School holidays are usually viewed as a much-needed break for children, providing time for rest and recreation away from the classroom. However, for children who have Special Educational Needs and disabilities (SEND), these breaks can pose unique challenges. The absence of school-based support and structure can lead to regression academically, socially and emotionally. This means that children lack access to critical therapies and support during this holiday period. In light of this, special educational provision during the school holidays has become an increasingly important consideration for parents.
The Importance of Continued Support:
For many children with SEND, the school year is a time when they receive tailored support designed to help them succeed academically, socially, and emotionally. This often includes Individual Education Plans (IEPs), Speech and Language Therapy, Occupational Therapy, or emotional support services. However, during school holidays, such support often stops, leaving children and families to navigate the break without the resources and support they require.
The risk of regression in key skills, such as communication, social interaction, and academic achievement, is a significant concern. For many families, finding suitable childcare during holidays is challenging. This is especially true for those who need specialised support for their child’s particular needs.
How to secure provision outside of term time:
Education, Health and Care Plans (EHCP) includes special educational provision, within Section F, which must be delivered to a child or young person when they are at school/ college as a minimum, which the Local Authority has a legal duty to ensure it is in place. However, it can become contentious when requests are made for this provision to be provided during the school/ college holidays as well.
In order to have educational provision delivered during the school holidays it must be clearly written within Section F of an EHCP, what provision will be delivered during the school/college holidays. However, it is uncommon to have educational provision delivered during the school/college holidays.
In order to try and get provision delivered during the school holidays, you will need to be able to evidence that there is an educational need for this provision to be delivered during this time. You will likely need relevant and clear evidence from a suitable professional, such as an Educational Psychologist, Occupational Therapist or Speech and Language Therapist to support the requirement for provision to continue in school / college holidays.
Each case of course depends on its own merits and limitations, as well as evidence as to provision that educates or trains a child or young person, so there is no guarantee that the Local Authority will agree to this provision during the school/ college holidays, even with professional supporting evidence.
Some children have an extended day curriculum which means that they require educational provision to be delivered beyond standard school/college hours, such as evenings or holidays. Often this means that the children attend a residential placement to receive this extended curriculum. However, if a child with complex SEND needs requires special educational provision outside term time, this must be clearly outlined within Section F of the EHCP.
If parents wish for their child to receive special educational provision over the school holidays, but this is not agreed upon within the EHCP, they can choose to fund this themselves. It needs to be made clear, the Local Authority are not obligated to reimburse this cost. If this additional, out of term time, provision is clearly outlined within Section F of the EHCP, then it is indeed the Local Authority’s responsibility to fund this provision.
Social Care support:
Some children/ young people and their families will need additional support during the school holidays that isn’t educational provision. Instead some families require respite or addition provision to help care for the child/ young person in the school/ college holidays, where typically they will be at home more. This type of provision can be requested from social care, and can be included in the EHCP, as social care provision in Section H.
There is sometimes a fine line between what is considered to be educational provision or social care provision. However, if social care provision educates or trains the child/ young person, then it should be included in the EHCP as educational provision in Section F, and not social care provision in Section H.
It is really important to ensure provision is recorded in the correct section of the EHCP as this can impact on the enforceability of the provision. It can also impact on the powers of the Tribunal in considering appeals, as unlike provision in Section F, the Tribunal is limited to only making ‘recommendations’ for provision in Section H. Whereas in Section F the Tribunal can make a legally enforceable Order.
Needing further advice:
Does the above resonate with you? Does your child require provision outside of term time? Are you unsure if provision is educational or social care?
We have experience in the above areas and can aid your process from start to finish. If you require help appealing against the contents of the EHCP, requesting provision out of term time or anything in between, please do not hesitate to contact us in this respect.
Conclusion
Every child has the right to an education that supports their individual needs and helps them reach their full potential. If your child with Special Educational Needs requires further provision outside of term time, taking proactive steps can make a significant difference. By advocating for your child and exploring all available options, you can help ensure that they receive the education and support that they need to succeed and thrive. If you would like discuss your matter with one of our SEND lawyers, please contact us on 0333 202 7175 or education@hcbgroup.com.