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