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In the 25 years since the passage of Public Law 94-142, significant progress has been made toward meeting major national goals for developing and implementing effective programs and services for early intervention, special education, and related services. schools educated only one in five children with disabilities, and many states had laws excluding certain students, including children who were deaf, blind, emotionally disturbed, or mentally retarded.

Before IDEA, many children like Hector were denied access to education and opportunities to learn. Today, early intervention programs and services are provided to almost 200,000 eligible infants and toddlers and their families, while nearly 6 million children and youth receive special education and related services to meet their individual needs.

While working in a small cooperative group with three other students, Hector was able to observe firsthand other children who behaved properly at school.

By the end of 1st grade, Hector’s behavior had changed dramatically.

The Local Authority should then use the findings of this assessment to determine whether the child should be provided with accommodation under Section 20 of the Children Act 1989 or be provided with other types of services provided under Section 17 of the same Act.

he or she will not be a Looked After Child under the meaning of section 22 of that Act.

Hector was appropriately engaged and worked hard to complete his academic assignments each day. Rather than respond impetuously, Hector kept his temper and played cooperatively with the other children.

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His teacher taught Hector specific social skills to improve his competence in such areas as answering questions, controlling his anger, and getting along with others.

It is not for the local authority to decide that, because they do not like what the duty to accommodate involves or do not think it appropriate, they do not have to accommodate at all. Section 20(1) entails a series of judgments, helpfully set out by Ward LJ in R (A) v Croydon London Borough Council [2008] EWCA Civ 1445, at para 75. There are hints of this in the social worker’s view that “ A is quite a resourceful teenager - by his own admission he has spent the last 1 - 2 months moving around amongst friends and girlfriends and sourcing his own accommodation. “ But it cannot seriously be suggested that a child excluded from home who is “sofa surfing” in this way, more often sleeping in cars, snatching showers and washing his clothes when he can, is not in need.

Furthermore, it appears that A has attempted to adhere to his own values around personal hygiene despite these circumstances. Mr Brims also pointed out that “ A’s lack of permanent housing will have a long term impact upon his educational attainment and will also impact upon other practical areas of his life.

They cannot in the same breath be put back into priority need by adjudging that they do not require accommodation at all when clearly they do. The only way to break out of that circle (recognised by Anthony Edward-Stuart QC, sitting as a deputy High Court judge in R (A) v Coventry City Council [2009] EWHC 34 (Admin)) is to read into section 20(1) the words “under this section” after “requires accommodation".

Put another way, the question would then become, not “does this child require accommodation for one of the listed reasons?

A child is in need when they are disabled or they are unlikely to achieve a reasonable standard of health or development or if a child's health or development is likely to be significantly impaired if services are not offered to him or her..

Once a referral has been made to the Local Authority they will decide within one working day whether or not to take action.

Without permanent accommodation, A does not have a base level of stability on which to build other areas of his life, and daily tasks such as personal hygiene, washing clothes and maintaining a reasonable diet will pose significant challenges.” (3) Is he within the local authority’s area? But it may be worth remembering that it was an important innovation in the forerunner provision in the Children Act 1948.

Local authorities have to look after the children in their area irrespective of where they are habitually resident.

The Local Authority in the area where the child lives is responsible for making provision for the child, so long as it is necessary.

The Children Act 1989 places a duty on Local Authorities to take reasonable steps to identify a Under Section 17 of the Children Act 1989, Local Authorities have a duty to safeguard and promote the welfare of children within their area if they are in need.