Children and Families Bill (HL Bill 59)

“—

“(a) a local authority in England must in particular have regard to
the needs of persons with learning difficulties or disabilities
(within the meaning of section 15ZA(6) and (7));

(b) 5a local authority in Wales must in particular have regard to
the needs of persons with learning difficulties (within the
meaning of section 41(5) and (6) of the Learning and Skills
Act 2000).”

8 In section 18A (provision of education for persons subject to youth
10detention), in subsection (2)—

(a) in paragraph (b) omit “or learning difficulties (within the meaning of
section 15ZA(6) and (7))”, and

(b) after that paragraph insert—

“(ba) in the case of a local authority in England, any
15learning difficulties or disabilities (within the
meaning of section 15ZA(6) and (7)) the persons may
have;

(bb) in the case of a local authority in Wales, any learning
difficulties (within the meaning of section 41(5) and
20(6) of the Learning and Skills Act 2000) the persons
may have;”.

9 In the title of Chapter 1 of Part 4 (children with special educational needs)
after “children” insert “in Wales”.

10 Before section 312 (meaning of special educational needs etc) insert—

“311A 25 Application of this Chapter: children in Wales

This Chapter applies only in relation to children in the area of a local
authority in Wales.”

11 (1) Section 312 (meaning of “special educational needs” and “special
educational provision” etc) is amended as follows.

(2) 30In subsections (1) and (2), after “child” insert “in the area of a local authority
in Wales”.

(3) In subsection (3A)—

(a) in paragraph (a)—

(i) omit “15ZA”, and

(ii) 35for “, 15B and 507B” substitute “and 15B”, and

(b) in paragraph (b), before “determining” substitute “a local authority
in Wales”.

(4) In subsection (4), after ““special educational provision”” insert “, in relation
to a child in the area of a local authority in Wales,”.

12 (1) 40Section 313 (code of practice) is amended as follows.

(2) In subsections (1) and (4) for “Secretary of State” substitute “Welsh
Ministers”.

(3) In subsection (5)—

(a) after “means” insert “the Special Educational Needs Tribunal for
45Wales.”, and

(b) omit paragraphs (a) and (b).

13 (1) Section 314 (making and approval of code) is amended as follows.

(2) In subsection (1)—

(a) for “Secretary of State proposes” substitute “Welsh Ministers
5propose”, and

(b) for “he” substitute “they”.

(3) In subsection (2)—

(a) for “Secretary of State” substitute “Welsh Ministers”,

(b) for “he thinks” substitute “they think”, and

(c) 10for “them” substitute “those persons”.

(4) For subsection (3) substitute—

“(3) If the Welsh Ministers determine to proceed with the draft (either in
its original form or with such modifications as they think fit) they
shall lay it before the National Assembly for Wales.”

(5) 15In subsection (4)—

(a) for “each house, the Secretary of State” substitute “the National
Assembly for Wales, the Welsh Ministers”, and

(b) for “the Secretary of State may” substitute “the Welsh Ministers
may”.

14 (1) 20Section 316A (education otherwise than in mainstream schools) is amended
as follows.

(2) In subsection (2)—

(a) in paragraph (a), for sub-paragraph (ii) substitute—

(bb) in paragraph (c), for sub-paragraph (ii) substitute—

(3) 25In subsection (8)—

(a) after “issued” insert “by the Welsh Ministers”, and

(b) omit paragraphs (a) and (b).

(4) In subsection (10)—

(a) omit “, in relation to Wales,”, and

(b) 30for “National Assembly for Wales” substitute “Welsh Ministers”.

15 In section 317 (duties of governing body or local authority in relation to
pupils with special educational needs), in subsection (5)—

(a) after “foundation special school shall” insert “include special needs
information in the report prepared under section 30(1) of the
35Education Act 2002 (governors’ report).”, and

(b) omit paragraphs (a) and (b).

16 (1) Section 318 (provision of goods and services in connection with special
educational needs) is amended as follows.

(2) Omit subsections (3) and (3A).

(3) In subsection (3B) omit “in Wales” (in the first place it occurs).

