Receiving special educational provision during the school holidays

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) include special educational provision, within Section F, which must be delivered to a child or young person when they are at school or college as a minimum, and which the Local Authority has a legal duty to ensure is in place. However, it can become contentious when requests are made for this provision to be provided during the school or 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 or college holidays. However, it is uncommon to have educational provision delivered during the school or 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 the school or 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 or 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 or 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 that 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 or young people and their families will need additional support during the school holidays that isn’t educational provision. Instead, some families require respite or additional provision to help care for the child or young person in the school or 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 or young person, then it should be included in the EHCP as educational provision in Section F, and not as 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.

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 to discuss your matter with one of our SEND lawyers, please contact us on 0333 202 7175 or education@hcbgroup.com.

Further information on our specialist education team can be found here: HCB Widdows Mason – Education Law Advice