|
| |
|
21 | Special educational provision, health care provision and social care provision |
| |
(1) | “Special educational provision”, for a child aged two or more or a young |
| |
person, means educational or training provision that is additional to, or |
| |
different from, that made generally for others of the same age in— |
| |
(a) | mainstream schools in England, |
| 5 |
(b) | maintained nursery schools in England, |
| |
(c) | mainstream post-16 institutions in England, or |
| |
(d) | places in England at which relevant early years education is provided. |
| |
(2) | “Special educational provision”, for a child aged under two, means educational |
| |
| 10 |
(3) | “Health care provision” means the provision of health care services as part of |
| |
the comprehensive health service in England continued under section 1(1) of |
| |
the National Health Service Act 2006. |
| |
(4) | “Social care provision” means the provision made by a local authority in the |
| |
exercise of its social services functions. |
| 15 |
(5) | Health care provision or social care provision which is made wholly or mainly |
| |
for the purposes of the education or training of a child or young person is to be |
| |
treated as special educational provision (instead of health care provision or |
| |
| |
(6) | This section applies for the purposes of this Part. |
| 20 |
Children and young people for whom a local authority is responsible |
| |
22 | Identifying children and young people with special educational needs |
| |
A local authority in England must exercise its functions with a view to securing |
| |
that it identifies all the children and young people in its area who have or may |
| |
have special educational needs. |
| 25 |
23 | When a local authority is responsible for a child or young person |
| |
(1) | A local authority in England is responsible for a child or young person if he or |
| |
she is in the authority’s area and has been— |
| |
(a) | identified by the authority as someone who has or may have special |
| |
| 30 |
(b) | brought to the authority’s attention by any person as someone who has |
| |
or may have special educational needs. |
| |
(2) | This section applies for the purposes of this Part. |
| |
24 | Duty of health bodies to bring certain children to local authority’s attention |
| |
(1) | This section applies where, in the course of exercising functions in relation to a |
| 35 |
child who is under compulsory school age, a clinical commissioning group, |
| |
NHS trust or NHS foundation trust form the opinion that the child has (or |
| |
probably has) special educational needs. |
| |
(2) | The group or trust must— |
| |
(a) | inform the child’s parent of their opinion and of their duty under |
| 40 |
| |
|
| |
|
| |
|
(b) | give the child’s parent an opportunity to discuss their opinion with an |
| |
officer of the group or trust. |
| |
(3) | The group or trust must then bring their opinion to the attention of the |
| |
appropriate local authority in England. |
| |
(4) | If the group or trust think a particular voluntary organisation is likely to be able |
| 5 |
to give the parent advice or assistance in connection with any special |
| |
educational needs the child may have, they must inform the parent of that. |
| |
Education, health and care provision: integration and joint commissioning |
| |
| |
(1) | A local authority in England must exercise its functions under this Part with a |
| 10 |
view to ensuring the integration of special educational provision with health |
| |
care provision and social care provision, where it thinks that this would— |
| |
(a) | promote the well-being of children or young people in its area who |
| |
have special educational needs, or |
| |
(b) | improve the quality of special educational provision— |
| 15 |
(i) | made in its area for children or young people who have special |
| |
| |
(ii) | made outside its area for children or young people for whom it |
| |
is responsible who have special educational needs. |
| |
(2) | The reference in subsection (1) to the well-being of children and young people |
| 20 |
is to their well-being so far as relating to— |
| |
(a) | physical 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; |
| 25 |
(e) | social and economic well-being; |
| |
(f) | domestic, family and personal relationships; |
| |
(g) | the contribution made by them to society. |
| |
26 | Joint commissioning arrangements |
| |
(1) | A local authority in England and its partner commissioning bodies must make |
| 30 |
arrangements (“joint commissioning arrangements”) about the education, |
| |
health and care provision to be secured for children and young people for |
| |
whom the authority is responsible who have special educational needs. |
| |
(2) | In this Part “education, health and care provision” means— |
| |
(a) | special educational provision; |
| 35 |
(b) | health care provision; |
| |
(c) | social care provision. |