(4) In consequence of the repeal made by sub-paragraph (2)—

(a) in Schedule 30 to the School Standards and Framework Act 1998
omit paragraph 75(4),

(b) 5in the Education Act 2002, in section 194 omit subsection (2)(a), and

(c) in Schedule 2 to the Childcare Act 2006, omit paragraph 21.

17 In section 326 (appeal against contents of statement), in subsection (4)(c) for
the words from “in the case” to “in the proceedings” substitute “in the
proceedings the child has proposed the school”.

18 (1) 10Section 326A (unopposed appeals) is amended as follows.

(2) In subsection (1), for paragraph (a) substitute—

“(a) the parent of a child, or a child, has appealed to the Tribunal
under section 325, 328, 329 or 329A or paragraph 8(3) of
Schedule 27 against a decision of a local authority, and”.

(3) 15In subsection (6)—

(a) after “regulations made” insert “by the Welsh Ministers”, and

(b) omit paragraphs (a) and (b).

19 (1) Section 328A (appeal against determination of local authority in England not
to amend statement following review) is repealed.

(2) 20In consequence of the repeal made by sub-paragraph (1), section 2 of the
Children, Schools and Families Act 2010 is repealed.

20 (1) Section 329A (review or assessment of educational needs at request of
responsible body) is amended as follows.

(2) In subsection (14)—

(a) 25after ““Relevant early years education”” insert “has the same
meaning as it has (in relation to Wales) in section 123 of the School
Standards and Framework Act 1998 except that it does not include
early years education provided by a local authority at a maintained
nursery school.”, and

(b) 30omit paragraphs (a) and (b).

(3) In subsection (15)—

(a) omit “, in relation to Wales,”, and

(b) for “National Assembly for Wales” substitute “Welsh Ministers”.

(4) In consequence of the amendments made by sub-paragraph (2), in
35paragraph 22 of Schedule 2 to the Childcare Act 2006, omit sub-paragraph
(4).

(5) Until the coming into force in relation to Wales of the amendments made by
paragraph 22(2) and (3) of Schedule 2 to the Childcare Act 2006, section 329A
of EA 1996 has effect as if for subsection (14) (as amended by sub-paragraph
40(2)) there were substituted—

“(14) Relevant nursery education” has the same meaning as in section 123
of the School Standards and Framework Act 1998, except that it does
not include nursery education provided by a local authority at a
maintained nursery school.”

21 (1) Section 332ZA (right of a child to appeal to the Welsh Tribunal) is amended
as follows.

(2) In subsection (1) omit “Welsh”.

(3) In the title omit “Welsh”.

22 5In section 332ZB (notice and service of documents on a child in relation to an
appeal by the child), in subsection (1) omit “in Wales”.

23 (1) Section 332ZC (case friends—Wales) is amended as follows.

(2) In subsection (1), in paragraph (a) omit “in Wales”.

(3) In subsection (3), in paragraph (a) omit “Welsh”.

(4) 10In the title, omit “—Wales”.

24 (1) Section 332A (advice and information for parents—England) is repealed.

(2) In consequence of the repeal made by sub-paragraph (1), section 2 of the
Special Educational Needs and Disability Act 2001 is repealed.

(3) The repeals made by sub-paragraphs (1) and (2) do not affect the application
15for the time being of section 332A to certain local authorities in Wales by
virtue of article 4(a) of the Education (Wales) Measure 2009
(Commencement No 3 and Transitional Provisions) Order 2012 (SI 2012/
320).

25 (1) Section 332AA (advice and information— Wales) is amended as follows.

(2) 20In subsection (1) omit “in Wales”.

(3) In the title, omit “— Wales”.

26 (1) Section 332B (resolution of disputes—England) is repealed.

(2) In consequence of the repeal made by sub-paragraph (1), section 3 of the
Special Educational Needs and Disability Act 2001 is repealed.

(3) 25The repeals made by sub-paragraphs (1) and (2) do not affect the application
for the time being of section 332B to certain local authorities in Wales by
virtue of article 4(b) of the Education (Wales) Measure 2009
(Commencement No 3 and Transitional Provisions) Order 2012 (SI 2012/
320).

27 (1) 30Section 332BA (resolution of disputes—Wales) is amended as follows.

