(f) enabling children to have access to advice and information which is
available to a parent or young person in respect of an appeal or claim
of a kind mentioned in subsection (1);

(g) about the provision of advocacy and other support services to children;

(h) 5requiring notices to be given to a child (as well as to his or her parent);

(i) requiring documents to be served on a child (as well as on his or her
parent).

(3) An order under subsection (1) may apply a statutory provision, with or
without modifications.

(4) 10In subsection (3), “statutory provision” means a provision made by or under
this or any other Act, whenever passed or made.

(5) This section is repealed at the end of five years beginning with the day on
which this Act is passed.

54 Appeals and claims by children: follow-up provision

(1) 15The Secretary of State may by order provide that children in England may—

(a) appeal to the First-tier Tribunal under section 50;

(b) make a claim to the First-tier Tribunal under Schedule 17 to the
Equality Act 2010 (disabled pupils: enforcement) that a responsible
body in England has contravened Chapter 1 of Part 6 of that Act
20because of the child’s disability.

(2) The Secretary of State may not make an order under subsection (1) until the
end of two years beginning with the day on which the first order is made under
section 53(1).

(3) An order under subsection (1) may, in particular, make provision—

(a) 25about the age from which children may appeal or make a claim;

(b) in respect of appeals under section 50, about mediation and the
application of section 51;

(c) about the bringing of appeals or making of claims by a child and by his
or her parent concurrently;

(d) 30about determining whether a child is capable of bringing an appeal or
making a claim, and the assistance and support a child may require to
be able to do so;

(e) enabling a person to exercise a child’s rights under an order under
subsection (1) on behalf of the child;

(f) 35enabling children to have access to advice and information which is
available to a parent or young person in respect of an appeal or claim
of a kind mentioned in subsection (1);

(g) about the provision of advocacy and other support services to children;

(h) requiring notices to be given to a child (as well as to his or her parent);

(i) 40requiring documents to be served on a child (as well as on his or her
parent).

(4) An order under subsection (1) may—

(a) amend, repeal or revoke a statutory provision, or

(b) apply a statutory provision, with or without modifications.

(5) 45In subsection (4), “statutory provision” means a provision made by or under
this or any other Act, whenever passed or made.

55 Equality Act 2010: claims against schools by disabled young people

In Part 2 of Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement
in tribunals in England and Wales), in paragraph 3 (who may make a claim that
a school has contravened Chapter 1 of Part 6 of that Act because of a person’s
5disability) for “to the Tribunal by the person’s parent” substitute “—

(a) to the English Tribunal by the person’s parent or, if the
person is over compulsory school age, the person;

(b) to the Welsh Tribunal by the person’s parent.”

Special educational provision: functions of local authorities

56 10Special educational provision otherwise than in schools, post-16 institutions
etc

(1) A local authority in England may arrange for any special educational provision
that it has decided is necessary for a child or young person for whom it is
responsible to be made otherwise than in a school or post-16 institution or a
15place at which relevant early years education is provided.

(2) An authority may do so only if satisfied that it would be inappropriate for the
provision to be made in a school or post-16 institution or at such a place.

(3) Before doing so, the authority must consult the child’s parent or the young
person.

57 20Special educational provision outside England and Wales

(1) This section applies where a local authority in England makes arrangements
for a child or young person for whom it maintains an EHC plan to attend an
institution outside England and Wales which specialises in providing for
children or young people with special educational needs.

(2) 25The arrangements may (in particular) include contributing to or paying—

(a) fees charged by the institution;

(b) the child’s or young person’s travelling expenses;

(c) expenses reasonably incurred in maintaining the child or young person
while at the institution or travelling to or from it;

(d) 30expenses reasonably incurred by someone accompanying the child or
young person while travelling to or from the institution or staying
there.

