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Medical needs and education

 

Most children with medical needs continue to successfully access education with the appropriate support in place.  Schools must adapt and access support where required for children to continue to attend using support aids, reduced or adapted timetables or obtaining additional support from wider agencies.

Schools and educational settings must follow the advice given within the Statutory guidance written by the Department of Education ‘Supporting pupils at school with medical conditions(link is external)’, which explains the support children with medical needs should receive in schools.

Support for children with medical needs in school/college

As well as following the Statutory Guidance around supporting Medical needs, schools should have a policy in place for supporting pupils with medical needs and they should ensure that is regularly reviewed. You should be able to view this policy on the school's website, if not ask to see a copy.

Schools do not need to wait for a formal diagnosis, to provide support to your child.        

If your child's medical condition is unclear then the school should seek further medical advice, so that a judgement can be made about what support may be needed.

This page provides information and practical advice about the Education, Health, and Care Plan (EHCP) appeals process and SEND tribunal.

Help with physical or personal care needs.

One-to-one assistance with literacy, maths, or speech and language.

For more information on excel and support please see Torbay’s graduated response toolkit

Graduated Response - Torbay Council

This page provides information and practical advice about the EHC needs assessment process, existing EHCPs, and the review process.

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If your child has a physical or mental health condition, they may need support to access education. Schools and local authorities have different duties depending on your child’s needs and circumstances.

A medical diagnosis isn’t always needed before a school can put appropriate support in place.

Support for medical needs in school

Schools must have arrangements in place to support pupils with medical conditions. Pupils should be properly supported so they can access education, including school trips and physical education. 

Depending on your child’s needs, support might include:

  • an Individual Healthcare Plan (IHP)

  • arrangements for medication or treatment

  • changes to how your child accesses parts of the school day

  • support from appropriately trained staff

  • reasonable adjustments where your child is disabled

  • arrangements for emergencies

  • support with returning to school following illness.

Schools should have a policy explaining how they support pupils with medical conditions. You can ask the school for a copy.

Supporting pupils with medical conditions at school – statutory guidance⁠

Medical needs, SEND and disability

A medical condition doesn’t automatically mean that your child has special educational needs or is disabled. However, some children with medical conditions will also have SEN, a disability, or both.

If your child has SEN, the school may need to provide SEN Support or provision set out in an EHCP.

If your child is disabled under the Equality Act 2010, the school also has duties towards them, including making reasonable adjustments.

You can find more information on our SEN Support and Disability Discrimination pages.

If your child can’t attend school because of their health

If your child’s physical or mental health means they can’t attend school, or they can only attend intermittently, the school should work with you, your child and relevant professionals to support their education.

There may also be circumstances where the local authority has a legal duty to arrange suitable education.

Section 19 of the Education Act 1996

Under Section 19 of the Education Act 1996, the local authority must arrange suitable education for a child of compulsory school age who, because of illness, exclusion or another reason, would not otherwise receive suitable education.

The education arranged must be suitable for your child’s:

  • age

  • ability

  • aptitude

  • special educational needs, if they have any.

The education should normally be full-time. If full-time education isn’t in your child’s best interests because of their physical or mental health, fewer hours may be appropriate. 

Government statutory guidance says local authorities should be ready to make arrangements where it is clear that a child will be away from school for 15 school days or more, either consecutively or cumulatively during the school year. This isn’t a rule that allows the local authority simply to wait 15 days before considering its duty. 

Torbay Council – Section 19 Education Provision Policy⁠

Education for children with health needs who cannot attend school – statutory guidance⁠

Appeals and Mediation for EHCP in Torbay

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