(2) In subsections (1) and (2) omit “in Wales”.

(3) In the title, omit “—Wales”.

28 (1) Section 332BB (independent advocacy services—Wales) is amended as
follows.

(2) 35In subsections (1) and (5) omit “in Wales”.

(3) In the title, omit “—Wales”.

29 (1) Sections 332C to 332E (information about children in England with special
educational needs) are repealed, and the cross-heading which precedes
section 332C is omitted.

(2) In consequence of the repeals made by sub-paragraph (1), section 1 of the
Special Educational Needs (Information) Act 2008 is repealed.

30 In the cross-heading which precedes section 333 (Special Educational Needs
Tribunal) after “Tribunal” insert “for Wales”.

31 (1) 5Section 333 (constitution of Welsh Tribunal) is amended as follows.

(2) Omit subsection (1ZB).

(3) In the following provisions, omit “Welsh”—

(a) subsection (1),

(b) in subsection (2), paragraphs (a), (b) and (c),

(c) 10in subsection (5), paragraph (a), and paragraph (b) (in the first place
it occurs), and

(d) subsection (6) (in the second place it occurs).

(4) In the title, omit “Welsh”.

32 In section 335 (remuneration and expenses), in subsection (1) and (2) omit
15“Welsh” (in each case, in the second place it occurs).

33 (1) Section 336 (Tribunal procedure) is amended as follows.

(2) In the following provisions omit “Welsh”—

(a) subsection (1) (in the second place it occurs),

(b) in subsection (2), paragraphs (b), (o) and (p),

(c) 20subsection (2A),

(d) subsection (3) (in the second place it occurs), and

(e) subsection (4) (in the first place it occurs).

(2) Omit subsection (5A).

(3) In subsection (6) omit “or (5A)”.

34 (1) 25Section 336ZB (appeals from the Welsh Tribunal to the Upper Tribunal) is
amended as follows.

(2) In the following provisions, omit “Welsh”—

(a) subsection (1) (in both places it occurs),

(b) subsection (2), and

(c) 30subsection (3).

(3) In the title, omit “Welsh”.

35 In section 336A (compliance with orders), in subsection (2)—

(a) after “made” insert “by the Welsh Ministers with the agreement of
the Secretary of State.”, and

(b) 35omit paragraphs (a) and (b).

36 For section 337 (special schools) substitute—

“337 Special schools

A school is a special school if it is specially organised to make special
educational provision for pupils with special educational needs, and
40it is—

(a) maintained by a local authority,

(b) an Academy school, or

(c) a non-maintained special school.”

37 In section 342 (approval of non-maintained special schools), in subsection
(1)(b) after “community or foundation special school” insert “or an Academy
5school”.

38 (1) Section 348 (provision of special education at non-maintained schools) is
amended as follows.

(2) In subsection (1) after paragraph (a) (and before the “and” which follows it)
insert—

“(aa) 10the child is in the area of a local authority in Wales,”.

(3) In the title, at the end insert “—Wales”.

39 (1) Section 438 (choice of school: child without statement of special educational
needs) is amended as follows.

(2) In subsection (1)—

(a) 15after “maintain” insert “an EHC plan (in the case of a local authority
in England) or”, and

(b) after “section 324” insert “(in the case of a local authority in Wales)”.

(3) In the title, after “without” insert “EHC plan or”.

40 (1) Section 440 (amendment of order at request of parent: child without
20statement of special educational needs) is amended as follows.

(2) In subsection (1)—

(a) after “maintain” insert “an EHC plan (in the case of a local authority
in England) or”, and

(b) after “section 324” insert “(in the case of a local authority in Wales)”.

(3) 25In the title, after “without” insert “EHC plan or”.

41 (1) Section 441 (choice of school: child with statement of special educational
needs) is amended as follows.

(2) In subsection (1)—

(a) after “maintain” insert “an EHC plan (in the case of a local authority
30in England) or”, and

(b) after “section 324” insert “(in the case of a local authority in Wales)”.

(3) In subsection (2) after “Where the” insert “EHC plan or”.

