Hazardous waste

Overview

You must make sure hazardous waste produced or handled by your business in England causes no harm or damage.

You have responsibilities known as your ‘duty of care’. You must also meet extra requirements depending on whether you’re a waste:

producer or holder (you produce or store waste)

carrier (you collect and transport waste)

consignee (you receive waste, such as for recycling or disposal)

Check what you need to do in Northern Ireland, Scotland and Wales.

There are different requirements for exporting waste.

Check if your waste is hazardous

Waste is generally considered hazardous if it (or the material or substances it contains) are harmful to humans or the environment. Examples of hazardous waste include:

asbestos

chemicals, such as brake fluid or print toner

batteries

solvents

pesticides

oils (except edible ones), such as car oil

equipment containing ozone depleting substances, like fridges

hazardous waste containers

Classify your waste to find out if it is hazardous.

Producers and holders

You must follow these steps in England if your business:

produces hazardous waste

holds or stores hazardous waste

has hazardous waste removed from its premises

Classify your waste to check if it’s hazardous.

Separate and store hazardous waste safely.

Use authorised businesses to collect, recycle or dispose of your hazardous waste – check that waste carriers are registered and waste sites have environmental permits.

Fill in the parts of the consignment note that apply to you – keep one copy and give 2 copies to the carrier collecting your waste.

Keep records (known as a ‘register’) for 3 years at the premises that produced or stored the waste.

Records you must keep

You must keep your copies of:

consignment notes

consignee returns – you’ll get these from businesses that receive your waste (consignees)

any related documents, for example ‘carrier schedules’ (list of carriers when there is more than one), records of rejected loads

If these documents are not accurate or complete, you must keep a record of any missing information.

Extra requirements

You must meet extra requirements in these situations.

Your waste is rejected

You must follow the guidance on rejected loads if your hazardous waste is rejected by the destination site you sent it to.

You transport your own waste

You must meet the requirements for carriers if you transport any hazardous waste from your own or another business.

You receive, treat or dispose of waste

You must meet the requirements for consignees if you:

receive hazardous waste – this includes deliveries of waste from your own business

treat or dispose of hazardous waste on your business premises – this includes your own waste

Carriers

You must follow these steps if your business collects and transports hazardous waste in England (for example you’re a waste carrier, or you move your own waste).

Register as a waste carrier.

Check parts A and B of the consignment note and the waste before you accept it – make sure the waste is classified correctly.

Separate waste correctly when you load it for transportation.

Fill in the part of the consignment note that applies to you.

Leave one copy of the consignment note with the waste producer or holder and keep 2 copies – these must stay with the waste until it reaches its destination.

Take the waste to the destination on the consignment note – it must be an authorised waste site.

Keep records (known as a ‘register’) for one year.

You must keep records at your head office.

Records you must keep

You must keep copies of:

consignment notes

You’re a waste dealer or broker

Ask the waste producer or holder for copies of their records. You must keep these for 3 years. Check what other registration requirements and responsibilities you may need to meet.

Your waste delivery is rejected

You must follow the guidance on rejected loads if a consignee rejects the hazardous waste you’re transporting.

Consignees

You must follow these steps if you receive, treat or dispose of hazardous waste at premises in England.

Get an environmental permit or register an exemption for your premises.

Check the consignment note and waste before you accept it – make sure it’s classified correctly.

Reject the waste if the consignment note is missing, incorrect or incomplete.

Fill in part E of the consignment note for any hazardous waste you accept or reject – keep one copy and hand one copy back to the carrier.

Send consignee returns  to the Environment Agency, and the waste producer or holder, to report on any hazardous waste you accept or reject.

Keep records (known as a ‘register’).

You must keep records at the site where the hazardous waste was stored, treated or disposed.

Records you must keep

You must keep:

consignment notes

a site inventory that records where waste was stored, treated or disposed of at your waste site – keep this in a secure, marked area that’s accessible in emergencies

Site inventories for tipped waste

‘Tipped waste’ (permanent waste storage, for example landfill) includes:

Type of storage | Disposal code (from the  Waste Framework Directive)

Deposit into or onto land, for example landfill | D1

Land treatment | D2

Deep injection | D3

Surface impoundment | D4

Specially engineered landfill | D5

Release into a water body except seas or oceans | D6

Permanent storage | D12

Your site inventory must be a site plan that shows where hazardous waste is stored at your waste site together with its:

Use either a grid or contour lines to divide up your site plan.

Site inventories for all other waste operations

These requirements are for all waste operations other than tipped waste, including:

disposal by other methods

treatment

recovery

incineration

Your site inventory can be a site plan or table showing the location of waste at your site together with:

its consignment note code – get this from the consignee return if there’s no consignment note

information cross-referencing each incoming or outgoing waste (waste transfer activities only)

You must also keep records for each delivery of hazardous waste you accept at your site – include:

its weight in kilograms

its waste description including the waste classification code, its chemical components and hazardous properties

the name, address and postcode of the waste holder or producer it came from

the disposal or recovery method you applied to the waste

How long you must keep records

The type of waste site you have determines how long you keep records.

| Type of record | How long you must keep it

Landfill site (disposal codes D1 to D6 and D12) | All records | As long as you have a permit

Other waste site with a permit | Consignment notes | 5 years

Other waste site with a permit | Site inventory and all other records | As long as you have a permit

Waste sites with an exemption | All records | 3 years

You must send your records to the  Environment Agency if you give up or lose your permit.

Consignment notes

You must use consignment notes to move hazardous waste.

A consignment note must stay with hazardous waste until it reaches its final destination.

Fill in a consignment note

Read the consignment notes guidance.

Download a consignment note form.

Fill in the parts that apply to you.

Use a continuation sheet if you need more space.

The part that applies to you depends on your role in the waste process.

Your role | Part you must complete

Producer | A and B

Holder (stores waste) | A and B

Carrier (collects and transports waste) | C

Consignor (hands the waste to the carrier) | D

Consignee (receives waste for recycling or disposal) | E

You’re the waste producer or holder

You’ll need to know both the:

Standard Industrial Classification (SIC) code (2007)  – this describes the business activity that produced the waste

waste classification code, also referred to as LoW (List of Waste) or EWC (European Waste Catalogue) code – this describes the waste

Get consignment notes another way

You can also:

use a note from your waste contractor or write your own – it must include the information on the form

buy consignment notices from the Environment Agency – these have 3 colour-coded copies

Consignee returns

Consignee returns are reports on any hazardous waste received, treated or disposed of by a business (the ‘consignee’).

You’re a waste producer or holder

You should get consignee returns every quarter from the consignee dealing with your hazardous waste.

Ask for consignee returns in writing if you do not get them – you need them to keep records.

You should contact the Environment Agency and stop using a waste business if they do not provide consignee returns.

You’re a consignee

You must send consignee returns every quarter to the:

Environment Agency

the waste producer or holder

You must send separate consignee returns to the Environment Agency and the waste producer or holder. You cannot send copies of the same document to both.

Read the consignee returns guidance for help with filling in your consignee returns.

Send consignee returns to the Environment Agency

Fill in the consignee returns spreadsheet.

Send the spreadsheet to the  Environment Agency - either email it to hazwastereturn@environment-agency.gov.uk  or upload it online (in Wales email it to waleshazreturns@cyfoethnaturiolcymru.gov.uk).

Read the consignee returns guidance for other ways you can send your returns.

Deadlines

Reporting period | Deadline

January to March | 30 April

April to June | 31 July

July to September | 31 October

October to December | 31 January

Fees

Fees are per consignment of waste and depend on whether the consignment formed part of a multiple collection (if it came from multiple locations) or not. The fees are:

single consignment - £10 (electronic returns) or £19 (paper returns)

multiple collection - £5 (electronic returns) or  £10 (paper returns)

Contact the Environment Agency

Contact the Environment Agency if you have any questions about hazardous waste.


Preventing air pollution

Local controls

Your local council can introduce extra controls on emissions if there are air quality problems in your area.

Air Quality Management Areas

If air quality falls below required standards, your council will declare an Air Quality Management Area (AQMA) and plan for improvements.

Check if your business is in an AQMA and if you’re affected by:

road charging

parking restrictions

increased restrictions on waiting and loading times

taxes to encourage moving goods by rail

the review of planning applications by a pollution control team

Smoke control areas

Your council can also declare a smoke control area. This means you can only use authorised fuels, or exempted furnaces and boilers. Chimney smoke is not allowed, with only a few exceptions.

You could be fined up to £1,000 for each offence.

If you’re a contractor working at different locations you should always check if you’re in a smoke control area.

Dark smoke

The darker the smoke, the more polluting it tends to be. Smoke darker than a specified shade of grey is officially classified as ‘dark smoke’.

The Ringelmann chart is used to define dark smoke. The chart has 5 shades of grey with 0 being clear and 5 being black. Smoke is considered ‘dark’ if it is shade 2 or darker.

Chimney and boiler restrictions

You mustn’t release dark smoke from your premises, including from:

chimneys serving furnaces

fixed boilers or industrial plants, whether they’re attached to buildings or not

There are some exemptions if emissions won’t damage health or cause a nuisance.

Boilers and furnaces

You need a permit for most generators, furnaces and boilers.

Get a permit

The permit you need depends on the type and amount of fuel you’re burning.

