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| | Clause 42, page 31, line 34, at end insert— |
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| | | ‘(Z1) | This section applies where a local authority maintains an EHC plan for a child or |
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| | Clause 42, page 31, line 35, leave out subsection (1) and insert— |
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| | | ‘(1) | The local authority must secure the specified special educational provision for the |
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| | | (1A) | If the plan specifies health care provision, the responsible commissioning body |
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| | | must arrange the specified health care provision for the child or young person. |
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| | | (1B) | “The responsible commissioning body”, in relation to any specified health care |
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| | | provision, means the body (or each body) that is under a duty to arrange health |
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| | | care provision of that kind in respect of the child or young person.’. |
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| | Clause 42, page 31, line 36, after ‘provision’, insert ‘and social care provision’. |
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| | Clause 42, page 31, line 37, leave out ‘Subsection (1) does not apply if’ and insert |
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| | ‘Subsections (1) and (1A) do not apply to the extent that’. |
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| | Clause 42, page 31, line 38, after ‘suitable’, insert ‘alternative’. |
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| | Clause 42, page 31, line 38, at end insert— |
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| | | ‘(3) | “Specified”, in relation to an EHC plan, means specified in the plan.’. |
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| | Clause 42, page 31, line 38, at end add— |
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| | | ‘(3) | Where an EHC plan details health care provision— |
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| | | (a) | the relevant health body must provide that provision; |
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| | | (b) | the local authority must ensure that the relevant health body is providing |
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| | Clause 44, page 32, line 18, after ‘maintains’, insert ‘, or has ever maintained,’. |
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| | Clause 44, page 32, line 27, leave out subsection (5) and insert— |
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| | | ‘(5) | In reviewing an EHC Plan maintained for a young person aged over 18, or |
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| | | deciding whether to secure a re-assessment of the needs of such a young person, |
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| | | a local authority must have regard to the young person’s right to the continuation |
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| | | of an EHC Plan up to the age of 25 and access education provision in an age- |
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| | Clause 44, page 32, line 29, at end insert ‘and prior educational outcomes’. |
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| | Clause 44, page 32, line 31, after ‘child’, insert ‘, the child themselves where |
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| | Clause 44, page 32, line 36, at end insert— |
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| | | ‘(b) | about circumstances in which a local authority must or may review an |
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| | | EHC plan as a result of responsibility for all or part of a child or young |
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| | | person’s EHC plan being transferred between teams in a local authority.’ |
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| | Clause 45, page 33, line 5, leave out from ‘authority’ to end of line 6 and insert |
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| | ‘must maintain an EHC plan for a child or young person up to their 25th birthday unless’. |
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| | Clause 45, page 33, line 12, leave out ‘special educational’. |
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| | Clause 45, page 33, line 15, leave out ‘special educational’. |
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| | Clause 45, page 33, line 16, after ‘educational’, insert ‘or other’. |
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| | Clause 45, page 33, line 18, leave out subsection (4) and insert— |
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| | | ‘(4) | A local authority may only cease to maintain an EHC Plan if— |
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| | | (a) | the authority has completed a transition review meeting with the child or |
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| | | young person and their family, at which there is agreement from all |
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| | | parties that the specified outcomes to the EHC plan have been achieved; |
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| | | (b) | a transition plan has been completed in partnership with the child or |
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| | | young person and their family and other agencies, which supports their |
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| | | progression into the next phase, including higher education or |
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| | Clause 45, page 33, line 18, leave out subsection (4) and insert— |
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| | | ‘(4) | In determining whether it is no longer necessary of an EHC Plan to be maintained |
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| | | for a young person aged over 18, a local authority must have regard to the young |
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| | | person’s right to the continuation of an EHC Plan up to the age of 25 and access |
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| | | education provision in an age-appropriate setting.’. |
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| | Clause 45, page 33, line 20, at end insert ‘and prior educational outcomes’. |
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| | Clause 45, page 33, line 35, at end insert— |
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| | | ‘(d) | the procedure to be followed for transition review meetings and transition |
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| | Clause 46, page 33, line 41, at end add— |
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| | | ‘(3) | Where a young person is completing a programme of study, supported internship |
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| | | or apprenticeship which does not conform to academic years, a local authority |
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| | | may continue to maintain an EHC plan for that young person until the end of that |
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| | | programme where this programme has been commenced by mutual consent of— |
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| | | (b) | the local authority; and |
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| | | (c) | any health bodies contributing to support delivered by virtue of the young |
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| Clause 48, page 34, line 39, at end insert— |
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| | | ‘(k) | a local authority must offer the support of a dedicated key worker to a |
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| | | child or young person for whom it prepares a personal budget.’. |
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| | Clause 48, page 35, line 3, at end add— |
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| | | ‘(6) | This section will not have effect until an Order is made by the Secretary of State, |
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| | | subject to affirmative resolution by both Houses of Parliament. |
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| | | (7) | Before making an Order under subsection (6), the Secretary of State must lay a |
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| | | copy of a report before both Houses of Parliament detailing findings from the |
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| | | pathfinder authorities established under the Special Educational Needs (Direct |
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| | | Payments) (Pilot Scheme) Order 2012, including but not limited to— |
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| | | (a) | the impact on educational outcomes for children and young people; |
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| | | (b) | the quality of provision received by children and young people; |