(4) In subsection (3)—

(a) after “Where the” insert “EHC plan or”, and

(b) 35after “amend the” insert “EHC plan or”.

(5) After subsection (3A) insert—

“(3B) An amendment to an EHC plan required to be made under
subsection (3)(a) shall be treated as if it were an amendment made
following a review under section 44 of the Children and Families Act
402013, and that section and regulations made under it apply
accordingly.”

(6) In subsection (4)—

(a) in paragraph (a) after “maintain” insert “an EHC plan or”, and

(b) in paragraph (b) after “specified in the” insert “plan or”.

(7) In the title, after “with” insert “EHC plan or”.

42 In section 442 (revocation of order at request of parent), in subsection (5)—

(a) 5after “maintain” insert “an EHC plan (in the case of a local authority
in England) or”,

(b) after “section 324” insert “(in the case of a local authority in Wales)”,

(c) in paragraph (a) after “specified in” insert “the EHC plan or”, and

(d) in paragraph (b) after “in the” insert “plan or the”.

43 10In section 463 (meaning of “independent school”)—

(a) in subsection (1)(b), after “for whom” insert “an EHC plan is
maintained or for whom”, and

(b) in subsection (1), for “or a special school not so maintained”
substitute “non-maintained special school”.

44 (1) 15Section 483A (city colleges and academies: special educational needs) is
amended as follows.

(2) In subsection (2), in paragraph (a) for “a statement is maintained under
section 324” substitute “an EHC plan or a statement under section 324 is
maintained”.

(3) 20In subsection (3), in paragraph (a) for “the statement” substitute “the EHC
plan”.

(4) In subsection (4), in paragraphs (a) and (b) after “specified in” insert “the
plan or”.

45 In section 507B (local authorities in England: functions in respect of leisure-
25time activities etc for persons aged 13 to 19 and certain persons aged 20 to
24), in subsection (2)(b) after “learning difficulty” insert “or disability”.

46 In section 508F (local authorities in England: provision of transport etc for
adult learners), in subsection (9) in the definition of “relevant young adult”
for “who is aged under 25 and is subject to learning difficulty assessment”
30substitute “for whom an EHC plan is maintained”.

47 In the title of section 508I (complaints about transport arrangements etc for
young adults subject to learning difficulty assessment: England), for “adults
subject to learning difficulty assessment” substitute “adult for whom EHC
plan is maintained”.

48 (1) 35Section 509AB (local authorities in England: further provision about
transport policy statements for persons of sixth form age) is amended as
follows.

(2) In subsection (1) after “difficulties” insert “or disabilities”.

(3) In subsection (2)(b) after “difficulties” (in each place it occurs) insert “or
40disabilities”.

49 In section 509AC (interpretation of sections 509AA and 509AB), in
subsection (4) after “learning difficulties” insert “or disabilities”.

50 (1) Section 514A (provision of boarding accommodation for persons subject to
learning difficulty assessment) is amended as follows.

(2) In subsection (1)—

(a) after “who is” insert “over compulsory school age and for whom an
EHC plan is maintained.”, and

(b) omit paragraphs (a) and (b).

(3) 5In the title, for “persons subject to learning difficulty assessment” substitute
“person for whom an EHC plan is maintained”.

51 In section 517 (payment of fees at schools not maintained by a local
authority), in subsection (1), for “or Part IV (special educational needs)”
substitute “, Part 4 (special educational needs) or Part 3 of the Children and
10Families Act 2013 (children and young people in England with special
educational needs)”.

52 (1) Section 532A (direct payments: persons with special educational needs or
subject to learning difficulty assessment) is amended as follows.

(2) In subsection (1)—

(a) 15after “(“the beneficiary”)” insert “for whom the authority maintain
an EHC plan.”, and

(b) omit paragraphs (a) and (b).

(3)
In subsection (2)—

(a) for paragraph (a) substitute—

“(a) 20special educational provision specified in the EHC
plan;”, and

(b) omit paragraph (b).

(4) In the title, omit “or subject to learning difficulty assessment”.

53 In section 532B (direct payments: pilot schemes), in subsection (9) for
25paragraph (a) substitute—

“(a) section 42(2) of the Children and Families Act 2013 (duty to
secure special educational provision in accordance with EHC
plan);”.