Part A(1) environmental permit

You’ll need a Part A(1) environmental permit if your appliances:

have an aggregated rated thermal input of 50 megawatts (mw) or more

burn waste oil, recovered oil or any fuel made from waste, with a rated thermal input of 3 to 50 mw

Get a Part A(1) permit from:

Environment Agency if you’re in England

Natural Resources Wales (NRW)

Scottish Environment Protection Agency (SEPA)

Part B environmental permit

You’ll need a Part B environmental permit if your appliances:

have a rated thermal input of 20 to 50 mw

burn waste excluded from the Industrial Emissions Directive (IED) with a rated thermal input of 0.4 to 3 mw

Get a Part B permit from:

your local council if you’re in England and Wales

SEPA if you’re in Scotland

You’ll need a Small Waste Incineration Plant (SWIP) environmental permit if your appliance can burn either:

less than 10 tonnes per day of hazardous waste

less than 3 tonnes per hour of non-hazardous waste (equivalent to 72 tonnes per day)

Get a SWIP environmental permit from your local council.

Installing furnaces

Your local council must approve:

the use of a new non-domestic furnace in a building, fixed boiler or industrial plant

changes to an existing furnace

Contact your local council about getting approval for grit and dust arrestment equipment for your furnace if it’s going to be used to burn:

pulverised fuel

any other solid matter at a rate of 45.4 kilograms (kg) or more an hour

liquid or gaseous matter at a rate equivalent to 366.4 kilowatts (kw) or more

You might not need approval if your boiler won’t create emissions that can damage health or cause a nuisance. Contact your local council to check if you’re exempt.

Chimney height requirements

Your chimney must be high enough to prevent smoke, grit, dust, gases and fume emissions from damaging health or causing a nuisance. Your local council can refuse your application if your chimney isn’t high enough.

You must apply for chimney height approval if your boiler’s fuel consumption either:

exceeds 45.4 kg of solid fuel an hour

exceeds 366.4 kw of liquid or gas fuel

If your approval application is refused your local council will tell you the minimum chimney height you need.

A chimney may be exempt if it’s used as part of:

a temporary replacement, for example if the boiler or furnace is being repaired

a temporary source of heat or power for building works

an auxiliary plant to bring the main plant up to operating temperatures

a mobile source of heat or power for agricultural purposes

If the use of your chimney changes you must re-apply for approval.


Emergency and life-saving equipment on ships

Overview

All ships must carry certain emergency and life-saving equipment. This equipment must meet minimum standards and must be properly tested and serviced.

There are different requirements depending on the size and type of ship and where it operates.

Emergency and life-saving equipment include things like:

lifeboats and liferafts

lifebuoys

lifejackets and attachments

buoyancy apparatus

emergency alarm systems and public address systems

marine evacuation systems

two-way VHF radiotelephone sets

fire-fighting equipment

Life-saving equipment

Merchant ships

You can find information on the life-saving appliances that ships must carry in the Merchant Shipping (Life-Saving Appliances Regulations for Ships Other Than Ships of Classes III to VI(A)) Regulations 1999.

Passenger ships

There are different requirements for different types of passenger ships.

Download information about requirements for life-saving appliances on passenger ships on domestic voyages.

You must also read the amendments to these regulations.

Download information about which lifejackets must be carried on passenger ships.

Roll-on Roll-off (Ro-Ro) passenger ships

Ro-Ro passenger ships must be fitted with emergency equipment lockers for emergency situations.

Large commercial yachts

The Large Commercial Yacht Code includes rules on life-saving equipment for certain types of ship of less than 3,000 gross tonnage.

Small commercial vessel and pilot boats

The Small Commercial Vessels Code sets out rules on life-saving equipment for certain vessels of less than 24 metres.

Small passenger boats on inland waters

The Inland Waters Small Passenger Boat Code includes rules on life-saving equipment for inland vessels that carry no more than 12 passengers.

Pleasure craft

Some pleasure craft don’t have to carry certain life-saving equipment. Download the regulations for pleasure craft.

Fire-fighting equipment

Ships must carry certain fire-fighting equipment on board.

Exemptions

Some ships are exempt from these regulations.

Fixed fire alarms and extinguishers

Download the rules on fixed fire-detection alarms and extinguishing systems.

Fixed gas fire-extinguishing systems

Download guidance on operating fixed gas fire-extinguishing systems.

Your crew must know how to use fixed gas fire-extinguishing systems safely.

Halon fire-fighting systems

It’s now illegal to use fire-fighting equipment that contains halons. Download information on the phasing out of halon fire-fighting systems.

Safe use of emergency equipment

All emergency life-saving equipment must be safe to use, and you must make sure that your crew know how to use it properly.

Lifejackets

All lifejackets must be regularly inspected. You’ll need to check the individual manufacturer’s instructions on how to do this.

Download general guidance on how to use and inspect inflatable lifejackets.

Immersion suits

Read information on the safe use of immersion suits and lifejackets.

Marine evacuation systems (MESs)

A marine evacuation system is an inflatable slide or escape chute which passengers can use to get into liferafts from the ship.

If your vessel has an MES, you must make sure that crew are properly trained in how to use it, and that all onboard lifejackets can be used safely with it.

Liferafts and Hydrostatic Release Units (HRUs)

Download guidance on the safe use of HRUs and liferafts.

Fuels and lubricating oils in lifeboat engines

In lifeboat engines, you must make sure that all fuels and lubricating oils are safe to use in low temperatures.

Download information on which fuels and oils are safe to use.

Retro-reflective material

You must check all retro-reflective material at regular intervals to make sure it’s effective. Download guidance on using and fitting retro-reflective material on life-saving appliances.

Servicing and testing emergency equipment

Life-saving appliance testing

Some life-saving equipment must be serviced regularly at an approved service station, like:

inflatable liferafts

inflatable boats

rescue boats

fast rescue boats

inflatable lifejackets

Hydrostatic Release Units (HRUs)

You can find details of independent lifeboat servicing and testing organisations on the Maritime and Coastguard Agency (MCA) website.

Download further information on servicing this kind of emergency equipment.

Manufacturers of life-saving appliances

You can find details of manufacturers of life-saving appliances and their UK representatives on the MCA website.

Emergency electrical systems

Download information on testing emergency electrical systems.

Fire equipment testing

All fire protection systems and equipment should be regularly tested and maintained so that they’re ready for immediate use when needed.

You must carry out monthly fire equipment testing and inspection to make sure that:

all fireman’s outfits, fire extinguishers, fire hydrants, hoses and nozzles are in place and in good condition

all escape routes are free of obstructions and properly maintained

the public address system and ship’s alarms are working properly

all fixed fire-fighting installation valves are set in the correct operating position

dry pipe sprinkler systems are pressurised, where needed, and their gauges are working properly

the sprinkler system pressure tank water levels are correct

all sprinkler system pumps operate automatically on pressure loss in the systems

all fire pumps are working properly

all fixed gas fire extinguishing installations are free from leaks

Fixed bulk dry powder fire extinguishing systems

Download information on maintaining and testing fixed dry bulk power systems.

Read ‘MGN 355 (M) Periodic Inspection, Testing and Maintenance of Fixed Bulk Dry Powder Fire Extinguishing Systems’.

Seamless steel pressurised gas cylinders

Download information on testing seamless steel pressurised gas cylinders used for fire-fighting.

Portable fire extinguishers

Download information on how to carry out testing and maintenance of portable fire extinguishers.

Help and advice

You can contact the Maritime and Coastguard Agency (MCA) for further information on life-saving appliances.

The MCA lists current safety alerts for technical matters, including information on known design faults and fake safety equipment.

It also lists safety alerts for health and safety matters.


Get a fishing vessel licence: vessels 10 metres or under

Overview

You need a Category A (10 metres or under) fishing vessel licence if you want to catch and sell sea fish, unless you’re exempt.

Check the licence you need if your vessel is longer than 10 metres.

Follow these steps to get a Category A (10 metres or under) fishing vessel licence:

Register your vessel - you must do this before you can get a licence.

Get a licence entitlement - you’ll need this to get a licence.

Apply for your licence.

You must carry your licence on board your vessel at all times.

Exemptions

You don’t need a licence for your vessel if any of the following apply:

it doesn’t have an engine

it’ll only be used to fish for common eels, salmon or migratory trout

you fish only within 12 nautical miles of Jersey, Guernsey or the Isle of Man, but you’ll need a licence from the relevant authority

you only use your vessel to fish for pleasure

Register your vessel

You must register your vessel on the UK Ship Registry to get a fishing vessel licence, unless your vessel is registered in the Channel Islands or the Isle of Man.

To get on the register:

arrange an inspection by a Maritime and Coastguard Agency (MCA) inspector or surveyor

fill in application form MSF4740 and send it to the address on the form

You can choose simple or full registration. Full registration lets you take out a marine mortgage against your vessel.

Registration fees

Simple registration is £111 and full registration is £131.

Documents you need

You must include the following documents:

Declaration of Eligibility (MSF 4728)

original ownership documents - bill of sale, invoice or builder’s certificate

Seafish Construction Certificate if your vessel was built after July 2007, or Seafish Inspection Report if your vessel was built before 2007

Safety Certificate issued by MCA (MSF 1606)

the vessel’s radio call sign, if you have one

deletion certificate if the vessel was previously registered on another register

a copy of the Certificate of Incorporation if the owner is a limited company

Your evidence of ownership must cover the last 3 years if you’re applying for full registration.

Get a licence entitlement

You can get an entitlement by:

buying the entitlement from a vessel that has sunk, been scrapped or is no longer being used for fishing

buying a vessel with a licence

You need to make sure the entitlement is suitable for:

a vessel which is 10 metres or under (Category A)

the tonnage of your vessel and the size of the engine (kilowattage)

You can combine 2 or more entitlements if 1 is not enough to cover your vessel. You can also split an entitlement if you don’t need it all.

Register an entitlement bought without a vessel

Get form AFL7 from your local MMO office.

Read the instructions for filling in form AFL7.

Fill in sections A and B of the form and send it to your local MMO office.

MMO will check the previous owner has agreed to the transfer and return the form to you.

Entitlements bought with a vessel

The seller will transfer the entitlement into your name as part of the sale. MMO will send you form AFL7.

