|
| |
| | |
| | |
| |
| | |
| | |
| | | |
| | Clause 36, page 27, line 27, at end insert— |
|
| | | ‘(4A) | In making a determination under subsection (3), the local authority must have |
|
| | | regard to the competencies and needs of the child or young person’s parents and |
|
| | | immediate family, where this is relevant to the child or young person’s well- |
|
| | | |
| | |
| | |
| | | |
| | Clause 36, page 27, line 33, at end insert— |
|
| | | ‘(c) | of their right to request an internal review or appeal against this decision |
|
| | | |
| | |
| | |
| | | |
| | Clause 36, page 27, line 41, leave out ‘parent’ and insert ‘family, including the |
|
| | child themselves where appropriate,’. |
|
| | |
| | |
| | | |
| | Clause 36, page 27, line 44, after ‘parent’, insert ‘, child’. |
|
| | |
| | | |
| | Clause 36, page 28, line 9, at end insert— |
|
| | | ‘(c) | the child or young person may be a disabled child under section 17 of the |
|
| | | Children Act 1989 or section 28 of the Chronically Sick and Disabled |
|
| | | |
| | |
| | | |
| | Clause 36, page 28, line 9, at end insert— |
|
| | | ‘(c) | they are a disabled child or young person under section 6 of the Equality |
|
| | | Act 2010 who may need healthcare provision in order to manage their |
|
| | | |
| | |
| | | |
| | Clause 36, page 28, line 9, at end insert— |
|
| | | ‘(8A) | An EHC needs assessment, as set out in section 8, must be secured within 29 days |
|
| | | |
| | |
| | |
| | | |
| | Clause 36, page 28, line 15, at end insert— |
|
| | | ‘(d) | their right to request an internal review or appeal against this decision |
|
| | | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Clause 36, page 28, line 16, leave out subsection (10). |
|
| | |
| | | |
| | Clause 36, page 28, line 16, leave out subsection (10) and insert— |
|
| | | ‘(10) | In forming an opinion for the purposes of this section in relation to a young person |
|
| | | aged over 18, a local authority must have regard to the young person’s right to the |
|
| | | continuation of an EHC Plan up to the age of 25 and access education provision |
|
| | | in an age-appropriate setting.’. |
|
| | |
| | |
| | | |
| | Clause 36, page 28, line 17, at end insert ‘and previous educational outcomes.’ |
|
| | |
| | | |
| | Clause 36, page 28, line 28, after ‘assessments’, insert ‘including— |
|
| | | (i) | triggering assessments under section 17 of the Children Act; and |
|
| | | (ii) | healthcare assessments.’. |
|
| | |
| | |
| | | |
| | Clause 36, page 28, line 35, at end add— |
|
| | | ‘(l) | about what constitutes a “qualified healthcare professional” under |
|
| | | |
| | |
| | |
| | | |
| | Clause 36, page 28, line 35, at end add— |
|
| | | ‘(m) | imposing time limits on the determination of an assessment.’. |
|
| | |
| | |
| | | |
| | Clause 36, page 28, line 35, at end add— |
|
| | | ‘(n) | imposing time limits on corresponding with parents in pursuance of other |
|
| | | duties under this section.’. |
|
| | |
| | |
| | | |
| | Clause 36, page 28, line 35, at end add— |
|
| | | ‘(12) | Failure to abide by time limits prescribed by virtue of this section does not relieve |
|
| | | the authority of the duty to serve a notice, or make a decision or assessment.’. |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Clause 37, page 29, line 3, leave out from ‘provision’ to end of line 4 and insert |
|
| | ‘reasonably required by the learning difficulties and disabilities which result in him or her |
|
| | having special educational needs. |
|
| | | (2A) | An EHC plan may also specify other health care and social care provision |
|
| | | reasonably required by the child or young person.’. |
|
| | |
| | |
| | | |
| | Clause 37, page 29, line 4, at end insert— |
|
| | | ‘(e) | any provision deemed necessary to be made available to the family of the |
|
| | | child or young person which may assist in the promotion of the well- |
|
| | | being of the child or young person concerned.’. |
|
| | |
| | | |
| | Clause 37, page 29, line 5, leave out subsection (3) and insert— |
