The Children and Families Act places duties on the health service in relation to children and young people with SEND. The health service means the responsible commissioning body, which will normally be the local Clinical Commissioning Group (CCG) but for children and young people with certain health conditions this may be NHS England.
The health service must engage with the Local Authority to create joint commissioning arrangements for the health and social care provision required by children and young people identified as having SEN. These arrangements need to set out what health provision is to be secured and who is responsible for securing it. The arrangements must also establish a mechanism to resolve disputes between the different commissioning parties.
The health service must also cooperate with the Local Authority in the creation of an Education, Health and Care Plan by advising on what kind of health provision is reasonably required by the learning difficulties and disabilities which result in the child or young person having SEN. This could include specialist support and therapies, such as medical treatments and delivery of medications, occupational therapy, and physiotherapy, a range of nursing support, specialist equipment, wheelchairs and continence supplies.
The Education, Health and Care plan will have to approved by the relevant health commissioning body, and if it is approved, the health service must ensure that the support set out in the EHC plan is made available.