I would like to know if the LA, rather than the school, should lead when the grounds for asking for an emergency EHCP review involve a safeguarding issue in school.
My child has a neuro-degenerative disease and has been physically restrained without any consideration of the potential to harm him. The LADO is investigating, but the LA is delegating the EHCP review to the school. Is it the case that the LA should take the lead where safeguarding part of the reason for an EHCP review?
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- 30 May 2025
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You said:
I would like to know if the LA, rather than the school, should lead when the grounds for asking for an emergency EHCP review involve a safeguarding issue in school.
ChatGPT said:
“This is a draft answer for you to amend, copy and paste and then publish on the Support SEND Kids website in your own name, and at your discretion. This draft is based on content already on the Support SEND Kids website including the No-nonsense guides and the relevant statutes, regulations and case law. I will provide you with a fairly lengthy draft as it is easier to delete than add!
It will start with simple summaries at the beginning (the first is designed for children (age 6) and the second for adults who need easier reading) which may be helpful for you to include when you publish as it improves access to the law and makes the Support SEND Kids website content more accessible.”Categorisation of this question
Answer: UNCLEAR
Complexity: COMPLEXSuper Simple summary to help a parent explain the law to a child
If something dangerous or unsafe happens to you in school and it is linked to your support plan (called an EHCP), the people who are in charge need to fix things fast. The people who run schools (teachers and headteachers) and the people who run services (the local authority) must work together. If the danger is serious, like someone being hurt, the big bosses at the council (local authority) usually have to take the lead to keep you safe.Summary in simple English
When something happens in school that puts a child at risk and that risk is connected to their Education, Health and Care Plan (EHCP), the local authority (LA) is responsible for making sure everything in the plan still works to keep the child safe and meet their needs. This includes deciding if an early review of the EHCP is needed. Although schools must report safeguarding concerns and may ask for a review, the LA is legally responsible for arranging and managing EHCP reviews—including emergency ones. If the safeguarding issue relates to something in the EHCP not working, the LA must act quickly and lead the emergency review process.Draft technical answer
Under the statutory scheme set out in the Children and Families Act 2014 and the Special Educational Needs and Disability Regulations 2014, the local authority (LA) retains ultimate legal responsibility for securing the provision specified in an Education, Health and Care Plan (EHCP). This responsibility does not transfer to the school or other setting, regardless of where the child or young person is placed.When a safeguarding concern arises in school and it appears to be linked to a failure or insufficiency of the support arrangements specified in an EHCP, or otherwise calls into question the suitability of the provision, placement, or type of setting named in the EHCP, the matter falls squarely within the scope of the LA's duties. In such a situation, the LA should be expected to lead and coordinate an emergency review of the EHCP.
Legal framework:
Section 42 of the Children and Families Act 2014 places a duty on the LA to secure the special educational provision specified in an EHCP.
Regulation 2 and 18 of the Special Educational Needs and Disability Regulations 2014 set out the duty to arrange reviews of EHCPs, including where there is reason to believe the plan may need to change due to changes in circumstances.
Paragraph 9.173 of the SEND Code of Practice 2015 confirms that EHCP reviews must be held when a local authority believes that a review is necessary.
Safeguarding and interagency responsibilities:
If a safeguarding issue arises that relates to or affects a child’s access to the support described in the EHCP, this may constitute a "significant change in circumstances" warranting an immediate or emergency review. While schools and designated safeguarding leads are responsible for making safeguarding referrals under Keeping Children Safe in Education (KCSIE) and Working Together to Safeguard Children, they do not carry the legal duty to amend or reconfigure an EHCP.Instead, the LA must:
Consider whether the safeguarding incident has altered the child’s needs or provision.
Decide whether the setting remains suitable (especially if the setting is the source of the risk).
Convene and lead the EHCP review if the plan may require changes.