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| | | (c) | the value for money achieved; |
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| | | (d) | the impact on services provided for children and young people without |
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| | | EHC plans, or those for whom direct payments were not made. |
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| | | (8) | The Secretary of State may not prepare a report under subsection (7) until |
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| | | (9) | An Order made under subsection (6) may amend this section as the Secretary of |
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| | | State deems necessary to ensure the effective operation of personal budgets, |
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| | | having had regard to the finding of the report produced by virtue of subsection |
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| | Clause 50, page 35, line 24, at end insert ‘or the failure to do so within a prescribed |
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| | Clause 50, page 35, line 37, at end insert ‘or the failure to do so within a prescribed |
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| | Clause 50, page 35, line 42, at end insert— |
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| | | ‘(g) | the social care provision specified in an EHC plan; |
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| | | (h) | the healthcare provision specified in an EHC plan.’. |
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| | Clause 50, page 36, line 11, at end insert— |
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| | | ‘(5) | A person commits an offence if without reasonable excuse that person fails to |
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| | | comply with any requirement— |
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| | | (a) | in respect of the discovery or inspection of documents, or |
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| | | (b) | to attend to give evidence and produce documents, |
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| | | | where that requirement is imposed by Tribunal Procedure Rules in relation to an |
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| | | appeal under this section or regulations under subsection (4)(a). |
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| | | (6) | A person guilty of an offence under subsection (5) is liable on summary |
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| | | conviction to a fine not exceeding level 3 on the standard scale.’. |
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| | Clause 51, page 37, line 13, at end insert— |
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| | | ‘(7A) | All correspondence sent and received and documents produced by a mediation |
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| | | adviser or mediator in respect of a case must be made available to— |
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| | | (a) | the family of the child concerned, or the young person concerned; |
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| | | (b) | the local authority; and |
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| | | (c) | the First-tier Tribunal. |
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| | | (7B) | The First-tier Tribunal must have regard to documents supplied under subsection |
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| | | (7A) in consideration of a claim brought to it under section 50 (appeals).’. |
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| | Clause 51, page 37, line 16, at end insert ‘; |
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| | | “parent” means any responsible family member.’. |
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| | Clause 52, page 37, line 26, leave out ‘parents’ and insert ‘families’. |
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| | Clause 52, page 37, line 34, leave out ‘parent’ and insert ‘family’. |
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| | Clause 52, page 37, line 40, at end insert— |
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| | | ‘(5A) | The Secretary of State may provide guidance to local authorities on how to |
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| | | discharge their duties under this section, including— |
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| | | (a) | the criteria to be used when appointing an independent person under |
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| | | (b) | the publication of contracts or agreements made between the local |
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| | | authority and independent persons it appoints under subsection (5); |
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| | | (c) | producing documentation of any meetings or correspondence between |
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| | | independent persons appointed under subsection (5) and— |
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| | | (i) | families of children with special educational needs or young |
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| | | people with special educational needs; |
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| | | (ii) | the local authority; |
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| | | (iii) | relevant schools or post-16 institutions; and |
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| | | (iv) | any other relevant individuals, agencies or organisations the |
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| | | appointed independent person may deem necessary to contact in |
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| | | the course of his work under this section; |
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| | | (d) | the timescale for the appointment of an independent person under |
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| | | (e) | the number of independent persons to be appointed by a local authority |
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| | | in the relation to the number of children and young people with special |
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| | | educational needs for whom the local authority is responsible; and |
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| | | (f) | any other matter he deems necessary, or which is requested of him by a |
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| | Clause 52, page 37, line 43, leave out ‘parents’ and insert ‘families’. |
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| | Clause 53, page 39, line 7, at end insert— |
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| | | ‘(2A) | The Secretary of State must provide for pilot schemes created under this section |
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| | | to be evaluated, and publish a report on the evaluation prior to making an order |
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| | | under section 54 (appeals and claims by children: follow-up provision).’. |
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| | Clause 54, page 39, line 22, leave out ‘order is made under section 53(1)’ and insert |
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| | ‘pilot schemes established under section 53 (appeals and claims by children: pilot |
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| | schemes) come into effect, or before an evaluation of said pilot schemes has been |
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| | published by the Secretary of State under section 53(2A).’. |
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| | Clause 54, page 39, line 23, at end insert ‘and unless a draft to the order has been |
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| | laid before, and approved by, each House of Parliament.’. |
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| | Clause 56, page 40, line 16, leave out from ‘be’ to end of line 17 and insert ‘in the |
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| | best interests of the child or young person and their family’. |
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| | Clause 56, page 40, line 18, leave out ‘parent’ and insert ‘family’. |
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| | Clause 58, page 40, line 38, after ‘institution’, insert ‘, institution approved under |
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| | Clause 58, page 41, line 8, after ‘institution’, insert ‘, institution approved under |
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| | Clause 59, page 41, line 43, leave out ‘another authority or any’ and insert ‘any |
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| | Clause 59, page 42, line 4, at end add— |
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| | | ‘(6) | Agreements made under this section should be published by the local authority in |
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| | | digital format within one calendar month of being made.’. |
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