Children and Families Bill

Session 2012 - 13
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Other Bills before Parliament

Children and Families Bill

Children and Families Bill
Part 3 — Children and young people in England with special educational needs
26

assessment or the preparation of an EHC plan, the body must comply with the
request within a prescribed period, unless a prescribed exception applies.
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Advice and information for parents and young people
(1)
A local authority in England must arrange for the parents of children for whom
it is responsible, and young people for whom it is responsible, to be provided
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with advice and information about matters relating to the special educational
needs of the children or young people concerned.
(2)
The authority must take such steps as it thinks appropriate for making the
services provided under subsection (1) known to—
(a)
the parents of children in its area;
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(b)
young people in its area;
(c)
the head teachers, proprietors and principals of schools and post-16
institutions in its area.
(3)
The authority may also take such steps as it thinks appropriate for making the
services provided under subsection (1) known to such other persons as it
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thinks appropriate.
Mainstream education
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Children and young people with EHC plans
(1)
This section applies where a local authority is securing the preparation of an
EHC plan for a child or young person who is to be educated in a school or post-
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16 institution.
(2)
In a case within section 39(5) or 40(2), the local authority must secure that the
plan provides for the child or young person to be educated in a maintained
nursery school, mainstream school or mainstream post-16 institution, unless
that is incompatible with—
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(a)
the wishes of the child’s parent or the young person, or
(b)
the provision of efficient education for others.
(3)
A local authority may rely on the exception in subsection (2)(b) in relation to
maintained nursery schools, mainstream schools or mainstream post-16
institutions in its area taken as a whole only if it shows that there are no
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reasonable steps that it could take to prevent the incompatibility.
(4)
A local authority may rely on the exception in subsection (2)(b) in relation to a
particular maintained nursery school, mainstream school or mainstream post-
16 institution only if it shows that there are no reasonable steps that it or the
governing body, proprietor or principal could take to prevent the
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incompatibility.
(5)
The governing body, proprietor or principal of a maintained nursery school,
mainstream school or mainstream post-16 institution may rely on the
exception in subsection (2)(b) only if they show that there are no reasonable
steps that they or the local authority could take to prevent the incompatibility.
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(6)
Subsection (2) does not prevent the child or young person from being educated
in an independent school, a non-maintained special school or a special post-16
institution, if the cost is not to be met by a local authority or the Secretary of
State.

Children and Families Bill
Part 3 — Children and young people in England with special educational needs
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(7)
This section does not affect the operation of section 58 (fees payable by local
authority for special educational provision at non-maintained schools and
post-16 institutions).
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Children and young people with special educational needs but no EHC plan
(1)
This section applies to a child or young person in England who has special
5
educational needs but for whom no EHC plan is maintained, if he or she is to
be educated in a school or post-16 institution.
(2)
The child or young person must be educated in a maintained nursery school,
mainstream school or mainstream post-16 institution, subject to subsections (3)
and (4).
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(3)
The child or young person may be educated in an independent school, a non-
maintained special school or a special post-16 institution, if the cost is not to be
met by a local authority or the Secretary of State.
(4)
The child or young person may be educated in a special school or special post-
16 institution during any period in which any of subsections (5) to (9) applies.
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(5)
This subsection applies while the child or young person is admitted to a special
school or special post-16 institution for the purposes of an EHC needs
assessment, if all the following have agreed to his or her admission to the
school or post-16 institution—
(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 institution;
(c)
the child’s parent or the young person;
(d)
anyone else whose advice is required to be obtained in connection with
the assessment by virtue of regulations under section 36(11).
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(6)
This subsection applies while the child or young person remains admitted to a
special school or special post-16 institution, in prescribed circumstances,
following an EHC needs assessment at the school or post-16 institution.
(7)
This subsection applies while the child or young person is admitted to a special
school or special post-16 institution, following a change in his or her
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circumstances, if all the following have agreed to his or her admission to the
school or post-16 institution—
(a)
the local authority which is responsible for him or her;
(b)
the head teacher of the school or the principal of the Academy or post-
16 institution;
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(c)
the child’s parent or the young person.
(8)
This subsection applies while the child or young person is admitted to a special
school which is established in a hospital and is—
(a)
a community or foundation special school, or
(b)
an Academy school.
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(9)
This subsection applies while the child is admitted to a special school or special
post-16 institution that is an Academy, if the Academy arrangements made in
respect of the school or post-16 institution permit it to admit children and
young people with special educational needs for whom no EHC plan is
maintained.
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Children and Families Bill
Part 3 — Children and young people in England with special educational needs
28