|
| | | ‘(3) | In making a decision for the purposes of this section in relation to a young person |
|
| | | aged over 18, a local authority must have regard to the young person’s right to the |
|
| | | continuation of an EHC Plan up to the age of 25 and access education provision |
|
| | | in an age-appropriate setting.’. |
|
| | |
| | |
| | | |
| | Clause 37, page 29, line 6, at end insert ‘and previous educational outcomes.’. |
|
| | |
| | |
| | | |
| | Clause 37, page 29, line 7, leave out ‘may’ and insert ‘must. |
|
| | |
| | |
| | | |
| | Clause 37, page 29, line 7, after ‘the’, insert ‘format’. |
|
| | |
| | |
| | | |
| | Clause 38, page 29, line 27, at end insert— |
|
| | | ‘(g) | an institution of higher education which the young person has accepted |
|
| | | |
| | |
| | | |
| | Clause 38, page 29, line 27, at end insert— |
|
| | | ‘(g) | an institution at which early years education is provided.’. |
|
|
| |
| | |
| | |
| |
| | |
| | |
| | | |
| | Clause 38, page 29, line 28, after ‘period’, insert ‘of not less than two weeks’. |
|
| | |
| | |
| | |
| | | |
| | Clause 39, page 30, leave out lines 4 to 10 and insert ‘it is the opinion of the persons or |
|
| | agencies involved in drafting the child or young person’s EHC plan that the school or |
|
| | institution requested is unsuitable for the age, ability, aptitude, desired outcomes, well- |
|
| | being or special educational needs of the child or young person concerned, and that |
|
| | reasonable adjustments cannot be made.’. |
|
| | |
| | | |
| | Clause 39, page 30, line 10, at end insert— |
|
| | | ‘(4A) | Where a local authority considers that subsection 4(b) applies it must, before |
|
| | | reaching a conclusion on that matter, consider such incompatibility in a manner |
|
| | | that does not discriminate between maintained schools and non-maintained |
|
| | | |
| | |
| | |
| | | |
| | Clause 39, page 30, line 11, after ‘must’, insert ‘, subject to agreement of the child |
|
| | or young person concerned and their parents,’. |
|
| | |
| | |
| | |
| | | |
| | Clause 40, page 30, line 38, at end insert— |
|
| | | ‘(2A) | In determining which school or institution to name on an EHC plan, the local |
|
| | | authority must have regard to— |
|
| | | (a) | where the child or young person is ordinarily resident, and the |
|
| | | accessibility of the school or institution in relation to this; |
|
| | | (b) | the suitability of schools and institutions based on the age, ability, |
|
| | | aptitude, desired outcomes, well-being or special educational needs of |
|
| | | the child or young person concerned; |
|
| | | (c) | the quality of teaching within the school, as deemed by the Chief |
|
| | | |
| | | (d) | any other considerations or preferences stated by the child or young |
|
| | | person and their families.’. |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Clause 41, page 31, line 10, at end insert ‘and listed in a local offer.’. |
|
| | |
| | | |
| | Clause 41, page 31, line 22, at end insert— |
|
| | | ‘(3A) | The Secretary of State must give consideration to an institution’s request to be |
|
| | | approved if it meets the criteria outlined in Regulations made under this section.’. |
|
| | |
| | |
| | | |
| | Clause 41, page 31, line 23, at end insert— |
|
| | | ‘(4A) | The Secretary of State must maintain a current list of institutions approved under |
|
| | | this section on the Departmental website, including information on the institution |
|
| | | and the nature of special educational provision, health care provision and social |
|
| | | care provision available.’. |
|
| | |
| | |
| | | |
| | Clause 41, page 31, line 23, at end insert— |
|
| | | ‘(4B) | The Secretary of State must issue notice to local authorities of the designation of |
|
| | | an institution under this section within two weeks of said designation, including |
|
| | | information on the institution and the nature of special educational provision, |
|
| | | health care provision and social care provision available.’. |