Use form AFL7 to convert your entitlement into a licence.

Apply for your licence

Fill in application form AFL2 to apply for a Category A (10 metres or under) licence and send it to your local MMO office with your:

certificate of registry for the vessel

form AFL7 showing you as the entitlement holder

Send the original documents, not copies.

A licence is valid for 2 years, starting on 1 July and ending 2 years later on 30 June.

Your licence will be renewed automatically.


Hiring crew for ships and yachts

Overview

When you’re hiring crew for a ship or yacht, you must:

check crew members’ discharge books to make sure they have the qualifications and certificates of competency for their jobs

check that all crew members have the necessary medical certificates for the work they’ll be doing

make sure everyone has the necessary travel documents

check that all crew can speak the ship’s common working language

draw up a crew agreement

send a full crew list to the owner of the ship or yacht

You must make sure all crew members know the ship’s safety and emergency procedures before the start of your journey.

Checking crew qualifications

You must check crew members’ discharge books to make sure everyone has the necessary qualifications and experience.

Crew members doing specialist jobs or working on particular types of craft may need special training.

Officers

Officers in your crew must have the necessary certificates of competency (CoCs).

Check that officers’ CoCs are valid on the  Maritime and Coastguard Agency (MCA) website.

Officers may need special training if working on tankers, high-speed craft or passenger ships.

Merchant navy ratings

Make sure that all crew have the correct rating for the work they’ll be doing. Watch ratings need a CoC if they’re performing navigation or engine room duties.

Crew on large yachts (24 metres long or over)

You must make sure your crew have a MCA Yacht Rating Certificate or other MCA recognised qualification, for example:

an able seaman (AB) certificate issued under the International Labour Organisation (ILO) AB Convention

a UK efficient deck hand (EDH) certificate

a navigational or engine room watch rating certificate issued under Standards of Training, Certification and Watchkeeping (STCW)

Certificates of competency

You must follow international regulations from Standards in Training Certification and Watchkeeping for Seafarers (STCW) if you have a commercial vessel going to sea.

Some crew members need a certificate of competency (CoC) or certificate of equivalent competency (CEC) to carry out certain duties.

For seafarers’ CoCs to remain valid on certain types of ship they’ll need to meet new training standards in line with STCW regulations (‘2010 Manila Amendments’).

Deck officers

Masters and other deck department officers need a CoC if they’re performing:

bridge watch-keeping duties

navigational duties

CoCs for deck officers are restricted depending on:

the size of the ship or yacht

the area of sea where it will operate

Download an application for a CoC for:

masters, chief mates and deck officers in the merchant navy

masters, chief mates and deck officers on yachts

You can use a Certificate of Service instead, if you have one. These were issued until 1998.

Engineer officers

Engineer officers on a ship or yacht with a power output of 750 kilowatts or more need a CoC. There are different CoCs for engineer officers, depending on:

the power output of the ship or yacht

the area of sea where it will be operating

Download an application for a CoC for:

a merchant navy engineering officer

a yacht engineering officer

Revalidating CoCs

Deck and engineering officers must revalidate their certificate every 5 years. They do this by showing they’ve completed either:

12 months’ sea service in the last 5 years

3 months’ sea service in the last 6 months

2.5 years in a relevant job - contact the MCA for advice

Use form MSF 4258 if someone you want to hire can’t revalidate their CoC because they don’t meet the requirements.

Watch ratings

Watch ratings on merchant ships need a CoC if they’re performing navigation or engine room duties.

Radio operators

Radio operators need CoCs if they handle distress and safety radio-communications. All radio personnel serving on UK-registered ships must have either:

a Restricted Operator’s Certificate (ROC)

a General Operator’s Certificate (GOC)

Other crew

Ships’ cooks and security officers may also need a CoC.

More information

To find out more about the certification structure and examination and training requirements, read:

MSN 1856 (M+F) for merchant navy deck officers

MSN 1857 (M+F) for merchant navy engineer officers

Contact the Maritime and Coastguard Agency (MCA) to find out which members of your crew need a CoC.

Certificate of equivalent competency (CEC)

A CEC allows officers holding Standards of Training Certification and Watchkeeping (STCW) certificates issued by some non-UK countries to work as officers on UK-registered merchant ships.

To get a CEC, your crew member must complete the CEC application form. As part of the application process they may be asked to prove their:

standards of competency

ability to use the English language (this may include an oral exam)

knowledge of UK law relating to their job

Read more about CECs or download part 19 of the MCA’s training and certification guidance for more information.

Crew agreements

A crew agreement is an employment contract between a ship or yacht’s owners and its crew.

All crew agreements must have:

a cover with details of the ship and its owners

an up-to-date crew list with names, dates of birth and addresses

a list of anyone on board who is under 18 or exempt from a crew agreement

contractual clauses for each crew member

A crew agreement can last up to 12 months. After this period, a new agreement must be drawn up.

What goes in a contractual clause

Clauses must include:

the name of the crew member

a description of the journey(s) that the agreement relates to

the crew member’s job description

details of their pay, hours and leave

details of required notice and how the crew agreement can be terminated

The Maritime and Coastguard Agency (MCA) gives guidance on drawing up crew agreements for merchant ships and yachts:

download MGN 148 ‘Approval of crew agreements: merchant ships

download MGN 149 ‘Approval of crew agreements: yachts

Contact MCA for advice on drawing up a crew agreement.

What to do once you’ve drawn up a crew agreement

Get every crew member to sign the agreement when they join the ship and at the end of the journey.

File the agreement with the shipping registry in the ship’s ‘flag state’ (the country where it’s registered).

Display a copy on board the vessel.

Send a copy (with the official log book, if a merchant ship) to a superintendent or proper officer within 3 days of its expiry.

Who signs a crew agreement

Most of the people on board a ship or yacht must sign the crew agreement. However, certain personnel will have separate employment contracts and won’t have to sign, like:

captains

bodyguards

nannies

entertainment staff

Travel documents

All crew members must have either:

a valid passport

a Seafarers Identity Document (SID) containing a photograph, signature (or fingerprints) and a description of the holder, including their nationality

The standard seafarer’s identity document for British citizens is the British seaman’s card.

Crew lists

The master or skipper of a UK-registered ship must provide the ship’s owner with a copy of an up-to-date crew list at the start of each journey. They must also tell the owner if there are any changes of crew during the journey.

If a ship is lost at sea, the crew list will be used to find out who is missing. The ship’s owner should hand the crew list in to a local Maritime and Coastguard Agency (MCA) Marine Office or post it to:


Maritime safety: weather and navigation

Maritime Safety Information broadcasts

HM Coastguard regularly broadcasts Maritime Safety Information (MSI) by radio. MSI includes:

information on wind strength and direction

warnings of restricted visibility

updates on sea conditions

navigational guidance and warnings

MSI broadcasts may be interrupted or delayed due to search and rescue operations.

You must check MSI and other weather and tide information to avoid collisions and accidents at sea. You must also make sure that you understand any navigational guidance or warnings that are broadcast to your ship.

How to receive MSI

MSI is broadcast:

by NAVTEX (Navigational telex) out to 270 miles

on VHF out to 30 miles

on MF out to 150 miles

Read the Maritime and Coastguard Agency (MCA) guide to maritime safety information, which includes information on broadcast frequencies.

Weather and tide information

Weather information at sea

Find information about conditions at sea from The Met Office provides useful information about conditions at sea, including:

a shipping forecast and gale warnings

marine observations which give information on wave height, visibility and sea temperature

Longer-term weather outlooks

You can get an extended outlook with information up to 5 days in advance on the 518 NAVTEX service.

Information about tides

The UK Hydrographic Office provide information on tides through the Admiralty Easy Tide Service.

Navigational guidance and warnings

You can get navigational information by radio from:

navigational warnings, broadcast on either NAVTEX or Inmarsat SafetyNET

NAVAREA (I) warnings, broadcast through EGC SafetyNET

UK coastal navigational warnings broadcast on VHF and MF on selected aerials at 4-hourly intervals

Read more about maritime safety broadcast times and medical advice calls.

In-force navigational warnings are shown on the UK Hydrographic Office (UKHO) website.

Reporting navigational hazards

You may get warnings about:

damaged or broken lights, fog signals, buoys and navigational aids that affect main shipping lanes

wrecks, reefs, rocks and shoals that might be a danger to main shipping lanes

drifting hazards, such as derelict ships, mines, ice

unexpected changes or closures of established routes

cable or pipe laying, naval exercises or underwater operations that might be a danger for shipping lanes

problems with radio navigation, radio or satellite maritime safety information services

areas to avoid where search and rescue and anti-pollution activities are happening

Contact the United Kingdom Hydrographic Office (UKHO) Radio navigational warning helpline if you’ve spotted any of these hazards or want to ask about them.

You’ll have to contribute toward the cost of broadcasting any necessary warnings if you’re responsible for causing a navigational hazard.

Navigating safely

Safe navigation is particularly important in adverse weather and sea conditions.

Read more about keeping a safe navigational watch on merchant ships.

Navigation lights, shapes and sound signals

Your ship must comply with the requirements for navigation lights and other equipment in the ‘Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations’.

Restricted visibility

Read information on navigating in restricted visibility.

High-speed craft

Read information on controlling high-speed craft in adverse sea conditions.

Navigating in the Dover Strait

The Dover Strait is one of the busiest shipping lanes in the world. The Dover Strait Traffic Separation Scheme (TSS) exists to help ships crossing the Dover Strait to navigate safely and avoid collisions.

Read information about the TSS and guidance for ships in the Dover Strait.

The Dover Strait and Channel Navigation Information Service (CNIS)

The Dover CNIS provides a 24-hour radio and radar service for all shipping in the Dover Strait.

