure they are in the process of collecting sufficient evidence about your child's need and progress. School can then help you with making your request.

Within 6 weeks of making your request, a Multi-agency panel meeting will be held. During this meeting a decision will be made about whether or not to carry out an EHCP assessment.

Following the assessment, if it’s agreed that your child needs an EHCP, evidence from professionals (including class teachers, medical professionals and educational psychologists) will be gathered and a draft plan will be made.

This will be disused in a next steps meeting. Following this, a final version of the plan will be issued. This final EHCP should be issued within 20 weeks of the initial request.

EHCPs are usually reviewed every 12 months, starting from the date of the first final EHCP. The review meeting will look at what progress has been made towards the outcomes specified in the EHC plan, and recommend what changes may need to be made considering this and the views of the young person.

Further support and information

Our family support team are happy to answer any questions you might have about EHCPs. We can also signpost you to further information or support. Call us on 0113 235 1331 or email info@leedsmencap.org.uk

View all documents relating to EHCPs on the Leeds Local Offer website. This includes monthly updates from the SENSAP team regarding the process across the city.

Visit the Leeds City Council website to find information about EHCPs including how to apply for an application form and what to do if you’re unhappy with a decision about your child’s EHCP.

SENDIASS run online information sessions discussing topics such as SEND support in mainstream schools, EHCP assessments and refusal to assess appeals. View upcoming sessions on their website.