In practice, schools may be first to raise the issue, but the LA is responsible for convening and coordinating any emergency EHCP review if the circumstances indicate a breakdown in provision or an urgent need to revise the EHCP. A safeguarding incident may reveal that the EHCP is not effectively protecting or supporting the child or that the placement is no longer appropriate.
Conclusion
Yes—the local authority should lead where safeguarding concerns within school give rise to a request for an emergency EHCP review. While schools must report and respond to safeguarding concerns, it is the legal duty of the local authority to determine whether the EHCP needs urgent revision and to initiate the process accordingly.Answers from the No-nonsense Guides
No-nonsense Guide to SEN law
Q20 > What if something urgent happens and we need to change the EHCP immediately?The law does not mention “emergency reviews” but local authorities can call a review of an EHCP at any time if they think one is needed. It is good practice to hold an early or emergency review if something significant has changed such as a sudden breakdown in provision or placement or a serious safeguarding concern. This review should involve the school, health and social care if needed and parents or carers. The local authority must then decide if they need to amend the EHCP.
Answers from the Support SEND Ask Experts
> What is an emergency EHCP review? And who decides when one is needed?
An emergency EHCP review is not defined in law, but if there has been a significant change—such as a safeguarding issue, placement breakdown or serious incident—the local authority has the power (and arguably the duty) to call a review under the Children and Families Act 2014 and the SEND Regulations. Schools or parents can request this, but only the local authority can convene it officially.
Relevant Statutes, Regulations, Codes and Case Law
Children and Families Act 2014 s42 – duty of the local authority to secure special educational provision
Special Educational Needs and Disability Regulations 2014, Regulation 18 – review of EHCPs
SEND Code of Practice 2015, Paragraph 9.173 – when reviews must be held
Working Together to Safeguard Children
Keeping Children Safe in Education (2023)
Practical hints and tips
If you are a parent or carer concerned about safeguarding and EHCP provision, write directly to the LA’s SEND caseworker and designated officer for safeguarding with a dated request for an urgent EHCP review.
Keep written evidence of the safeguarding concern and link it explicitly to failures or changes in EHCP support.
Ask the school to confirm in writing if they support the need for a review and have raised the issue with the LA.
Refer to Paragraph 9.173 of the Code of Practice and Regulation 18 to support your argument that an emergency review is required.
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- 16 May 2025
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Yes
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Simple
Super Simple summary to help a parent explain the law to a child
If you are not safe at school or something scary is happening and you have an Education, Health and Care Plan (EHCP), then adults must act fast to help you. The council is in charge of making sure your EHCP works properly, so if something goes wrong, like a big safety worry, the council should step in and lead a meeting to fix it. The school must help, but the council is the one in charge.
Summary in simple English
If there is a serious safeguarding concern affecting a child with an Education, Health and Care Plan (EHCP), this is enough reason to request an emergency review of the plan. Although schools can and should raise the alarm, the legal duty to ensure the EHCP is reviewed and stays appropriate lies with the local authority (LA). In urgent cases involving safeguarding, the LA should take the lead in organising and conducting the emergency review. This ensures the EHCP remains suitable and up to date, and the child is kept safe and supported properly.
Draft technical answer
Where the basis for requesting an emergency review of an Education, Health and Care Plan (EHCP) is a safeguarding issue occurring within the school setting, the local authority (LA) retains the statutory duty to secure the provision set out in the EHCP and to ensure that the EHCP remains appropriate.
This responsibility arises under section 42 of the Children and Families Act 2014, which places the legal duty on the LA—not the school—to secure the special educational provision specified in the EHCP. Where a safeguarding issue raises questions about the suitability of the child’s current placement or the effectiveness of the provision, the EHCP may need to be reviewed urgently under the mechanism provided in paragraph 9.193 of the SEND Code of Practice 2015, which allows for an early or emergency review outside of the usual annual cycle.