| |
(3) | Joint commissioning arrangements must include arrangements for considering |
| |
| |
(a) | the education, health and care provision reasonably required by the |
| 40 |
learning difficulties and disabilities which result in the children and |
| |
young people concerned having special educational needs; |
| |
(b) | what education, health and care provision is to be secured; |
| |
|
| |
|
| |
|
(c) | by whom education, health and care provision is to be secured; |
| |
(d) | what advice and information is to be provided about education, health |
| |
| |
(e) | by whom, to whom and how such advice and information is to be |
| |
| 5 |
(f) | how complaints about education, health and care provision may be |
| |
made and are to be dealt with; |
| |
(g) | procedures for ensuring that disputes between the parties to the joint |
| |
commissioning arrangements are resolved as quickly as possible. |
| |
(4) | Joint commissioning arrangements about securing education, health and care |
| 10 |
provision must in particular include arrangements for— |
| |
(a) | securing EHC needs assessments; |
| |
(b) | securing the education, health and care provision specified in EHC |
| |
| |
(c) | agreeing personal budgets under section 48. |
| 15 |
(5) | Joint commissioning arrangements may also include other provision. |
| |
(6) | The parties to joint commissioning arrangements must— |
| |
(a) | have regard to them in the exercise of their functions, and |
| |
(b) | keep them under review. |
| |
(7) | Section 116B of the Local Government and Public Involvement in Health Act |
| 20 |
2007 (duty to have regard to assessment of relevant needs and joint health and |
| |
wellbeing strategy) applies in relation to functions exercisable under this |
| |
| |
(8) | A local authority’s “partner commissioning bodies” are— |
| |
(a) | the National Health Service Commissioning Board, to the extent that it |
| 25 |
is under a duty under section 3B of the National Health Service Act |
| |
2006 to arrange for the provision of services or facilities for any children |
| |
and young people for whom the authority is responsible who have |
| |
special educational needs, and |
| |
(b) | each clinical commissioning group that is under a duty under section 3 |
| 30 |
of that Act to arrange for the provision of services or facilities for any |
| |
such children and young people. |
| |
(9) | Regulations may prescribe circumstances in which a clinical commissioning |
| |
group that would otherwise be a partner commissioning body of a local |
| |
authority by virtue of subsection (8)(b) is to be treated as not being a partner |
| 35 |
commissioning body of the authority. |
| |
Review of education and care provision |
| |
27 | Duty to keep education and care provision under review |
| |
(1) | A local authority in England must keep under review— |
| |
(a) | the special educational provision and social care provision made in its |
| 40 |
area for children and young people who have special educational |
| |
| |
(b) | the special educational provision and social care provision made |
| |
outside its area for children and young people for whom it is |
| |
responsible who have special educational needs. |
| 45 |
|
| |
|
| |
|
(2) | The authority must consider the extent to which the provision referred to in |
| |
subsection (1)(a) and (b) is sufficient to meet the special educational needs and |
| |
social care needs of the children and young people concerned. |
| |
(3) | In exercising its functions under this section, the authority must consult— |
| |
(a) | children and young people with special educational needs, and the |
| 5 |
parents of children with special educational needs, in its area; |
| |
(b) | the governing bodies of maintained schools and maintained nursery |
| |
| |
(c) | the proprietors of Academies in its area; |
| |
(d) | the governing bodies, proprietors or principals of post-16 institutions |
| 10 |
| |
(e) | the governing bodies of non-maintained special schools in its area; |
| |
(f) | the advisory boards of children’s centres in its area; |
| |
(g) | the providers of relevant early years education in its area; |
| |
(h) | the governing bodies, proprietors or principals of other schools and |
| 15 |
post-16 institutions in England and Wales that the authority thinks are |
| |
or are likely to be attended by children or young people for whom it is |
| |
| |
(i) | a youth offending team that the authority thinks has functions in |
| |
relation to children or young people for whom it is responsible; |
| 20 |
(j) | such other persons as the authority thinks appropriate. |
| |
(4) | Section 116B of the Local Government and Public Involvement in Health Act |
| |
2007 (duty to have regard to assessment of relevant needs and joint health and |
| |
wellbeing strategy) applies in relation to functions exercisable under this |
| |
| 25 |
(5) | “Children’s centre” has the meaning given by section 5A(4) of the Childcare |