Dover CNIS broadcasts information in the Dover TSS area every 60 minutes (30 minutes if visibility drops below 2 miles). You can find these on VHF radio channel 11.

Dover CNIS broadcasts information on:

weather and sea conditions

navigational hazards, like hampered vessels

misplaced or defective navigational aids

deep draught bulk carriers and tankers

vessels under tow

surveying vessels

unorthodox crossings, such as cross-channel swims

Information is also broadcast about any ship that appears to be breaking the
International Regulations for the Prevention of Collisions at Sea to warn other ships of a potential hazard.

Ships using the TSS are automatically tracked by radar. This information can be used in a prosecution if any ship breaks the law.

Voyage data recorders

A voyage data recorder (VDR), often known as the ship’s ‘black box’, collects and stores information over the course of a ship’s journey, including:

the ship’s position

audio from the ship’s bridge

the ship’s speed and heading

depth under the keel

VHF radio communications

All VDRs must be tested after installation and then inspected every year.

Find out more about the requirements for voyage data recorders.

The Global Maritime Distress and Safety System

The Global Maritime Distress and Safety System (GMDSS) is a maritime communications system used for:

emergency and distress messages

vessel-to-vessel routine communications

vessel-to-shore routine communications

If you own commercial ships with over 300 gross tonnage, or certain smaller craft, fit them with GMDSS equipment.

Most offshore yacht races also now insist that competing yachts are GMDSS-equipped.

Read the Merchant Shipping (Radio Installations) Regulations for more information on who has to fit GMDSS.

Digital Selective Calling (DSC) for pleasure craft

It’s voluntary for small leisure craft to have GMDSS, but HM Coastguard strongly recommends that pleasure craft install GMDSS with DSC.

DSC is a tone-signalling system with the ability to include other information like:

a vessel’s identification number

the purpose of the call

your position

the channel you want to speak on

Register 406 MHz beacons

A 406 megahertz (MHz) beacon can send a distress signal via satellites to alert search and rescue authorities to your location. There are 3 types:

Emergency Position Indicating Radio Beacons (EPIRBs) for ships and boats

Emergency Locator Transmitters (ELTs) for aircraft

Personal Locator Beacons (PLBs) for personal use

You must register your 406 MHz beacon with the coastguard and keep your registration up to date.

If your beacon is activated and a distress signal received, the search and rescue authorities will contact you using the information on the register.

You must provide an emergency contact who will be called if you’re unreachable.

Notify the coastguard of changes to your beacon or your vessel - this will help to locate you in an emergency.

Register or update a registration

You can register or update a registration online.

Registration and updates are free.

Contact the UK Beacon Registry for help with registering.

Navigation equipment for small commercial vessels

Small commercial ships should keep a listening watch on VHF channel 16 for any coastguard announcements.

You should fit VHF DSC (Digital Selective Calling) if your ship needs a fixed VHF channel to receive these broadcasts.

All new vessels and all those replacing VHF radios must have VHF DSC installed.

Radio installation

You must mount any radio aerials as high as you can to get the best possible reception. If your main aerial is fitted to a mast, you should also provide an emergency aerial.

Contact the Maritime and Coastguard Agency (MCA) if you’re not sure of the VHF coverage in the area where you’ll be operating.

You must make sure that you’re able to charge the batteries that charge the ships’ radio equipment and that they’re protected from flooding.

Your fixed radio installation should be marked with:

the ship’s call sign

codes for the use of the radio

Maritime Mobile Service Identity (MMSI) number (where applicable)

You should also have a card giving information on radio distress, urgency and safety procedures in full view of the radio operating position.

Navigation lights, shapes and sound signals

Your ship must meet the requirements of the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations.

Small vessels may be exempt from certain requirements, for example if:

you only operate between sunrise and sunset or in favourable weather, in which case you do not have to carry navigation lights

your vessel is less than 12 metres in length, in which case you do not have to carry sound signalling equipment

Read the rules in section 17 of MGN 280 on navigation lights, shapes and sound signals for small commercial vessels. Rules for other navigational equipment are detailed in section 18.


Operational standards for small vessels

Overview

Small commercial vessels must follow certain codes of practice.

This applies to any vessel that:

is less than 24 metres long

is less than 150 gross tonnes and was built before 21st July 1968

carries cargo and no more than 12 passengers

provides a service where neither cargo or passengers are carried

is a pilot boat of any size, eg a vessel that take pilots to and from larger ships

isn’t considered a ‘pleasure vessel’

Pleasure vessels

These are craft used solely for either:

sport or recreation by their owners, family, friends or employees

non-profit journeys

Pleasure vessels are exempt from the small commercial vessel codes of practice.

Safety codes of practice

There are 4 codes of practice for small commercial vessels.

The Maritime and Coastguard Agency (MCA) has produced a guidance note for small commercial vessels that covers these codes of practice.

Certification

Any small commercial vessels not used as ‘pleasure vessels’ must have the right small commercial vessel certificate.

To get the right certificate, you must arrange a survey of your boat by a Maritime and Coastguard Agency (MCA) approved authority.

If your boat passes this, it’ll be issued with either a:

small commercial vessel certificate

workboat certificate

pilot boat certificate

This must be kept on board your boat and is valid for 5 years.

Boats being surveyed for the first time must also meet stability requirements outlined in section 11 of Marine Guidance Note 280.

If you’re in charge of a business boat

You must have the correct certificate to be in charge of a small business boat.

Check the appropriate code of practice for your boat to see which certificate you need.

Operating overseas

There’s no international code of practice for the safety of small commercial vessels outside the UK.

Many countries accept commercial vessels with UK certificates, but you may need to follow local safety laws as well.


Seafarer working and living rights

Overview

All seafarers have working and living rights that include:

employment contracts

accommodation

food and medical care

A seafarer is anyone who works on board a seagoing ship, including:

master and crew

self-employed contractors

shopkeepers and hairdressers

entertainers

A seagoing ship is any vessel:

on an international voyage or from a foreign port

on a domestic journey from the UK coast

more than 500 gross tonnes

The Maritime Labour Convention (MLC) 2006 came into force on 7 August 2014. It replaced all existing laws on seafarers’ rights.

Working conditions

There are minimum requirements seafarers must meet to work at sea.

Minimum age

The minimum age for seafarers is 16, although this is 18 if the work involves any:

night work

hazardous tasks

Hazardous tasks

Manual tasks on a ship can be hazardous if not done properly, like:

lifting

hauling

mooring

towing

Employers of seafarers must ensure their staff:

know how to operate any equipment correctly

are aware of safety procedures

have access to protective personal equipment if needed

Medical certification for seafarers

Anyone in charge of a ship must have an ENG1 seafarer medical certificate.

Certificates of competency

Some seafarers will need a certificate of competency before they can carry out certain duties.

Conditions of employment

Seafarers’ employment contracts are covered by the Maritime Labour Convention (MLC) 2006.

Working time regulations

All seafarers on seagoing ships are entitled to:

a minimum of 10 hours’ rest in any 24 hour period

77 hours rest in any 7 day period

at least 4 weeks’ paid annual leave

Read the Merchant Shipping Regulations 2002 for more information.

The 'human element'

The term ‘human element’ covers anything to do with the interaction between a human and any system aboard ship, and is of high importance in maritime safety and security.

Factors which affect the human element include:

recruitment and selection policies and methods

crew competence, training and experience

conditions of service, motivation and morale

design, construction and ergonomics

standards of build and certification

maintenance

stress and fatigue

security

living and working conditions

manning levels and hours of work

management policies

safety management systems

operational systems

organisational and safety culture

culture of continuous improvement and workforce engagement

For more information read ‘The human element: a guide to human behaviour in the shipping industry’.

Safe working practices

All UK ships must carry copies of the ‘Code of Safe Working Practices for Merchant Seamen’, unless it’s a fishing boat or pleasure vessel.

Safe manning of ships

Employers must ensure their ships have enough properly trained and certificated officers so that it can operate safely at all times.

There must also be sufficient food on board for the number of seafarers serving.

Read more in ‘Merchant Shipping Notice 1868 (M) UK requirements for safe manning and watchkeeping’.

Noise and vibration

A seafarer’s employer must carry out risk assessments to identify who’s at risk from noise or vibration in their work and what can be done to reduce or remove these risks.

Protective personal equipment (PPE)

A seafarer’s employer must give them suitable protective equipment if they’re performing dangerous tasks.

You can find further information in the code of safe working practices for merchant seafarers.

Living conditions

Seafarers’ living conditions are covered by Maritime Labour Convention (MLC) rules on crew accommodation.

Food and catering

Seafarers’ food and catering conditions are covered by MSN 1845 under MLC rules.

Health and safety

Employers of seafarers must follow health and safety rules and provide:

safe working places and environment

safe machinery and equipment

health and safety training, instruction, supervision and information

a health and safety policy

protective clothing and equipment where necessary

information for workers about the findings of their risk assessment

information on what qualifications any temporary workers must have

information about their activities and staff to the company

Risk assessments

Any vessel seafarers work onboard must have had a risk assessment carried out by their employer or the ship owner.

New or expectant mothers

Where women of childbearing age are employed as seafarers, a risk assessment must take place of any potential hazard likely to affect a new or expectant mother.

It does not matter if they are pregnant at the time of the assessment or not.

If a risk is found that cannot be removed, a new or expectant mother working as a seafarer can be suspended on full pay providing they have either:

told their employer they’re pregnant

given birth in the last 6 months

are breastfeeding

For more information on health and safety rules for new and expectant mothers, contact the Seafarer Safety and Health Branch of the Maritime and Coastguard Authority (MCA).

Additional dangers

Seafarers may face additional dangers when living onboard ships.