58 Fees for special educational provision at non-maintained schools and post-16
institutions

(1) 35Subsection (2) applies where—

(a) a local authority maintains an EHC plan for a child or young person,

(b) special educational provision in respect of the child or young person is
made at a school, post-16 institution or place at which relevant early
years education is provided, and

(c) 40that school, institution or place is named in the EHC plan.

(2) The local authority must pay any fees payable in respect of education or
training provided for the child or young person at that school, institution or
place in accordance with the EHC plan.

(3) Subsection (4) applies where—

(a) 5a local authority is responsible for a child or young person for whom no
EHC plan is maintained,

(b) special educational provision in respect of the child or young person is
made at a school, post-16 institution or place at which relevant early
years education is provided, and

(c) 10the local authority is satisfied that—

(i) the interests of the child or young person require special
educational provision to be made, and

(ii) it is appropriate for education or training to be provided to the
child or young person at the school, institution or place in
15question.

(4) The local authority must pay any fees payable in respect of the special
educational provision made at the school, institution or place in question
which is required to meet the special educational needs of the child or young
person.

(5) 20Where board and lodging are provided for the child or young person at the
school, post-16 institution or place mentioned in subsection (2) or (4), the
authority must also pay any fees in respect of the board and lodging, if satisfied
that special educational provision cannot be provided at the school, post-16
institution or place unless the board and lodging are also provided.

59 25Supply of goods and services

(1) A local authority in England may supply goods and services to—

(a) the governing body of a maintained school or maintained nursery
school in England;

(b) the proprietor of an Academy;

(c) 30the governing body of an institution within the further education sector
that the authority thinks is or is to be attended by a young person for
whom the authority maintains an EHC plan,

but only for the purpose set out in subsection (2).

(2) The purpose is that of assisting the governing body or proprietor in the
35performance of—

(a) any duty imposed on the body under section 61(2) (duty to use best
endeavours to secure special educational provision called for by special
educational needs);

(b) in the case of a governing body of a community or foundation special
40school, any duty imposed on the body.

(3) The goods and services may be supplied on the terms and conditions that the
authority thinks fit, including terms as to payment.

(4) A local authority in England may supply goods and services to another
authority or any other person (other than a governing body or proprietor
45within subsection (1)), but only for the purpose set out in subsection (5).

(5) The purpose is that of assisting the authority or other person in making special
educational provision for a child who is receiving relevant early years
education, in a case where the authority has decided that the special
educational provision is necessary for the child.

60 5Access to schools, post-16 institutions and other institutions

(1) This section applies where a local authority in England maintains an EHC plan
for a child or young person.

(2) A person authorised by the authority is entitled to have access at any
reasonable time to the premises of a school, post-16 institution or other
10institution at which education or training is provided in pursuance of the plan,
for the purpose of monitoring the education or training.

(3) Subsection (2) does not apply to the premises of a mainstream post-16
institution in Wales.

Special educational provision: functions of governing bodies and others

61 15Using best endeavours to secure special educational provision

(1) This section imposes duties on the appropriate authorities for the following
schools and other institutions in England—

(a) mainstream schools;

(b) maintained nursery schools;

(c) 2016 to 19 Academies;

(d) alternative provision Academies;

(e) institutions within the further education sector;

(f) pupil referral units.

(2) If a registered pupil or a student at a school or other institution has special
25educational needs, the appropriate authority must, in exercising its functions
in relation to the school or other institution, use its best endeavours to secure
that the special educational provision called for by the pupil’s or student’s
special educational needs is made.

(3) The “appropriate authority” for a school or other institution is—

(a) 30in the case of a maintained school, maintained nursery school or
institution within the further education sector, the governing body;

(b) in the case of an Academy, the proprietor;

(c) in the case of a pupil referral unit, the management committee.

62 SEN co-ordinators

(1) 35This section imposes duties on the appropriate authorities of the following
schools in England—

(a) mainstream schools;

(b) maintained nursery schools.

(2) The appropriate authority must designate a member of staff at the school (to be
40known as the “SEN co-ordinator”) as having responsibility for co-ordinating
the provision for pupils with special educational needs.