(10)
This section does not affect the operation of section 58 (fees payable by local
authority for special educational provision at non-maintained schools and
post-16 institutions).
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Children with SEN in maintained nurseries and mainstream schools
(1)
This section applies where a child with special educational needs is being
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educated in a maintained nursery school or a mainstream school.
(2)
Those concerned with making special educational provision for the child must
secure that the child engages in the activities of the school together with
children who do not have special educational needs, subject to subsection (3).
(3)
Subsection (2) applies only so far as is reasonably practicable and is compatible
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with—
(a)
the child receiving the special educational provision called for by his or
her special educational needs,
(b)
the provision of efficient education for the children with whom he or
she will be educated, and
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(c)
the efficient use of resources.
Assessment
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Assessment of education, health and care needs
(1)
A request for a local authority in England to secure an EHC needs assessment
for a child or young person may be made to the authority by the child’s parent,
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the young person or a person acting on behalf of a school or post-16 institution.
(2)
An “EHC needs assessment” is an assessment of the educational, health care
and social care needs of a child or young person.
(3)
When a request is made to a local authority under subsection (1), or a local
authority otherwise becomes responsible for a child or young person, the
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authority must determine whether it may be necessary for special educational
provision to be made for the child or young person in accordance with an EHC
plan.
(4)
In making a determination under subsection (3), the local authority must
consult the child’s parent or the young person.
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(5)
Where the local authority determines that it is not necessary for special
educational provision to be made for the child or young person in accordance
with an EHC plan it must notify the child’s parent or the young person—
(a)
of the reasons for that determination, and
(b)
that accordingly it has decided not to secure an EHC needs assessment
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for the child or young person.
(6)
Subsection (7) applies where—
(a)
no EHC plan is maintained for the child or young person,
(b)
the child or young person has not been assessed under this section
during the previous six months, and
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(c)
the local authority determines that it may be necessary for special
educational provision to be made for the child or young person in
accordance with an EHC plan.

Children and Families Bill
Part 3 — Children and young people in England with special educational needs
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(7)
The authority must notify the child’s parent or the young person—
(a)
that it is considering securing an EHC needs assessment for the child or
young person, and
(b)
that the parent or young person has the right to—
(i)
express views to the authority (orally or in writing), and
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(ii)
submit evidence to the authority.
(8)
The local authority must secure an EHC needs assessment for the child or
young person if, after having regard to any views expressed and evidence
submitted under subsection (7), the authority is of the opinion that—
(a)
the child or young person has or may have special educational needs,
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and
(b)
it may be necessary for special educational provision to be made for the
child or young person in accordance with an EHC plan.
(9)
After an EHC needs assessment has been carried out, the local authority must
notify the child’s parent or the young person of—
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(a)
the outcome of the assessment,
(b)
whether it proposes to secure that an EHC plan is prepared for the child
or young person, and
(c)
the reasons for that decision.
(10)
In forming an opinion for the purposes of this section in relation to a young
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person aged over 18, a local authority must have regard to his or her age.
(11)
Regulations may make provision about EHC needs assessments, in
particular—
(a)
about requests under subsection (1);
(b)
imposing time limits in relation to consultation under subsection (4);
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(c)
about giving notice;
(d)
about expressing views and submitting evidence under subsection (7);
(e)
about how assessments are to be conducted;
(f)
about advice to be obtained in connection with an assessment;
(g)
requiring the attendance of persons of a prescribed description in
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connection with an assessment;
(h)
about combining an EHC needs assessment with other assessments;
(i)
about the use for the purposes of an EHC needs assessment of
information obtained as a result of other assessments;
(j)
about the use of information obtained as a result of an EHC needs
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assessment, including the use of that information for the purposes of
other assessments;
(k)
about the provision of information, advice and support in connection
with an EHC needs assessment.
Education, health and care plans
40
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Education, health and care plans
(1)
Where, in the light of an EHC needs assessment, it is necessary for special
educational provision to be made for a child or young person in accordance
with an EHC plan—

Children and Families Bill
Part 3 — Children and young people in England with special educational needs
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(a)
the local authority must secure that an EHC plan is prepared for the
child or young person, and
(b)
once an EHC plan has been prepared, it must maintain the plan.
(2)
For the purposes of this Part, an EHC plan is a plan specifying—
(a)
the child’s or young person’s special educational needs;
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(b)
the outcomes sought for him or her;
(c)
the special educational provision required by him or her;
(d)
any health care and social care provision reasonably required by the
learning difficulties and disabilities which result in him or her having
special educational needs.
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(3)
An EHC plan may also specify other health care and social care provision
reasonably required by the child or young person.
(4)
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 his or her age.
(5)
Regulations may make provision about the preparation, content and
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maintenance of EHC plans.
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Preparation of EHC plans: draft plan
(1)
Where a local authority is required to secure that an EHC plan is prepared for
a child or young person, it must consult the child’s parent or the young person
about the content of the plan during the preparation of a draft of the plan.
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(2)
The local authority must then—
(a)
send the draft plan to the child’s parent or the young person, and
(b)
give the parent or young person notice of his or her right to—
(i)
make representations about the content of the draft plan, and
(ii)
request the authority to secure that a particular school or other
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institution within subsection (3) is named in the plan.
(3)
A school or other institution is within this subsection if it is—
(a)
a maintained school;
(b)
a maintained nursery school;
(c)
an Academy;
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(d)
an institution within the further education sector in England;
(e)
a non-maintained special school;
(f)
an institution approved by the Secretary of State under section 41
(independent special schools and special post-16 institutions:
approval).
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(4)
A notice under subsection (2)(b) must specify a period before the end of which
any representations or requests must be made.
(5)
The draft EHC plan sent to the child’s parent or the young person must not—
(a)
name a school or other institution, or
(b)
specify a type of school or other institution.
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