Petrol generators

Ships that use petrol generators must have a risk assessment carried out to make sure they provide:

sufficient power for accommodation and lighting

adequate ventilation

adequate alarms - for example, carbon monoxide alarms

Fumigating cargo spaces

If pesticides are on board a ship, employers must make sure:

adequate breathing aids are provided for seafarers checking fumigated cargo bulks

the ship’s destination port is told 24 hours in advance of receiving this cargo

properly trained personnel check the relevant cargo bulks at port

Illegal drugs

The unauthorised presence of drugs on board a ship can have serious legal implications for seafarers and employers, potentially resulting in:

heavy fines

detention of a ship

imprisonment

the death penalty

Potentially dangerous cargo

If seafarers deal with certain toxic cargo or equipment on board ships, their employer must follow a number of specific requirements.

You can find further information on specialist ships in section 4 of the Code of Safe Working Practices for Merchant Seamen.

Health and medical care

Employers must protect their seafarers’ health by:

providing immunisations for certain infectious diseases

making sure hygiene measures are effective and minimise the risks of infection

making arrangements for infection control

having the right medical supplies

knowing the routes and destinations of their ships

Until the UK made the Maritime Labour Convention (MLA) law, seafarers’ health and safety regulations were covered by the Merchant Shipping Act 1995

Maritime Labour Convention

The Maritime Labour Convention (MLC) came into force for the UK on 7 August 2014. It sets out the minimum working and living rights for seafarers.

Exemptions

The MLC does not cover seafarers serving on the following boats:

ships navigating inland or sheltered waters subject to port regulations

fishing vessels

warships and naval auxiliaries

traditional ships, such as dhows

Minimum requirements

The MLC sets out minimum standards for seafarers to work on a ship, including:

minimum age

medical certification

training and qualifications

Age

The minimum age for seafarers will be 16. Night workers have to be 18 or over.

Exceptions can be allowed for:

training purposes

where the seafarer’s duties require it, as long as their health and safety is not affected

Medical certification

All seafarers must have the right medical certificate to work at sea before they can work on ships.

Training and qualifications

Under the MLC, seafarers will need to:

be trained and qualified to perform onboard duties

receive personal safety training

for training to conform to International Maritime Organisation standards

Find out more about seafarer training and qualifications.

Conditions of employment

Under the MLC, seafarers have minimum working rights covering:

employment agreements

wages

hours of rest

entitlement to leave

repatriation

compensation for a ship’s loss or foundering

manning levels

career and skills development

employment opportunities

Employment contracts

The convention makes sure contracts between seafarers and shipowner provide fair living and working conditions.

Contracts should be in English and include:

shipowner’s name and address

seafarer’s name, date and place of birth

place and date where agreement signed

conditions for the termination of agreement

health and social security protection benefits provided by shipowner

seafarer’s right to repatriation

Seafarers must also be:

allowed to read and consider contracts before signing them

given a record of their employment

given their own copy of their contract (the shipowner should also have a copy)

Wages

Under the MLC, seafarers’ wages must be:

paid regularly - for example, monthly

include monthly statements of accounts

allow seafarers to transfer part or all of their wages

keep currency conversion charges to reasonable limits

Hours of rest

Hours of rest must be at least:

10 hours in any 24 hour period

77 hours in any 7 day period

Crew exercises, such as lifeboat drills, must cause minimal disruption to rest periods. Seafarers called out in a rest period are entitled to a rest period to make up for it.

You can read Merchant Shipping Notice (MSN) 1848 (M) Amendment 3 MLC survey and certification of UK ships.

Holiday pay

Under the MLC, seafarers are entitled to paid leave calculated at 2.5 days per calendar month of employment.

Read more about holiday pay for seafarers in the Merchant Shipping Regulations 2002.

Repatriation

This gives seafarers the right to be returned to their home country:

when their employment contract ends or is cancelled

when they’re no longer able to carry out their duties

in the event of shipwreck

if their ship is bound for a war zone they have not agreed to go to

Shipowners cannot request advance payment for repatriation from seafarers. If a shipowner does not make repatriation arrangements, seafarers on UK ships can be repatriated by the MCA.

Accommodation and recreational facilities

The Maritime and Labour Convention (MLC) ensures seafarers have access to decent accommodation and recreational facilities when living on ships.

Medical care

These cover seafarers’ rights to:

decent on board health protection facilities, including essential dental care

the right to visit qualified medical personnel while in port

access to a qualified medical doctor on ships carrying more than 100 people on international voyages lasting more than 3 days

where there is no doctor on board, there must be designated and able seafarer(s) to provide first aid and medical care

Shipowner’s liabilities

Under the MLC, if a seafarer suffers accident or disability because of their work the shipowner must provide where necessary:

assistance and medical care

repatriation

burial or cremation, if they die

The shipowner must have financial cover in case they are liable for compensation for long-term disability or illness.

A shipowner is not liable when an injury is not related to a seafarer’s duties, when it’s caused by wilful misconduct or when a seafarer intentionally hides an illness or disability.

Health and safety protection

Under the MLC, seafarers’ work environments on ships must:

have regular risk assessments of workplace hazards - for example, from machinery

take steps to prevent work accidents

have a system for reporting accidents and occupational diseases

Enforcement

Under the MLC, the MCA can withdraw a ship’s maritime labour certificate if seafarer living and working conditions are breached.

Complaints

Seafarers can complain if the MLC has not been followed. On board a ship seafarers can complain to a manager. On shore seafarers can complain to an MCA surveyor.

Read MSN 1849 On-board complaints procedure and Marine Guidance Note (MGN) 487 Onshore complaints procedure.


How to claim tax credits

How to claim

Tax credits have been replaced by Universal Credit.

You can only make a claim for Child Tax Credit or Working Tax Credit if you already get tax credits. You’ll need to update your existing tax credit claim by reporting a change in your circumstances online or by phone.

If you cannot apply for tax credits, you can apply for Universal Credit instead.

You might be able to apply for Pension Credit if you and your partner are State Pension age or over.

When to claim

Apply as soon as you know you’re eligible so you get all the money you’re entitled to.

You can claim tax credits at any time of year.

If you know your income will go down

Apply straight away if you know your income will drop to a level that means you’ll be eligible for tax credits.

For example, you could make a claim now if you found out your income is going to drop in 6 months’ time.

The income levels for Working Tax Credit and Child Tax Credit are different.

Usually, tax credits are backdated by up to 31 days from the start of your claim.

Joint claims

You can apply for tax credits as a single person, or as a couple (known as a ‘joint claim’) if you’re both 16 or over and living in the UK.

Usually, you must make a joint claim if:

you’re married or in a civil partnership (and not permanently or legally separated)

you live with your partner as though you’re married or in a civil partnership

you’re temporarily living away from one another, for example looking after a relative or working away from home

your partner is working abroad for the government

You might also need to make a joint claim if you and your partner are not married or in a civil partnership, but:

sometimes live in the same house

have a joint financial agreement

have dependent children

Exceptions

You do not always make a joint claim because you have a partner. For example, make a single claim if:

you live in the UK but your partner lives abroad (unless your partner works for the government)

you both live abroad, you’re from the EEA or Switzerland and you work in the UK but your partner does not

If you’re not sure

Call HM Revenue and Customs to find out if you should make a joint claim.

You must pay back any tax credits you’re not entitled to if you do not make the right sort of application.

Backdate a claim

When you make a claim, your tax credits are usually backdated automatically by up to 31 days. You do not have to do anything.

If you’re claiming other benefits

You have to ask for your tax credits to be backdated if you get:

Income Support

Jobseeker’s Allowance (income-based)

Employment and Support Allowance (income-related)

Pension Credit

You might not get the full backdated claim if you stopped getting one of these benefits in the last 31 days and you’re claiming both Child Tax Credit and Working Tax Credit.

Backdating by more than 31 days

Tax credit claims can sometimes be backdated by more than 31 days if you:

apply within a month of getting refugee status

apply within 31 days of qualifying for certain sickness or disability benefits, such as Disability Living Allowance or Personal Independence Payment

Do not apply to backdate these claims until you’ve been given a decision on your refugee status or disability benefits.

You should still apply for other tax credits if you already qualify for them, for example if you have children.

How to backdate a claim

If you’re claiming over the phone, call HM Revenue and Customs to ask them to backdate your claim.

If you’re using claim form, include a page confirming:

your name, address and National Insurance number

the date you started work

the date you started getting one of the benefits listed, if you’re not in work

the date you got a decision on your refugee status or disability benefits - if you’re applying to backdate by more than 31 days

What counts as income

Usually, what you’re entitled to is based on your income for the last tax year (6 April 2020 to 5 April 2021).

Income includes:

money from employment before tax and National Insurance, including if you cannot work but you’re still getting paid (‘on furlough’)  - check your P60s, P45s or payslips

earnings if you’re self-employed before tax and National Insurance, including grants from the Self-Employment Income Support Scheme - check your Self Assessment tax return

money from some coronavirus (COVID-19) payments

benefits from your employer (check your P11D)

certain state benefits

money from a pension - including your State Pension

interest on savings

your partner’s income - if you make a joint claim

UK company dividends

profit from a property you own or rent out in the UK

earnings from the Rent a Room Scheme above £7,500 (or £3,750 if you’re a joint owner)

payment above £30,000 because your job ended

HM Revenue and Customs (HMRC) has detailed guidance if you need help working out your income.

Benefits

Income includes money from UK state benefits (or their foreign equivalents) except income-based Jobseeker’s Allowance (JSA) or ‘tax-free’ benefits. Tax-free benefits include:

Child Benefit

Housing Benefit

Attendance Allowance

Disability Living Allowance

Personal Independence Payment

the foreign equivalents of UK tax-free benefits

To support your claim, keep records of your income, bills, payslips, benefits, tax credits, childcare and child’s education for the current tax year and at least 2 years before that.