(3) Regulations may—

(a) require appropriate authorities which are subject to the duty imposed
by subsection (2) to ensure that SEN co-ordinators have prescribed
qualifications or prescribed experience (or both);

(b) 5confer other functions relating to SEN co-ordinators on appropriate
authorities which are subject to the duty imposed by subsection (2).

(4) The “appropriate authority” for a school is—

(a) in the case of a maintained school or maintained nursery school, the
governing body;

(b) 10in the case of an Academy, the proprietor.

63 Informing parents and young people

(1) This section applies if—

(a) special educational provision is made for a child or young person at a
maintained school, a maintained nursery school, an Academy school,
15an alternative provision Academy or a pupil referral unit, and

(b) no EHC plan is maintained for the child or young person.

(2) The appropriate authority for the school must inform the child’s parent or the
young person that special educational provision is being made for the child or
young person.

(3) 20The “appropriate authority” for a school is—

(a) in the case of a maintained school or maintained nursery school, the
governing body;

(b) in the case of an Academy school or an alternative provision Academy,
the proprietor;

(c) 25in the case of a pupil referral unit, the management committee.

64 SEN information report

(1) This section imposes a duty on—

(a) the governing bodies of maintained schools and maintained nursery
schools in England, and

(b) 30the proprietors of Academy schools.

(2) A governing body or proprietor must prepare a report containing SEN
information.

(3) “SEN information” is—

(a) such information as may be prescribed about the implementation of the
35governing body’s or proprietor’s policy for pupils at the school with
special educational needs;

(b) information as to—

(i) the arrangements for the admission of disabled persons as
pupils at the school;

(ii) 40the steps taken to prevent disabled pupils from being treated
less favourably than other pupils;

(iii) the facilities provided to assist access to the school by disabled
pupils;

(iv) the plan prepared by the governing body or proprietor under
paragraph 3 of Schedule 10 to the Equality Act 2010
(accessibility plan).

(4) In this section—

• 5“disabled person” means a person who is a disabled person for the
  purposes of the Equality Act 2010;

• “disabled pupil” includes a disabled person who may be admitted to a
  school as a pupil.

Information to improve well-being of children and young people with SEN

65 10Provision and publication of special needs information

(1) The Secretary of State must exercise the powers listed in subsection (2) with a
view to securing, in particular, the provision of special needs information
which the Secretary of State thinks would be likely to assist the Secretary of
State or others in improving the well-being of—

(a) 15children in England with special educational needs, and

(b) young people aged under 19 in England with special educational
needs.

(2) The powers are those of the Secretary of State under the following provisions
of EA 1996 (so far as relating to England)—

(a) 20section 29 (information from local authorities for purposes of Secretary
of State’s functions);

(b) section 408 (information in relation to maintained schools);

(c) section 537 (information about schools);

(d) section 537A (information about individual pupils);

(e) 25section 537B (information about children receiving funded education
outside school);

(f) section 538 (information from governing bodies for purposes of
Secretary of State’s education functions).

(3) In each calendar year, the Secretary of State must publish, or arrange to be
30published, special needs information which has been obtained under EA 1996,
where the Secretary of State thinks the publication of the information would be
likely to assist the Secretary of State or others in improving the well-being of —

(a) children in England with special educational needs, and

(b) young people aged under 19 in England with special educational
35needs.

(4) Information published under subsection (3) must be published in the form and
manner that the Secretary of State thinks fit, except that the names of the
children and young people to whom the information relates must not be
included.

(5) 40The Secretary of State may make a charge, or arrange for a charge to be made,
for documents supplied by virtue of this section.

(6) A charge under subsection (5) must not exceed the cost of supply.

(7) “Special needs information” means—

(a) information about children, and young people, in England with special
45educational needs, and

(b) information about special educational provision made for those
children and young people.