The SEND Code of Practice makes it clear that:
The local authority must arrange reviews of EHCPs at least annually (paragraph 9.168), and more frequently if necessary;
The EHCP must always reflect the child or young person’s current needs and situation (paragraph 9.169);
Paragraph 9.193 specifically allows for an EHCP review to be triggered earlier than usual “where there is a significant change in the child or young person’s needs or circumstances, for example a serious incident or safeguarding issue”;
In such cases, the LA should convene the review meeting as soon as practicable.
Although schools are expected to cooperate with the LA and may initiate concerns, they cannot themselves amend an EHCP or make the statutory decisions about its contents or whether a different placement is necessary. Moreover, where a safeguarding issue may indicate that the current placement is no longer suitable or that adjustments to provision are required urgently, the local authority must respond and lead the process to ensure compliance with the EHCP and the child’s legal entitlements.
This interpretation is supported by caselaw that confirms the LA’s continuing responsibility for the delivery and appropriateness of special educational provision, including in situations of breakdown or emergency. For example:
In R (N) v North Tyneside Borough Council [2010] EWCA Civ 135, the Court of Appeal reaffirmed the LA's responsibility for securing provision under a statement (now EHCP) regardless of practical or resource difficulties.
Accordingly, when safeguarding concerns indicate a possible change in need or placement suitability, the LA must not defer to the school but must act, and in emergency situations, that means convening and leading an early EHCP review.
Answers from the No-nonsense Guides
Noddy No-nonsense Guide to SEN law
Q51>>Can an EHCP be reviewed early or only annually?
Answer: “An EHCP must be reviewed at least once a year (section 44 Children and Families Act 2014 and SEND Regulation 2). But there is nothing to stop the EHCP being reviewed more often – for example when things go wrong or the school says it cannot meet need. The SEND Code of Practice (paragraph 9.193) says that a review can be called early if there is a ‘significant change’ in circumstances.”No-nonsense Guide to Disability Law in Education
>I would like to know if the LA, rather than the school, should lead when the grounds for asking for an emergency EHCP review involve a safeguarding issue in school....> What if my child is being bullied or otherwise not safe at school?
Answer: “The school has legal duties to safeguard your child (under the Children Act 1989 and s175 Education Act 2002) and the local authority has legal duties to ensure the EHCP is suitable and the placement is still appropriate. If the bullying or safety concerns mean the EHCP is no longer working, you should ask the local authority to carry out an early or emergency review.”Answers from the Support SEND Ask Experts
https://supportsendkids.org/questions/ehcp-safeguarding-review/
Question: Can we ask for an emergency EHCP review due to safeguarding problems in school?
Answer: “Yes. If there is a serious safeguarding issue, and it’s affecting your child’s ability to access the support set out in their EHCP, then this could trigger a need for an urgent review. The local authority has a legal duty to ensure the EHCP remains appropriate (s42 CFA 2014). Paragraph 9.193 of the SEND Code of Practice confirms an early review should be convened if there’s been a significant change in needs or circumstances—including safeguarding issues.”Relevant Statutes, Regulations, Codes and Case Law
Children and Families Act 2014 – section 42
Children and Families Act 2014 – section 44
SEND Regulations 2014 – Regulation 2
SEND Code of Practice 2015 – paragraph 9.193
Education Act 2002 – section 175
Children Act 1989
R (N) v North Tyneside Borough Council [2010] EWCA Civ 135 – Case link via BAILII
Practical hints and tips
Where possible, make your written request to the LA and clearly refer to paragraph 9.193 of the SEND Code of Practice to frame the need for an early review.
Reference the safeguarding concern explicitly and explain why it shows that the current provision or placement may no longer be appropriate.
Consider copying in the Designated Safeguarding Lead (DSL) at the school, but focus your communication on the LA as the statutory decision-maker.
If the LA refuses or delays the review, keep written records and consider raising a complaint or seeking legal advice.
In some urgent cases, interim safeguarding or alternative provision arrangements may need to be put in place while the EHCP review proceeds.
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