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| Clause 28, page 22, line 21, leave out from ‘which’ to end of line 22 and insert ‘is |
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| under a duty under section 3 of the National Health Service Act 2006 to arrange for the |
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| provision of services or facilities for any children and young people for whom the |
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| authority is responsible;’. |
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| Clause 28, page 22, line 27, at end insert— |
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| | ‘(n) | the proprietors or management of early years settings providing |
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| | education other than nursery schools in its area or which are attended, or |
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| | are likely to be attend, by children and young people for whom the local |
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| | authority is responsible. |
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| | (o) | the management or advisory board of Children’s Centres in its area or |
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| | which are attended, or are likely to be attended, by children and young |
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| | people for whom the local authority is responsible. |
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| | (p) | any organisation providing out of school childcare or short break services |
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| | in its area or which are attended, or are likely to be attended, by children |
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| | and young people for whom the local authority is responsible. |
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| | (q) | other local authorities.’. |
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| Clause 28, page 22, line 27, at end insert— |
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| | ‘(2A) | The Local Government Ombudsman has jurisdiction for the purposes of this Part |
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| | over the partners set out in subsections (2)(a) to (2)(i). |
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| | (2B) | The NHS Ombudsman has jurisdiction for the purposes of this Part over the |
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| | partners set out in subsections (2)(j) to (2)(m).’. |
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| Clause 28, page 22, line 39, at end add— |
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| | ‘(4) | Regulations may prescribe circumstances in which a clinical commissioning |
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| | group that would otherwise be a local partner of a local authority by virtue of |
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| | subsection (2)(k)(ii) is to be treated as not being a local partner of the authority.’. |
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| Clause 28, page 22, line 39, at end add— |
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| | ‘(4) | A local authority in England may co-operate with another local authority in |
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| | England to commission and provide services for children and young people with |
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| | low incidence special educational needs.’ |
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| Clause 29, page 22, line 44, after ‘schools’, insert ‘including academies and free |
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| Clause 29, page 22, line 45, leave out ‘maintained nursery schools’ and insert ‘the |
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| providers of relevant early years education in its area’. |
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| Clause 29, page 23, line 1, at end insert— |
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| | ‘(g) | non-maintained special schools; |
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| | (h) | institutions approved by the Secretary of State under section 41; |
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| | (i) | Ofsted-registered early years settings other than maintained nursery |
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| Clause 30, page 23, line 17, leave out ‘it expects to be’ and insert ‘which is’. |
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| Clause 30, page 23, line 19, after ‘needs’, insert ‘and their families’. |
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| Clause 30, page 23, line 20, leave out ‘it expects to be’ and insert ‘which is’. |
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| Clause 30, page 23, line 22, at end insert ‘and their families’. |
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| Clause 30, page 23, line 25, at end insert ‘including provision in institutions |
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| approved by the Secretary of State by virtue of section 41 of this Part.’. |
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| Clause 30, page 23, line 25, at end insert ‘including institutions approved by the |
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| Secretary of State under section 41’. |
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| Clause 30, page 23, line 29, after ‘young people’, insert ‘and their families’. |
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| Clause 30, page 23, line 30, at end insert— |
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| | ‘(f) | services providing advice and support to the wider family of children and |
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| | young people with special educational needs.’. |
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| Clause 30, page 23, line 33, after ‘employment’, insert ‘, retaining employment |
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| Clause 30, page 23, line 35, at end insert ‘, including in online communities.’. |
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| Clause 30, page 23, line 39, at end insert— |
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| | ‘(5A) | Any revision to a local offer made by virtue of subsection (5) must be |
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| | communicated clearly to children and young people with special educational |
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| | needs and their families with whom the authority has had prior contact, as well as |
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| | described in an addendum to the revised document.’. |
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| Clause 30, page 23, line 39, at end insert— |
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| | ‘(5B) | In exercising its duty under subsection (5), the local authority must have regard |
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| | to any review carried out under section 27.’. |
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| Clause 30, page 23, line 43, leave out ‘parents’ and insert ‘families’. |
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| Clause 30, page 24, line 2, at end insert— |
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| | ‘(7A) | Regulations must make provision about a national framework, including— |
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| | (a) | the principles underpinning the local offer; |
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| | (b) | how services in the local offer are to be reviewed; |
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| | (c) | the scope of what should be covered by the local offer; |
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| | (d) | the format in which a local offer will be prepared and published; and |
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| | (e) | how services can be held to account for failing to deliver what is set out |
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| Clause 30, page 24, line 2, at end insert— |
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| | ‘(7A) | The Secretary of State shall lay a draft of regulations setting out the minimum |
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| | level of specific special educational provision, health care provision and social |
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| | care provision that local authorities must provide as part of their local offer, and |
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| | the regulations are not to be made unless they have been approved by a resolution |
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| | of each House of Parliament. |
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| | (7B) | Once regulations under subsection (6A) have been made, the Secretary of State |
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| | (a) | issue guidance to local authorities on how to meet these regulations, and |
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| | (b) | publish information on these regulations accessible to the families of |
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| | children and young people with special educational needs on the |
