Update on temporary changes to the law - Expiry of S42 modification notice

Following the Secretary of State’s announcement on 2 July, the notice modifying the duty on local authorities to secure or arrange the special educational and health care provision specified in children and young people’s EHC plans will expire today, 31st July 2020. 

The Department for Education's focus will increasingly be on supporting local authorities, health commissioning bodies and education settings as they work towards full provision being restored for all children and young people with EHC plans. 

The Regulations that were made to provide additional flexibility over the statutory timescales for various EHC needs assessment and plan processes remain in force and currently last until 25 September 2020 and are being kept under close review.  It is anticipated that Ministers will decide next month how long the Regulations should remain in force. 

A minor update to Changes to the law on education, health and care needs assessments and plans due to coronavirus has also been published.

CDC's Director, Dame Christine Lenehan says:


CDC welcomes the announcement and sees this as a step towards children and young people having the provision identified in their EHC plan fully reinstated