Work out your hours

Put the number of hours you work in a normal week on your claim form.

Add all your hours together if you have more than one job.

If you’ve just started work put the hours you expect to work.

Type of work | How to work out your hours

Employed | Include overtime, but not unpaid breaks

Self-employed | Include all the time you spend on your business (once you’ve set it up)

Seasonal | Put the hours you’re working at the moment

Regular term-time | Put the hours you work during term time

Agency | Decide your normal hours with your employer

On-call | Only count the hours you’re called to work

On standby | Do not count the time when you’re not paid


Tax credits if you leave or move to the UK

Your family lives abroad

If your partner is outside the UK and you do not have children, check the Working Tax Credit guidance for information on whether you can continue to claim.

You have a child who lives abroad

If you already get Working Tax Credit and want to add Child Tax Credit to your claim, check if you’re eligible.

If you already get Child Tax Credit, you may be able to make a claim for an additional child if:

you are working in the UK

the child is living in the EEA or Switzerland

you are supporting the child

You must also be one of the following:

an EEA or Swiss citizen who has settled or pre-settled status under the EU Settlement Scheme

an EEA or Swiss citizen who had a right to reside in the UK on 31 December 2020

a family member of an EEA or Swiss citizen (who has settled or pre-settled status under the EU Settlement Scheme or had a right to reside in the UK on 31 December 2020) and you are residing in the UK

a person with dual nationality, one of which is nationality of an EEA country or Switzerland

covered by any of the other conditions in the Withdrawal Agreement with the EEA and Switzerland

You usually cannot claim for a child who lives outside the EEA or Switzerland. There’s an exception if your partner is a Crown servant posted abroad.

You must let HMRC know within a month if your partner or child join you in the UK. This is because your tax credits payments may change.

Your partner gets benefits in an EEA country or Switzerland

If you’ve got children and your partner gets benefits paid by an EEA country or Switzerland, this may affect your tax credits. You must tell HMRC if you or your partner are paid benefits by an EEA country or Switzerland.

Some benefits are counted as income, for example benefits paid because of unemployment.

Going abroad

Your tax credits will stop if you expect to be away for one year or more.

You may still qualify for tax credits if you go abroad for a short period, for example on holiday or for medical treatment.

Reason for leaving | How long you can get tax credits for

Medical treatment for yourself, your partner or your child | Up to 12 weeks

Death of your partner, a child or close relative of either you or your partner | Up to 12 weeks

Any other reason, for example holidays or business | Up to 8 weeks

If your trip is going to last longer than 8 or 12 weeks, contact HM Revenue and Customs (HMRC) within a month. Your tax credits will end unless:

you get UK benefits or State Pension and you live in another European country with a child

you work and pay National Insurance contributions in the UK, but your family lives in another European country

You live outside the UK

You may continue to get tax credits if you’re a Crown servant posted overseas or you live abroad with your child and get UK benefits or the State Pension.

You’re a Crown servant posted overseas

You may continue to get tax credits, just as if you were living in the UK. HM Revenue and Customs (HMRC) will treat you as being in the UK if any of the following applies:

you are, or were just before you were posted abroad, ‘ordinarily resident’ in the UK

you’ve had a series of postings abroad, with no breaks in between - and you are or were ‘ordinarily resident’ in the UK immediately before the first of those postings

you were in the UK just before you were posted abroad and the reason you were in the UK was connected to your posting - this can apply to a single posting or to a series of postings

Ordinarily resident

Ordinarily resident means you normally live in the UK, and plan to stay here for the time being. When HMRC decides if you’re ordinarily resident in the UK they’ll look at things like:

where your settled home is

where your close family live

why you came to the UK

if you plan to leave the UK permanently in the next 2 or 3 years

Your partner’s a Crown servant posted overseas

You may continue to get tax credits if your partner’s a Crown servant posted outside the UK and you:

live with your partner while they work abroad

live in the UK while your partner works abroad

You do not need to be ordinarily resident in the UK during the time you’re with your Crown servant partner overseas.

You have a child - and get UK benefits or State Pension

If none of the sections above apply to you, you may continue to get Child Tax Credit (or add it to an existing Working Tax Credit claim) if you and your child live in a European Union (EU) member state and you get State Pension or one of the following benefits:

Incapacity Benefit

State Pension

Widow’s Benefit

Bereavement Benefit

Industrial Injuries Disablement Benefit

contribution-based Employment and Support Allowance

Severe Disablement Allowance

You will not be able to get Child Tax Credit if you do not live in an EU member state, unless you (or your partner) are a Crown servant posted abroad.

Moving to the UK

You must have been living in the UK for 3 months before you were eligible to claim Child Tax Credit if you moved to the UK on or after 1 July 2014 and do not have a job. This does not apply if you:

are a family member of someone who works or is self-employed

are a refugee

have been granted discretionary leave to enter or stay in the UK and you can get benefits

have been given leave to stay as a displaced person and you can get benefits

have been given to leave to stay and have applied for settlement as a victim of domestic violence

have been granted humanitarian protection

were made redundant in the UK (or your family member was) and you’re looking for a job or in training

were working in the UK before but temporarily cannot work because of your health or an accident

have been abroad for less than a year but usually live in the UK and were claiming Child Tax Credits before moving

have been abroad for less than a year but usually live in the UK and were in the UK for at least 3 months before moving

paid Class 1 or Class 2 National Insurance contributions while you were working abroad, and paid these in the 3 month period before returning to the UK

Cross-border workers

You may continue to get tax credits if you regularly travel from:

another country to work in the UK

the UK to work in another country

Working Tax Credit

You may continue to get Working Tax Credit if you live in:

an EEA country (including Switzerland) and work in the UK

the UK and work in an EEA country (including Switzerland)

Child Tax Credit

You and your partner - if you have one - may continue to get Child Tax Credit for your children if:

you work in the UK

you pay National Insurance as a worker here

your child lives in an EEA country or in Switzerland

your child is living with your partner or someone else and they depend on you to support them

Childcare costs

You can usually claim help for your childcare costs through the childcare element of Working Tax Credit.

To qualify your children must either:

be in registered or approved childcare in the UK

be in childcare approved by a Ministry of Defence accreditation scheme abroad - if you’re a Crown servant posted abroad

Immigration control

You usually cannot get tax credits if you’re ‘subject to immigration control’, although there are some exceptions. You’ll still need to meet the other qualifying rules, for example work the right number of hours.

When you arrived in the UK your passport may have been stamped. The stamp shows the conditions of your stay in the UK, for example ‘no recourse to public funds’. Public funds include tax credits and most benefits.

Exceptions

You may continue to get tax credits if:

your partner lives in the UK and is not subject to immigration control

one of the examples below applies to you or your partner

You have permission to stay in the UK because someone else supports you

You may continue to get tax credits if someone else is responsible for your maintenance while you’re in the UK. This means they pay for your upkeep and provide you with somewhere to live. This person is often called your ‘sponsor’, and could be a friend, employer or relative.

All of the following must apply:

your sponsor has given the Home Office a written statement saying that they’re sponsoring you

your sponsor has permission to stay in the UK

you’ve been living permanently in the UK for at least 5 years, either since you came into the UK or since you started being sponsored (whichever date is later)

You may also continue to get tax credits if you’ve been living in the UK for fewer than 5 years, but:

your sponsor has died

all your sponsors - if you had more than one - have died

You’re from Albania, Morocco, San Marino or Tunisia

You cannot get Working Tax Credit.

You may continue to get Child Tax Credit if you’re either working in the UK or you’re not working because you’re:

retired

pregnant or looking after children

sick or disabled or your partner has died

You’re from Turkey

To continue to get Working Tax Credit you need to be lawfully present in the UK and a Turkish national.

retired

pregnant or looking after children

You’re from North Macedonia

You may continue to get Working Tax Credit if you’re a national of North Macedonia. You’ll need to be lawfully present in the UK.

You cannot normally get Child Tax Credit. However, you may continue to if you’ve been getting payments for your children through Income Support or income-based Jobseeker’s Allowance.

You claimed asylum before 5 February 2006

You may continue to get Child Tax Credit if you received financial support for your children through Income Support or income-based Jobseeker’s Allowance.


Complain about a school

Types of complaints

There are different ways to complain in England depending on whether your child:

attends a state school

attends a private school

has special educational needs (SEN)

Schools may not consider complaints about behaviour that happens outside the school’s hours or premises – check the school’s behaviour policy.

There are different ways to complain about schools in:

Scotland

Wales

Northern Ireland

Other types of complaint

For some types of complaint you need to contact a different agency.

Complaint | Who to contact

Child protection | Local council

Criminal behaviour | Police

Data protection | Information Commissioner’s Office

Discrimination | Equality Advisory and Support Service

Employment | An employment tribunal

Exam malpractice or maladministration (SATs) | Standards and testing agency

Exam malpractice or maladministration (secondary school) | Ofqual and the awarding body

Legal advice

You can get free legal advice about schooling and education from Child Law Advice.

State schools

State schools include:

maintained schools

academies and free schools

Contact your local council or call your local police on 101 if you think a child is at risk. Call 999 if a child is in immediate danger.

How to complain

Contact the school to discuss the problem first - most problems can be solved this way.

Follow all the steps in the school’s complaints procedure to make a formal complaint. Every school in England must have one. It’s often on the school’s website and should tell you the kind of complaints the school deals with.

You may not be able to complain to academies or free schools if you do not have a child at the school.

You can complain to the Department for Education (DfE) directly if:

a child is at risk

a child is missing school

the school is stopping you from following its complaints procedure

If you think your complaint was not dealt with correctly

You can ask DfE to consider your complaint if you’ve followed all the steps in the school’s complaints procedure.

