Section E Outcomes
Section E Outcomes
With the introduction of the education health and care plan came a new duty for local authorities to specify the outcomes sought for a child or a young person in Section E.
What are Outcomes?
Outcomes are specific and discrete targets that the child and young person should be able to achieve. The special SEN Code of Practice advises that paragraph 9.64:
“EHC plans should be focused on education and training, health and care outcomes that will enable children and young people to progress in their learning and, as they get older, to be well prepared for adulthood”
There is meant to be a direct link between the outcomes set for the young person and their aspirations set out in section A of a Plan. Critically, the plan must secure all the provision required to meet a child or young person's special needs and the provision should also enable the defined outcomes to be achieved.
Can you appeal Outcomes to the First Tier Tribunal
Outcomes cannot be directly appealed to the First Tier Tribunal. However, the new Upper Tribunal Case S v Worcestershire County (SEN) has further clarified the law. The judgement provided that there are occasions in which a tribunal can amend or provide new outcomes. This would occur when a child or young person's special educational provision is changed by the Tribunal, to make the previous outcomes inappropriate. The Judge described that the First Tier Tribunal is not placed in 'a jurisdictional straight jacket' and as such it would be:
'....absurd if a Tribunal having allowed an appeal and recast a special educational provision in an EHC plan, or the specified special educational needs, was unable to alter outcomes, that would no longer be related to the provision or needs determined by the Tribunal'
What does this practically mean
When parents are appealing Section B, F and I (needs, provision and placement) to the Tribunal their will now be a renewed emphasis to ensure that the outcomes specified accord with the provision that they wished their child to obtain. Tribunal's can and should look at redrafting outcomes if they do not accord with the specialist provision that they order.