| |
| |
Co-operation and assistance |
| |
28 | Co-operating generally: local authority functions |
| |
(1) | A local authority in England must co-operate with each of its local partners, |
| 30 |
and each local partner must co-operate with the authority, in the exercise of the |
| |
authority’s functions under this Part. |
| |
(2) | Each of the following is a local partner of a local authority in England for this |
| |
| |
(a) | where the authority is a county council for an area for which there is |
| 35 |
also a district council, the district council; |
| |
(b) | the governing body of a maintained school or maintained nursery |
| |
school that is maintained by the authority or provides education or |
| |
training for children or young people for whom the authority is |
| |
| 40 |
(c) | the proprietor of an Academy that is in the authority’s area or provides |
| |
education or training for children or young people for whom the |
| |
authority is responsible; |
| |
(d) | the proprietor of a non-maintained special school that is in the |
| |
authority’s area or provides education or training for children or young |
| 45 |
people for whom the authority is responsible; |
| |
|
| |
|
| |
|
(e) | the governing body of an institution within the further education sector |
| |
that is in the authority’s area, or is attended, or likely to be attended, by |
| |
children or young people for whom the authority is responsible; |
| |
(f) | the management committee of a pupil referral unit that is in the |
| |
authority’s area, or is in England and is or is likely to be attended by |
| 5 |
children or young people for whom the authority is responsible; |
| |
(g) | the proprietor of an institution approved by the Secretary of State |
| |
under section 41 (independent special schools and special post 16 |
| |
institutions: approval) that is in the authority’s area, or is attended, or |
| |
likely to be attended, by children or young people for whom the |
| 10 |
authority is responsible; |
| |
(h) | any other person (other than a school or post-16 institution) that makes |
| |
special educational provision for a child or young person for whom the |
| |
authority is responsible; |
| |
(i) | a youth offending team that the authority thinks has functions in |
| 15 |
relation to children or young people for whom it is responsible; |
| |
(j) | the National Health Service Commissioning Board; |
| |
(k) | a clinical commissioning group— |
| |
(i) | whose area coincides with, or falls wholly or partly within, the |
| |
| 20 |
(ii) | which is under a duty under section 3 of the National Health |
| |
Service Act 2006 to arrange for the provision of services or |
| |
facilities for any children and young people for whom the |
| |
authority is responsible; |
| |
(l) | an NHS trust or NHS foundation trust which provides services in the |
| 25 |
authority’s area, or which exercises functions in relation to children or |
| |
young people for whom the authority is responsible; |
| |
(m) | a Local Health Board which exercises functions in relation to children |
| |
or young people for whom the authority is responsible. |
| |
(3) | A local authority in England must make arrangements for ensuring co- |
| 30 |
| |
(a) | the officers of the authority who exercise the authority’s functions |
| |
relating to education or training, |
| |
(b) | the officers of the authority who exercise the authority’s social services |
| |
functions for children or young people with special educational needs, |
| 35 |
| |
(c) | the officers of the authority, so far as they are not officers within |
| |
paragraph (a) or (b), who exercise the authority’s functions relating to |
| |
provision which is within section 30(2)(e) (provision to assist in |
| |
preparing children and young people for adulthood and independent |
| 40 |
| |
(4) | Regulations may prescribe circumstances in which a clinical commissioning |
| |
group that would otherwise be a local partner of a local authority by virtue of |
| |
subsection (2)(k)(ii) is to be treated as not being a local partner of the authority. |
| |
29 | Co-operating generally: governing body functions |
| 45 |
(1) | This section applies where an appropriate authority for a school or post-16 |
| |
institution mentioned in subsection (2) has functions under this Part. |
| |
(2) | The schools and post-16 institutions referred to in subsection (1) are— |
| |
| |
|
| |
|
| |
|
(b) | maintained nursery schools; |
| |
| |
(d) | institutions within the further education sector; |
| |
(e) | pupil referral units; |
| |
(f) | alternative provision Academies. |
| 5 |
(3) | The appropriate authority must co-operate with each responsible local |
| |
authority, and each responsible local authority must co-operate with the |
| |
appropriate authority, in the exercise of those functions. |
| |
(4) | A responsible local authority, in relation to an appropriate authority for a |