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| | Department’s website, and in any other way he sees fit.’. |
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| Clause 30, page 24, line 3, leave out ‘may make provision about’ and insert ‘should |
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| Clause 30, page 24, line 9, leave out ‘parents’ and insert ‘families’. |
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| Clause 30, page 24, line 13, at end insert— |
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| | ‘(f) | the arrangements to support all teaching staff to help children with |
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| | special educational needs.’. |
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| Clause 30, page 24, line 20, at end insert— |
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| | ‘(ca) | information on the steps the local authority is taking to improve general |
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| | provision for and inclusion of children and young people in mainstream |
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| Clause 30, page 24, line 22, at end insert— |
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| | ‘(e) | information about how transitional planning will be undertaken by |
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| | officers of the local authority; |
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| | (f) | information on additional services for children with high incidence and |
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| Clause 30, page 24, line 22, at end add— |
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| | ‘(4A) | Where a service is set out in the local offer, the responsible agency has a duty to |
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| Clause 31, page 24, line 38, at end insert— |
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| | ‘(3A) | Where a specified body does not comply with a request made under subsection |
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| | (1), and the requesting local authority is not satisfied with the reasons given under |
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| | subsections (2) and (3), the requesting local authority may make a request to the |
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| | Secretary of State for Health to investigate. |
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| | (3B) | Regulations may provide for the timescales within which the Secretary of State |
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| | for Health should assess and complete investigations requested under subsection |
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| | (3A), as well as powers to be granted to the Secretary of State for Health to enable |
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| | him to uphold any such complaints.’. |
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| Clause 32, page 24, line 45, after ‘and’, insert ‘children and’. |
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| Clause 32, page 25, line 1, after ‘information’, insert ‘in an appropriately |
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| Clause 32, page 25, line 2, at end insert— |
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| | ‘(1A) | Local authorities must ensure that in exercising their functions under subsection |
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| | (1), advice should be provided in the form of— |
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| | (b) | online resources, including signposting to resources published by others; |
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| | (c) | face to face discussions; |
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| | (d) | any other form which the local authority may deem necessary in |
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| | pursuance of its duties under the Equality Act. |
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| | (1B) | Local authorities must not make, or allow any individuals or organisations |
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| | providing advice on their behalf to make, any charge to families of children with |
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| | special educational needs, or young people with special educational needs, in |
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| | exercising their functions under this section.’. |
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| Clause 32, page 25, line 6, after ‘(b)’, insert ‘children and’. |
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| Clause 32, page 25, line 11, at end add— |
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| | ‘(4) | Local authorities must ensure that internet-based services provided by them or on |
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| | their behalf in pursuance of their duties under this section meet British Standard |
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| Clause 33, page 25, line 18, leave out ‘maintained’ and insert ‘mainstream’ |
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| Clause 33, page 25, leave out line 22 and insert— |
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| | ‘(b) | meeting the specific needs of the child or young person’. |
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| Clause 34, page 26, line 25, at end insert ‘if all the following have agreed to his or |
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| her continued enrolment at the school or post-16 institution— |
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| | (a) | the local authority which is responsible for him or her; |
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| | (b) | the head teacher of the school or the principal of the Academy or post-16 |
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| | (c) | the child’s parent or the young person; |
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| | (d) | anyone else whose advice is required to be obtained in connection with |
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| | the assessment by virtue of regulations under section 36(11).’. |
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| Clause 34, page 26, line 42, at end insert ‘if all the following have agreed to his or |
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| her continued enrolment at the school or post-16 institution— |
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| | (a) | the local authority which is responsible for him or her; |
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| | (b) | the head teacher of the school or the principal of the Academy or post-16 |
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| | (c) | the child’s parent or the young person; |
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| | (d) | anyone else whose advice is required to be obtained in connection with |
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| | the assessment by virtue of regulations under section 36(11).’. |
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| Clause 35, page 27, line 3, leave out ‘maintained nursery school’ and insert, |
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| ‘relevant early years setting’. |
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| Clause 35, page 27, line 6, leave out ‘subject to subsection (3)’. |
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| Clause 35, page 27, line 7, leave out subsection (3) and insert— |
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| | ‘(3) | Where a relevant authority of an institution feels that the institution is unable to |
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| | meet their duties under this section, it must inform the family of the child or |
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| | young person in question, or the young person, as to the reason for doing so, in |
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| | advance wherever possible.’. |
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| Clause 36, page 27, line 17, leave out from ‘by’ to end of line 18 and insert— |
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| | ‘(a) | the parent of a child or young person; |
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| | (b) | a young person, where this is in respect of themselves; |
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| | (c) | a person acting on behalf of a school or post-16 institution; |
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| | (d) | a person acting on behalf of an early years setting or Children’s Centre; |
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| | (e) | a qualified healthcare professional.’. |
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| Clause 36, page 27, line 18, after second ‘a’, insert ‘provider of early years |
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| Clause 36, page 27, line 18, at end insert— |
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| | ‘(1A) | On receiving a request for an assessment under subsection (1), the local authority |
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| | must endeavour to respond to that request within six weeks of having received |
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