(8) References in this section to the well-being of children and young people with
special educational needs are to their well-being so far as relating to—

(a) 5physical and mental health and emotional well-being;

(b) protection from abuse and neglect;

(c) control by them over their day-to-day lives;

(d) participation in education, training or recreation;

(e) social and economic well-being;

(f) 10domestic, family and personal relationships;

(g) the contribution made by them to society.

Code of practice

66 Code of practice

(1) The Secretary of State must issue a code of practice giving guidance about the
15exercise of their functions under this Part to—

(a) local authorities in England;

(b) the governing bodies of schools;

(c) the governing bodies of institutions within the further education sector;

(d) the proprietors of Academies;

(e) 20the management committees of pupil referral units;

(f) the proprietors of institutions approved by the Secretary of State under
section 41 (independent special schools and special post-16 institutions:
approval);

(g) providers of relevant early years education;

(h) 25the National Health Service Commissioning Board;

(i) clinical commissioning groups;

(j) NHS trusts;

(k) NHS foundation trusts;

(l) Local Health Boards.

(2) 30The Secretary of State may revise the code from time to time.

(3) The Secretary of State must publish the current version of the code.

(4) The persons listed in subsection (1) must have regard to the code in exercising
their functions under this Part.

(5) Those who exercise functions for the purpose of the exercise by those persons
35of functions under this Part must also have regard to the code.

(6) The First-tier Tribunal must have regard to any provision of the code that
appears to it to be relevant to a question arising on an appeal under this Part.

67 Making and approval of code

(1) Where the Secretary of State proposes to issue or revise a code under section
4066, the Secretary of State must prepare a draft of the code (or revised code).

(2) The Secretary of State must consult such persons as the Secretary of State
thinks fit about the draft and must consider any representations made by them.

(3) If the Secretary of State decides to proceed with the draft (in its original form
or with modifications), the Secretary of State must lay a copy of the draft before
5each House of Parliament.

(4) If, within the 40-day period, either House resolves not to approve the draft, the
Secretary of State may not take any further steps in relation to the proposed
code (or proposed revised code).

(5) If no such resolution is made within the 40-day period, the Secretary of State
10must issue the code (or revised code) in the form of the draft, and it comes into
force on such date as the Secretary of State may by order appoint.

(6) Subsection (4) does not prevent a new draft of a proposed code (or proposed
revised code) from being laid before Parliament.

(7) In this section “40-day period”, in relation to the draft of a proposed code (or
15proposed revised code), means—

(a) if the draft is laid before one House on a later day than the day on which
it is laid before the other, the period of 40 days beginning with the later
of the two days, and

(b) in any other case, the period of 40 days beginning with the day on
20which the draft is laid before each House.

(8) For the purposes of subsection (7), no account is to be taken of any period
during which Parliament is dissolved or prorogued or during which both
Houses are adjourned for more than four days.

Supplementary

68 25Parents and young people lacking capacity

(1) Regulations may apply any statutory provision with modifications, for the
purpose of giving effect to this Part in a case where the parent of a child, or a
young person, lacks capacity at the relevant time.

(2) Regulations under subsection (1) may in particular include provision for—

(a) 30references to a child’s parent to be read as references to, or as including
references to, a representative of the parent;

(b) references to a young person to be read as references to, or as including
references to, a representative of the young person, the young person’s
parent, or a representative of the young person’s parent;

(c) 35modifications to have effect in spite of section 27(1)(g) of the Mental
Capacity Act 2005 (Act does not permit decisions on discharging
parental responsibilities in matters not relating to a child’s property to
be made on a person’s behalf).

(3) “Statutory provision” means a provision made by or under this or any other
40Act, whenever passed or made.

(4) “The relevant time” means the time at which, under the statutory provision in
question, something is required or permitted to be done by or in relation to the
parent or young person.

(5) The reference in subsection (1) to lacking capacity is to lacking capacity within
the meaning of the Mental Capacity Act 2005.