Tell Ofsted about a problem

Ofsted cannot respond to or resolve individual complaints but you can still tell Ofsted about a problem with a school. They can use the information you provide to decide when to inspect and what areas to focus the inspection on.

Private schools

Call 999 if a child is in immediate danger.

Make a complaint

Follow the school’s complaints procedure - every school in England must have one. It should be published on the school’s website.

It should tell you what kind of complaints the school will deal with, such as bullying or bad behaviour.

You cannot complain directly to a private school if you do not have a child at the school.

Further complaints

The Department for Education (DfE) cannot investigate individual complaints about private schools. But it has certain powers as a regulator if the school is not meeting standards set by DfE for:

education

pupil welfare and health and safety

school premises

staff suitability

making information available to parents

spiritual, moral, social or cultural development of students

DfE will consider any reports of a major failure to meet the standards. It can arrange an emergency inspection to look at pupil welfare and health and safety, and make sure serious failings are dealt with.

DfE can ask the school inspectorates to take minor complaints into account when the school is next inspected.

You can complain to the DfE by filling in the school complaints form.

Special educational needs (SEN)

If you want to complain about a school’s SEN support, you should do it while your child is still registered at the school.

This includes complaints that the school has not provided the support required by your child’s SEN statement or education, health and care (EHC) plan.

Make a complaint

Follow these steps in order. Move on to the next step if your complaint is not resolved.

Talk to the school’s special educational needs co-ordinator (SENCO).

Follow the school’s complaints procedure.

Complain to your local authority.

Complain to the Education and Skills Funding Agency (ESFA) instead of the local authority if both the following apply:

the school is an academy or free school

your complaint is not about an SEN statement or an EHC plan

There’s a different process if you disagree with a decision your local authority has made about an SEN statement or an EHC plan.

Disability discrimination

Follow the school’s complaints process if you believe a school has discriminated against someone because of their disability.

If this does not solve the problem, or you do not want to complain to the school first, you may be able to complain to the Special Educational Needs and Disability (SEND) tribunal.

Who can complain to the SEND tribunal

You can complain to the tribunal if you’re:

someone with parental responsibility for a young person, or their foster parent or carer

a young person over school leaving age but under 18

You can complain to the tribunal about:

a school, nursery or pupil referral unit maintained by a local authority

an independent school

a free school, including an academy

You cannot complain to the tribunal about:

a private nursery, unless it’s part of a school

a further education college

an organisation using a school’s premises

Complain to the SEND tribunal

You must send your complaint to the tribunal within 6 months of the discrimination taking place. If you send your complaint more than 6 months later, you’ll be asked to explain why.

Your complaint can include events which happened more than 6 months ago, as long as these directly relate to events that have taken place in the last 6 months. The tribunal must be able to treat events as a single complaint about one ongoing issue.

For example, if your child was permanently excluded from school after a series of fixed-term exclusions which you believe were all because of the child’s disability, the tribunal could treat them as a single complaint.

It’s free to make a complaint to the SEND tribunal.

Download and fill in:

form SEND4A if you’re a parent making a complaint on behalf of a child

form SEND4B if you’re a young person above school leaving age making a complaint for yourself

The address to send it to is on the form.

You can include details of up to 5 witnesses who you’d like to bring to the hearing on your form.

Contact the tribunal if you have any questions about completing the form. They cannot give you legal advice.

Special Educational Needs and Disability Tribunal

Help you can get

Check if you can get legal aid.

You can also get free help and advice from:

the Independent Parental Special Education Advice (IPSEA)

your local Parent Partnership Service through the Information, Advice and Support Services (IASS) Network

After you make your complaint

Once the tribunal has registered your complaint, it will ask you and the school you’re complaining about if you agree to the complaint being decided without a hearing.

If you both agree, the tribunal will make a decision about your complaint.

If you do not agree, the tribunal will send you a letter telling you if they’ll hold a hearing, and when and where it’ll take place.

You can complain to the Department for Education (DfE) about a school if the SEND tribunal will not handle your case.

Attending the hearing

You may be able to attend the hearing by video link. If you do need to attend in person, the hearing will be close to your home.

Change or withdraw your complaint before the hearing

Download and fill in:

form SEND7 to change your complaint, for example to ask for a different hearing date or add more witnesses

form SEND8 to withdraw your complaint

What happens at the hearing

The hearing will usually be attended by:

up to 3 tribunal members

a clerk

someone representing the school or local authority you’re complaining about

witnesses

You do not have to go to the hearing, but if you do you can ask questions and present the case yourself. If you’re complaining as a young person, your parents can come to the hearing.

Fill in the attendance form if you want to bring:

someone to represent you

someone to support you

witnesses

You can ask to have an interpreter at the hearing. They’ll translate what happens but they cannot represent you or give you legal advice.

You might be asked questions by:

your legal representative (if you have one)

the local authority’s representative

the tribunal

You’ll usually get a letter with the tribunal’s decision within 10 working days of the hearing.

Claiming expenses

You might be able to claim travel expenses for going to the hearing.

Your witnesses might also be able to claim expenses for travel and loss of earnings.

If you bring a friend or relative to the hearing, you might also be able to claim for their travel costs.

If your complaint is successful

The school or local authority must act on the tribunal’s decision within a set amount of time.

You can complain to the Local Government Ombudsman if a local authority does not keep to the decision.

Local Government Ombudsman

If your complaint is not successful

The letter giving the tribunal’s decision will tell you how to apply to:

get the decision ‘set aside’ (cancelled) if you think there’s been a mistake in the process

ask the tribunal to ‘review’ the decision, for example if your circumstances have changed since you got the decision or the decision contains a mistake

You can also ask for permission to appeal to the Upper Tribunal (Administrative Appeals) Chamber if you think the SEND tribunal has made a mistake and acted against the law.

You must ask for permission to appeal within 28 days of the date on the tribunal’s decision letter.


Types of school

Overview

All children in England between the ages of 5 and 16 are entitled to a free place at a state school.

State schools receive funding through their local authority or directly from the government. The most common ones are:

community schools, which are sometimes called local authority maintained schools - they are not influenced by business or religious groups and follow the national curriculum

foundation schools and voluntary schools, which are funded by the local authority but have more freedom to change the way they do things - sometimes they are supported by representatives from religious groups

academies and free schools, which are run by not-for-profit academy trusts, are independent from the local authority - they have more freedom to change how they run things and can follow a different curriculum

grammar schools, which can be run by the local authority, a foundation body or an academy trust - they select their pupils based on academic ability and there is a test to get in

You can find and compare schools in England, Northern Ireland, Scotland and Wales.

Special schools

Special schools with pupils aged 11 and older can specialise in 1 of the 4 areas of special educational needs:

communication and interaction

cognition and learning

social, emotional and mental health

sensory and physical needs

Schools can further specialise within these categories to reflect the special needs they help with, for example Autistic spectrum disorders, visual impairment, or speech, language and communication needs (SLCN).

Faith schools

Faith schools have to follow the national curriculum, but they can choose what they teach in religious studies.

Faith schools may have different admissions criteria and staffing policies to state schools, although anyone can apply for a place.

Faith academies

Faith academies do not have to teach the national curriculum and have their own admissions processes.

Free schools

Free schools are funded by the government but are not run by the local authority. They have more control over how they do things.

They’re ‘all-ability’ schools, so can not use academic selection processes like a grammar school.

Free schools can:

set their own pay and conditions for staff

change the length of school terms and the school day

They do not have to follow the national curriculum.

Who can set up free schools

Free schools are run on a not-for-profit basis and can be set up by groups like:

charities

universities

independent schools

community and faith groups

teachers

parents

businesses

Types of free school

University technical colleges

University technical colleges specialise in subjects like engineering and construction - and teach these subjects along with business skills and using IT.

Pupils study academic subjects as well as practical subjects leading to technical qualifications. The curriculum is designed by the university and employers, who also provide work experience for students.

University technical colleges are sponsored by:

universities

employers

further education colleges

Studio schools

Studio schools are small schools (usually with around 300 pupils) teaching mainstream qualifications through project-based learning. This means working in realistic situations as well as learning academic subjects.

Students work with local employers and a personal coach, and follow a curriculum designed to give them the skills and qualifications they need in work, or to take up further education.

Academies

Academies receive funding directly from the government and are run by an academy trust. They have more control over how they do things than community schools. Academies do not charge fees.

Academies are inspected by Ofsted. They have to follow the same rules on admissions, special educational needs and exclusions as other state schools and students sit the same exams.

Academies have more control over how they do things, for example they do not have to follow the national curriculum and can set their own term times.

Some schools choose to become academies. If a school funded by the local authority is judged as ‘inadequate’ by Ofsted then it must become an academy.

Academy trusts and sponsors

Academy trusts are not-for-profit companies. They employ the staff and have trustees who are responsible for the performance of the academies in the trust. Trusts might run a single academy or a group of academies.

Some academies are supported by sponsors such as businesses, universities, other schools, faith groups or voluntary groups. Sponsors work with the academy trust to improve the performance of their schools.

City technology colleges

City technology colleges and ‘ the city college for the technology of the arts’ are independent schools in urban areas that are free to go to. They’re funded by central government - companies can also contribute.

City technology colleges emphasise teaching science and technology.

The city college for the technology of the arts teaches technology in its application of performing and creative arts, for example by offering interactive digital design courses.

State boarding schools

State boarding schools provide free education but charge fees for boarding. Most state boarding schools are academies, some are free schools and some are run by local authorities.

State boarding schools give priority to children who have a particular need to board and will assess children’s suitability for boarding.

Charities such as Buttle UK or the Royal National Children’s Foundation can sometimes help with the cost of boarding.

Contact the State Boarding Forum for more information about state boarding schools, eligibility and how to apply.

Private schools

Private schools (also known as ‘independent schools’) charge fees to attend instead of being funded by the government. Pupils do not have to follow the national curriculum.