| |
school or post-16 institution mentioned in subsection (2), is a local authority in |
| 10 |
England that is responsible for any child or young person who is a registered |
| |
pupil or a student at the school or post-16 institution. |
| |
(5) | The “appropriate authority” for a school or post-16 institution is— |
| |
(a) | in the case of a maintained school, maintained nursery school, or |
| |
institution within the further education sector, the governing body; |
| 15 |
(b) | in the case of an Academy, the proprietor; |
| |
(c) | in the case of a pupil referral unit, the management committee. |
| |
| |
30 | Local offer for children and young people with special educational needs |
| |
(1) | A local authority in England must publish information about— |
| 20 |
(a) | the provision within subsection (2) it expects to be available in its area |
| |
at the time of publication for children and young people who have |
| |
special educational needs, and |
| |
(b) | the provision within subsection (2) it expects to be available outside its |
| |
area at that time for children and young people for whom it is |
| 25 |
| |
(2) | The provision for children and young people referred to in subsection (1) is— |
| |
(a) | education, health and care provision; |
| |
(b) | other educational provision; |
| |
| 30 |
(d) | arrangements for travel to and from schools and post-16 institutions |
| |
and places at which relevant early years education is provided; |
| |
(e) | provision to assist in preparing children and young people for |
| |
adulthood and independent living. |
| |
(3) | For the purposes of subsection (2)(e), provision to assist in preparation for |
| 35 |
adulthood and independent living includes provision relating to— |
| |
| |
(b) | obtaining accommodation; |
| |
(c) | participation in society. |
| |
(4) | Information required to be published by an authority under this section is to be |
| 40 |
known as its “local offer”. |
| |
(5) | A local authority must keep its local offer under review and may from time to |
| |
| |
|
| |
|
| |
|
(6) | A local authority must from time to time publish— |
| |
(a) | comments about its local offer it has received from or on behalf of |
| |
children and young people with special educational needs, and the |
| |
parents of children with special educational needs, and |
| |
(b) | the authority’s response to those comments. |
| 5 |
(7) | Comments published under subsection (6)(a) must be published in a form that |
| |
does not enable the person making them to be identified. |
| |
(8) | Regulations may make provision about— |
| |
(a) | the information to be included in an authority’s local offer; |
| |
(b) | how an authority’s local offer is to be published; |
| 10 |
(c) | who is to be consulted by an authority in preparing and reviewing its |
| |
| |
(d) | how an authority is to involve children and young people with special |
| |
educational needs, and the parents of children with special educational |
| |
needs, in the preparation and review of its local offer; |
| 15 |
(e) | the publication of comments on the local offer, and the local authority’s |
| |
response, under subsection (6) (including circumstances in which |
| |
comments are not required to be published). |
| |
(9) | The regulations may in particular require an authority’s local offer to include— |
| |
(a) | information about how to obtain an EHC needs assessment; |
| 20 |
(b) | information about other sources of information, advice and support for |
| |
children and young people with special educational needs and those |
| |
| |
(c) | information about gaining access to provision additional to, or different |
| |
from, the provision mentioned in subsection (2); |
| 25 |
(d) | information about how to make a complaint about provision |
| |
mentioned in subsection (2). |
| |
31 | Co-operating in specific cases: local authority functions |
| |
(1) | This section applies where a local authority in England requests the co- |
| |
operation of any of the following bodies in the exercise of a function under this |
| 30 |
| |
(a) | another local authority; |
| |
(b) | a youth offending team; |
| |
(c) | the National Health Service Commissioning Board; |
| |
(d) | a clinical commissioning group; |
| 35 |
(e) | a Local Health Board; |
| |
(f) | an NHS trust or NHS foundation trust. |
| |
(2) | The body must comply with the request, unless it considers that doing so |
| |
| |
(a) | be incompatible with its own duties, or |
| 40 |
(b) | otherwise have an adverse effect on the exercise of its functions. |
| |
(3) | A body that decides not to comply with a request under subsection (1) must |
| |
give the authority that made the request written reasons for the decision. |
| |
(4) | Regulations may provide that, where a body is under a duty to comply with a |
| |
request to co-operate with a local authority in securing an EHC needs |
| 45 |
|
| |
|