54 In section 560A (work experience for persons over compulsory school age),
30in subsection (1)(b) for “but under 25 and are subject to learning difficulty
assessment” substitute “and for whom an EHC plan is maintained”.

55 (1) Section 562C (detained persons with special educational needs) is amended
as follows.

(2) In subsection (1) after “local authority” insert “in England were maintaining
35an EHC plan for a detained person, or a local authority in Wales”.

(3) In subsection (2) after “must” insert “maintain the plan or”.

(4) In subsection (4), in paragraph (a) after “specified in” insert “the plan or”.

56 (1) Section 562G (information to be provided where statement of special
educational needs previously maintained) is amended as follows.

(2) 40In subsection (1) after “local authority” insert “in England were maintaining
an EHC plan for the person, or a local authority in Wales”.

(3) In subsection (3)—

(a) after “maintaining” insert “the plan or”, and

(b) after “copy of” insert “the plan or”.

(4) In subsection (4) for “a statement for the person under section 324,”
substitute “an EHC plan or a statement under section 324 for the person,”.

(5) In subsection (5)—

(a) 5after “maintaining” insert “the plan or”, and

(b) after “copy of” insert “the plan or”.

(6) In subsection (7), in paragraph (b) after “maintaining” insert “the EHC plan
or”.

(7) In subsection (8)—

(a) 10after “maintaining” insert “the plan or”, and

(b) in paragraph (a), for “a statement was being maintained for the
person by a local authority under section 324” substitute “an EHC
plan or a statement under section 324 was being maintained for the
person by a local authority”.

(8)
15In subsection (9) after “a copy of any” insert “plan or”.

57 (1) Section 562H (release of detained person appearing to host authority to
require assessment) is amended as follows.

(2) For subsection (2) substitute—

“(2) Subsection (3) applies where it appears to the host authority that—

(a) 20if the home authority are a local authority in England, the
detained person will, on release, be a child within the
meaning given in section 579(1);

(b) if the home authority are a local authority in Wales, the
detained person will, on release, be a child within the
25meaning given in section 312(5).”

(3) In subsection (5), in paragraph (a) after “learning difficulty” insert “or
disability”.

58 In section 579 (general interpretation)—

(a) in subsection (1), after the definition of “education functions”
30insert—

• ““EHC plan” means a plan within section 37(2) of the
  Children and Families Act 2013;”,

(b) in subsection (1), after the definition of “school year” insert—

• ““special educational needs”—

  (a)

  35in relation to a child or person over
  compulsory school age but under 25 in the
  area of a local authority in England, has the
  meaning given by section 20(1) of the
  Children and Families Act 2013;

  (b)

  40in relation to a child in the area of a local
  authority in Wales, has the meaning given by
  section 312;

• “special educational provision”—

  (a)

  in relation to a person in the area of a local
  45authority in England, has the meaning given

  Children and Families BillPage 159

  by section 21(1) and (2) of the Children and
  Families Act 2013;

  (b)

  in relation to a child in the area of a local
  authority in Wales, has the meaning given by
  5section 312(4);”,

(c) after subsection (1) insert—

“(1A) For the purposes of this Act a person is subject to learning
difficulty assessment if—

(a) an assessment under section 140 of the Learning and
10Skills Act 2000 (learning difficulty assessments:
Wales) has been conducted in respect of the person, or

(b) arrangements for such an assessment to be conducted
in respect of the person have been made or are
required to be made.”, and

(d) 15before subsection (4) insert—

“(3A) References in this Act to a person who is “in the area” of a
local authority in England do not include a person who is
wholly or mainly resident in the area of a local authority in
Wales.

(3B) 20References in this Act to a person who is “in the area” of a
local authority in Wales do not include a person who is
wholly or mainly resident in the area of a local authority in
England.”

59 In section 580 (index)—

(a) 25after the entry for “education functions” insert—

(b) after the entry for “interest in land” insert—

(c) for the entry for “learning difficulty” substitute—

(d) in the entry for “special educational needs”, in the second column for
40“section 312(1)” substitute “section 579(1)”,