(6) “Representative”, in relation to a parent or young person, means—

(a) a deputy appointed by the Court of Protection under section 16(2)(b) of
5the Mental Capacity Act 2005 to make decisions on the parent’s or
young person’s behalf in relation to matters within this Part;

(b) the donee of a lasting power of attorney (within the meaning of section
9 of that Act) appointed by the parent or young person to make
decisions on his or her behalf in relation to matters within this Part;

(c) 10an attorney in whom an enduring power of attorney (within the
meaning of Schedule 4 to that Act) created by the parent or young
person is vested, where the power of attorney is registered in
accordance with paragraphs 4 and 13 of that Schedule or an application
for registration of the power of attorney has been made.

69 15Part does not apply to detained children and young people

Nothing in or made under this Part applies to a child or young person who is
detained in pursuance of—

(a) an order made by a court, or

(b) an order of recall made by the Secretary of State.

70 20Disapplication of Chapter 1 of Part 4 of EA 1996 in relation to children in
England

Chapter 1 of Part 4 of EA 1996 (children with special educational needs) ceases
to apply in relation to children in the area of a local authority in England.

71 Consequential amendments

25Schedule 3 (amendments consequential on this Part) has effect.

72 Interpretation of Part 3

(1) In this Part—

• “EA 1996” means the Education Act 1996;

• “ESA 2008” means the Education and Skills Act 2008;

• 30“SSFA 1998” means the School Standards and Framework Act 1998.

(2) In this Part—

• “education, health and care provision” has the meaning given by section
  26(2);

• “EHC needs assessment” has the meaning given by section 36(2);

• 35“EHC plan” means a plan within section 37(2);

• “health care provision” has the meaning given by section 21(3);

• “mainstream post-16 institution” means a post-16 institution that is not a
  special post-16 institution;

• “mainstream school” means—

  (a)

  40a maintained school that is not a special school;

  (b)

  an Academy school that is not a special school;

• “maintained school” means—

  Children and Families BillPage 49

  (a)

  a community, foundation or voluntary school, or

  (b)

  a community or foundation special school not established in a
  hospital;

• “post-16 institution” means an institution which—

  (a)

  5provides education or training for those over compulsory
  school age, but

  (b)

  is not a school or other institution which is within the higher
  education sector or which provides only higher education;

• “proprietor”, in relation to an institution that is not a school, means the
  10person or body of persons responsible for the management of the
  institution;

• “relevant early years education” has the meaning given by section 123 of
  SSFA 1998;

• “social care provision” has the meaning given by section 21(4);

• 15“social services functions” in relation to a local authority has the same
  meaning as in the Local Authority Social Services Act 1970;

• “special educational needs” has the meaning given by section 20(1);

• “special educational provision” has the meaning given by section 21(1)
  and (2);

• 20“special post-16 institution” means a post-16 institution that is specially
  organised to make special educational provision for students with
  special educational needs;

• “training” has the same meaning as in section 15ZA of EA 1996;

• “young person” means a person over compulsory school age but under
  2525.

(3) A reference in this Part to “education”—

(a) includes a reference to full-time and part-time education, but

(b) does not include a reference to higher education,

and “educational” and “educate” (and other related terms) are to be read
30accordingly.

(4) A reference in this Part to—

(a) a community, foundation or voluntary school, or

(b) a community or foundation special school,

is to such a school within the meaning of SSFA 1998.

(5) 35A reference in this Part to a child or young person who is “in the area” of a local
authority in England does not include a child or young person who is wholly
or mainly resident in the area of a local authority in Wales.

(6) EA 1996 and the preceding provisions of this Part (except so far as they amend
other Acts) are to be read as if those provisions were contained in EA 1996.

40Part 4 Childminder agencies etc

73 Childminder agencies

Schedule 4 (amendments to the Childcare Act 2006 to provide for the
registration of childminder agencies on the childcare registers and the