|
| | |
| | |
| | | |
| | Clause 41, page 31, leave out lines 32 and 33 at end insert— |
|
| | | ‘(d) | further specifying information to be provided to the public and local |
|
| | | authorities by the Secretary of State in exercising his duties under |
|
| | | subsections (4A) and (4B).’. |
|
| | |
| | | |
| | Clause 41, page 31, line 33, at end insert— |
|
| | | ‘(e) | what recourse institutions will have to appeal or review decisions made |
|
| | | by the Secretary of State; |
|
| | | (f) | as to what timetable a list of institutions will be adjusted, published and |
|
| | | |
| | | (g) | what relation an approved list of institutions has with regulations |
|
| | | governing local offers.’. |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Clause 42, page 31, line 34, at end insert— |
|
| | | ‘(Z1) | This section applies where a local authority maintains an EHC plan for a child or |
|
| | | |
| | |
| | | |
| | Clause 42, page 31, line 35, leave out subsection (1) and insert— |
|
| | | ‘(1) | The local authority must secure the specified special educational provision for the |
|
| | | |
| | | (1A) | If the plan specifies health care provision, the responsible commissioning body |
|
| | | must arrange the specified health care provision for the child or young person. |
|
| | | (1B) | “The responsible commissioning body”, in relation to any specified health care |
|
| | | provision, means the body (or each body) that is under a duty to arrange health |
|
| | | care provision of that kind in respect of the child or young person.’. |
|
| | |
| | |
| | | |
| | Clause 42, page 31, line 36, after ‘provision’, insert ‘and social care provision’. |
|
| | |
| | | |
| | Clause 42, page 31, line 37, leave out ‘Subsection (1) does not apply if’ and insert |
|
| | ‘Subsections (1) and (1A) do not apply to the extent that’. |
|
| | |
| | | |
| | Clause 42, page 31, line 38, after ‘suitable’, insert ‘alternative’. |
|
| | |
| | | |
| | Clause 42, page 31, line 38, at end insert— |
|
| | | ‘(3) | “Specified”, in relation to an EHC plan, means specified in the plan.’. |
|
| | |
| | |
| | | |
| | Clause 42, page 31, line 38, at end add— |
|
| | | ‘(3) | Where an EHC plan details health care provision— |
|
| | | (a) | the relevant health body must provide that provision; |
|
| | | (b) | the local authority must ensure that the relevant health body is providing |
|
| | | |
| | |
| | |
| | | |
| | Clause 44, page 32, line 18, after ‘maintains’, insert ‘, or has ever maintained,’. |
|
|
| |
| | |
| | |
| |
| | |
| | | |
| | Clause 44, page 32, line 27, leave out subsection (5) and insert— |
|
| | | ‘(5) | In reviewing an EHC Plan maintained for a young person aged over 18, or |
|
| | | deciding whether to secure a re-assessment of the needs of such a young person, |
|
| | | a local authority must have regard to the young person’s right to the continuation |
|
| | | of an EHC Plan up to the age of 25 and access education provision in an age- |
|
| | | |
| | |
| | |
| | | |
| | Clause 44, page 32, line 29, at end insert ‘and prior educational outcomes’. |
|
| | |
| | |
| | | |
| | Clause 44, page 32, line 31, after ‘child’, insert ‘, the child themselves where |
|
| | |
| | |
| | | |
| | Clause 44, page 32, line 36, at end insert— |
|
| | | ‘(b) | about circumstances in which a local authority must or may review an |
|
| | | EHC plan as a result of responsibility for all or part of a child or young |
|
| | | person’s EHC plan being transferred between teams in a local authority.’ |
|
| | |
| | |
| | | |
| | Clause 45, page 33, line 5, leave out from ‘authority’ to end of line 6 and insert |
|
| | ‘must maintain an EHC plan for a child or young person up to their 25th birthday unless’. |
|
| | |
| | |
| | | |
| | Clause 45, page 33, line 12, leave out ‘special educational’. |
|
| | |
| | |
| | | |
| | Clause 45, page 33, line 15, leave out ‘special educational’. |
|
| | |
| | |
| | | |
| | Clause 45, page 33, line 16, after ‘educational’, insert ‘or other’. |
|
|