All private schools must be registered with the government and are inspected regularly.

Reports on private schools

All school reports are published online by the organisation responsible for inspecting them. Find out from the school which organisation inspects them.

Half of all independent schools are inspected by Ofsted.

The Independent Schools Inspectorate inspects schools that are members of the  associations that form the Independent Schools Council.

Some other schools are inspected by the School Inspection Service.

Special educational needs

There are also private schools which specialise in teaching children with special educational needs.


The national curriculum

Overview

The ‘basic’ school curriculum includes the ‘national curriculum’, as well as religious education and sex education.

The national curriculum is a set of subjects and standards used by primary and secondary schools so children learn the same things. It covers what subjects are taught and the standards children should reach in each subject.

Other types of school like academies and private schools do not have to follow the national curriculum. Academies must teach a broad and balanced curriculum including English, maths and science. They must also teach religious education.

Key stages

The national curriculum is organised into blocks of years called ‘key stages’ (KS). At the end of each key stage, the teacher will formally assess your child’s performance.

Child’s age | Year | Key stage | Assessment

3 to 4 |  | Early years |

4 to 5 | Reception | Early years | Teacher assessments (there’s also an optional assessment at the start of the year)

5 to 6 | Year 1 | KS1 | Phonics screening check

6 to 7 | Year 2 | KS1 | National tests and teacher assessments in English, maths and science

7 to 8 | Year 3 | KS2 |

8 to 9 | Year 4 | KS2 |

9 to 10 | Year 5 | KS2 |

10 to 11 | Year 6 | KS2 | National tests and teacher assessments in English and maths, and teacher assessments in science

11 to 12 | Year 7 | KS3 |

12 to 13 | Year 8 | KS3 |

13 to 14 | Year 9 | KS3 |

14 to 15 | Year 10 | KS4 | Some children take GCSEs

15 to 16 | Year 11 | KS4 | Most children take GCSEs or other national

Assessments

By the end of each summer term the school must write a report on your child’s progress and talk it through with you.

Key stage 1 and 2

Compulsory national curriculum subjects at primary school are:

English

maths

science

design and technology

history

geography

art and design

music

physical education (PE), including swimming

computing

ancient and modern foreign languages (at key stage 2)

Schools must provide religious education (RE) but parents can ask for their children to be taken out of the whole lesson or part of it.

Schools often also teach:

personal, social and health education (PSHE)

citizenship

modern foreign languages (at key stage 1)

Tests and assessments

Year 1 phonics screening check

The check will take place in June when your child will read 40 words out loud to a teacher. You’ll find out how your child did, and their teacher will assess whether he or she needs extra help with reading. If your child does not do well enough in the check they’ll have to do it again in Year 2.

Key stage 1

Key stage 1 tests cover:

English reading

English grammar, punctuation and spelling

maths

Your child will take the tests in May. You can ask the school for the test results.

You’ll be sent the results of your child’s teacher assessments automatically.

Key stage 2

Your child will take national tests in May when they reach the end of key stage 2. These test your child’s skills in:

English reading

maths

The tests last less than 4 hours. You’ll get the results in July.

The school will send you the results of your child’s tests and teacher assessments.

Key stage 3 and 4

Key stage 3

Compulsory national curriculum subjects are:

English

maths

science

history

geography

modern foreign languages

design and technology

art and design

music

physical education

citizenship

computing

Schools must provide religious education (RE) and sex education from key stage 3 but parents can ask for their children to be taken out of the whole lesson or part of it.

Key stage 4

During key stage 4 most pupils work towards national qualifications - usually GCSEs.

The compulsory national curriculum subjects are the ‘core’ and ‘foundation’ subjects.

Core subjects are:

English

maths

science

Foundation subjects are:

computing

physical education

citizenship

Schools must also offer at least one subject from each of these areas:

arts

design and technology

humanities

modern foreign languages

They must also provide religious education (RE) and sex education at key stage 4.

English Baccalaureate (EBacc)

The EBacc is a way to measure how many pupils in a school choose to take a GCSE in these core subjects:

English language and literature

maths

the sciences

history or geography

a language

Find out more about the EBacc.

Other compulsory subjects

Children must also study:

sex and relationships education (year 7 onwards)

religious education (RE)

They may not have to take exams in these subjects.

Sex and relationship education

Sex and relationship education (SRE) is compulsory from age 11 onwards. It involves teaching children about reproduction, sexuality and sexual health. It does not promote early sexual activity or any particular sexual orientation.

Some parts of sex and relationship education are compulsory - these are part of the national curriculum for science. Parents can withdraw their children from all other parts of sex and relationship education if they want.

All schools must have a written policy on sex education, which they must make available to parents for free.

Religious education

Schools have to teach RE but parents can withdraw their children for all or part of the lessons. Pupils can choose to withdraw themselves once they’re 18.

Local councils are responsible for deciding the RE syllabus, but faith schools and academies can set their own.


Children with special educational needs and disabilities (SEND)

Overview

Special educational needs and disabilities (SEND) can affect a child or young person’s ability to learn. They can affect their:

behaviour or ability to socialise, for example they struggle to make friends

reading and writing, for example because they have dyslexia

ability to understand things

concentration levels, for example because they have ADHD

physical ability

Who to talk to

If you think your child may have special educational needs, contact the SEN co-ordinator, or ‘SENCO’ in your child’s school or nursery.

Contact your local council if your child is not in a school or nursery.

Your local Information, Advice and Support (IAS) Service can give you advice about SEND.

Support your child can receive

Your child may be eligible for:

SEN support - support given in school, like speech therapy

an education, health and care (EHC) plan - a plan of care for children and young people aged up to 25 who have more complex needs

If you or your child got support before September 2014 this will continue until your local council changes it to an EHC plan.

Special educational needs support

Your child will get SEN support at their school or college.

Your child may need an education, health and care (EHC) plan if they need more support than their school provides.

Children under 5

SEN support for children under 5 includes:

a written progress check when your child is 2 years old

a child health visitor carrying out a health check for your child if they’re aged 2 to 3

a written assessment in the summer term of your child’s first year of primary school

making reasonable adjustments for disabled children, like providing aids like tactile signs

Nurseries, playgroups and childminders registered with Ofsted follow the Early Years Foundation Stage (EYFS) framework. The framework makes sure that there’s support in place for children with SEND.

Talk to a doctor or health adviser if you think your child has SEND but they do not go to a nursery, playgroup or childminder. They’ll tell you what support options are available.

Children between 5 and 15

Talk to the teacher or the SEN co-ordinator (SENCO) if you think your child needs:

a special learning programme

extra help from a teacher or assistant

to work in a smaller group

observation in class or at break

help taking part in class activities

extra encouragement in their learning, for example to ask questions or to try something they find difficult

help communicating with other children

support with physical or personal care difficulties, for example eating, getting around school safely or using the toilet

Young people aged 16 or over in further education

Contact the college before your child starts further education to make sure that they can meet your child’s needs.

The college and your local authority will talk to your child about the support they need.

Extra help

An education, health and care (EHC) plan is for children and young people aged up to 25 who need more support than is available through special educational needs support.

EHC plans identify educational, health and social needs and set out the additional support to meet those needs.

Requesting an EHC assessment

You can ask your local authority to carry out an assessment if you think your child needs an EHC plan.

A young person can request an assessment themselves if they’re aged 16 to 25.

A request can also be made by anyone else who thinks an assessment may be necessary, including doctors, health visitors, teachers, parents and family friends.

If they decide to carry out an assessment you may be asked for:

any reports from your child’s school, nursery or childminder

doctors’ assessments of your child

a letter from you about your child’s needs

The local authority will tell you within 16 weeks whether an EHC plan is going to be made for your child.

Creating an EHC plan

Your local authority will create a draft EHC plan and send you a copy.

You have 15 days to comment, including if you want to ask that your child goes to a specialist needs school or specialist college.

Your local authority has 20 weeks from the date they receive the request for the assessment to give you the final EHC plan.

Disagreeing with a decision

You can challenge your local authority about:

their decision to not carry out an assessment

their decision to not create an EHC plan

the special educational support in the EHC plan

the school named in the EHC plan

If you cannot resolve the problem with your local authority, you can appeal to the Special Educational Needs and Disability (SEND) Tribunal.

Personal budgets

You may be able to get a personal budget for your child if they have an EHC plan or have been told that they need one.

It allows you to have a say in how to spend the money on support for your child.

There are 3 ways you can use your personal budget. You can have:

direct payments made into your account - you buy and manage services yourself

an arrangement with your local authority or school where they hold the money for you but you still decide how to spend it (sometimes called ‘notional arrangements’)

third-party arrangements - you choose someone else to manage the money for you

You can have a combination of all 3 options.

Independent support for children of all ages

Independent supporters can help you and your child through the new SEN assessment process, including:

replacing a statement of special educational needs with a new EHC plan

moving a child from a learning difficulty assessment (LDA) to an EHC plan

You can find out how to get local support through:

Council for Disabled Children

Information, Advice and Support Service Network

your local authority website and search for ‘Local Offer’

If your child got support before September 2014

Your child will move to an education, health and care (EHC) plan. This will normally happen at a planned review, or when your child moves school. Your council will tell you which.

Your child will already be getting SEN support if they used to get help through:

School Action or School Action Plus

Early Years Action or Early Years Action Plus

Support after your child leaves school

If your child has a statement of special educational needs, they’ll have a ‘transition plan’ drawn up in Year 9. This helps to plan for their future after they leave school.

They’ll continue to get support during further education. Your child can also ask for an EHC assessment if they need more help than the school or college can provide.

Help and advice

You can call the Contact a Family helpline for help and advice.

You can also get help from Independent Parental Special Education Advice (IPSEA).