Children and Families Bill (HL Bill 59)

(a) the adviser must notify the authority, and

(b) the authority must—

(i) arrange for mediation between it and the parent or young
person,

(ii) 5ensure that the mediation is conducted by an independent
person, and

(iii) participate in the mediation.

(7) Regulations may make provision for the purposes of the preceding provisions
of this section, in particular—

(a) 10about giving notice;

(b) imposing time limits;

(c) about exceptions to subsection (3);

(d) enabling a local authority to take prescribed steps following the
conclusion of mediation;

(e) 15about who may attend mediation;

(f) where a child’s parent is a party to mediation, requiring the mediator
to take reasonable steps to ascertain the views of the child;

(g) about the provision of advocacy and other support services for the
parent or young person;

(h) 20requiring a local authority to pay reasonable travel expenses and other
expenses of a prescribed description, up to any prescribed limit;

(i) about the training, qualifications and experience of mediation advisers
and mediators;

(j) conferring powers or imposing requirements on local authorities,
25mediation advisers and mediators.

(8) In this section “mediation adviser” means an independent person who can
provide information and advice about pursuing mediation with a local
authority.

(9) For the purposes of subsections (6)(b)(ii) and (8), a person who is employed by
30a local authority in England is not independent.

53 Resolution of disagreements

(1) A local authority in England must make arrangements with a view to avoiding
or resolving disagreements within subsection (2).

(2) The disagreements are those about the exercise by the local authority or
35relevant bodies of their functions under this Part, where the disagreement is
between—

(a) the local authority or a relevant body, and

(b) the parents of children, and young people, in the authority’s area.

(3) A local authority in England must make arrangements with a view to avoiding
40or resolving, in each relevant school or post-16 institution, disagreements
within subsection (4).

(4) The disagreements are those about the special educational provision made for
a child or young person with special educational needs who is a registered
pupil or a student at the relevant school or post-16 institution concerned,
45where the disagreement is between—

(a) the child’s parent, or the young person, and

(b) the appropriate authority for the school or post-16 institution.

(5) Arrangements within this section must provide for the appointment of
independent persons with the function of facilitating the avoidance or
resolution of the disagreements to which the arrangements apply.

5For this purpose, a person who is employed by a local authority in England is
not independent.

For this purpose, a person who is employed by a local authority in England is
not independent.

(6) A local authority in England must take such steps as it thinks appropriate for
10making the arrangements under this section known to—

(a) the parents of children in its area with special educational needs,

(b) young people in its area with special educational needs, and

(c) the head teachers, governing bodies, proprietors and principals of
schools and post-16 institutions in its area.

(7) 15A local authority in England may take such steps as it thinks appropriate for
making the arrangements under this section known to such other persons as it
thinks appropriate.

(8) In this section—

• “relevant body” means—

  (a)

  20the governing body of a maintained school, maintained nursery
  school or institution within the further education sector;

  (b)

  the proprietor of an Academy;

• “relevant school or post-16 institution” means—

  (a)

  a maintained school;

  (b)

  25a maintained nursery school;

  (c)

  a post-16 institution;

  (d)

  an Academy;

  (e)

  an independent school;

  (f)

  a non-maintained special school;

  (g)

  30a pupil referral unit;

  (h)

  a place at which relevant early years education is provided.

(9) For the purposes of this section, the “appropriate authority” for a relevant
school or post-16 institution is—

(a) in the case of a maintained school, maintained nursery school or non-
35maintained special school, the governing body;

(b) in the case of a post-16 institution, the governing body, proprietor or
principal;

(c) in the case of an Academy or independent school, the proprietor;

(d) in the case of a pupil referral unit, the management committee;

(e) 40in the case of a place at which relevant early years education is
provided, the provider of the relevant early years education.

54 Appeals and claims by children: pilot schemes

(1) The Secretary of State may by order make pilot schemes enabling children in
England to—

(a) 45appeal to the First-tier Tribunal under section 51;

(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
because of the child’s disability.

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

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

(b) 5in respect of appeals under section 51, about mediation and the
application of section 52;

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

(d) about determining whether a child is capable of bringing an appeal or
10making 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) enabling children to have access to advice and information which is
15available 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) requiring documents to be served on a child (as well as on his or her
20parent).

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

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

(5) 25This section is repealed at the end of five years beginning with the day on
which this Act is passed.

55 Appeals and claims by children: follow-up provision

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

(a) appeal to the First-tier Tribunal under section 51;

(b) 30make 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
because of the child’s disability.

(2) The Secretary of State may not make an order under subsection (1) until the
35end of two years beginning with the day on which the first order is made under
section 54(1).

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

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

(b) in respect of appeals under section 51, about mediation and the
40application of section 52;

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

(d) about determining whether a child is capable of bringing an appeal or
making a claim, and the assistance and support a child may require to
45be 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) 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
5of 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) requiring documents to be served on a child (as well as on his or her
parent).

(4) 10An order under subsection (1) may—

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

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

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

56 15Equality 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
disability) for “to the Tribunal by the person’s parent” substitute “—

(a) 20to 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

57 Special educational provision otherwise than in schools, post-16 institutions
25etc

(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
place at which relevant early years education is provided.

(2) 30An 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.

58 Special educational provision outside England and Wales

(1) 35This 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) The arrangements may (in particular) include contributing to or paying—

(a) 40fees 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) expenses reasonably incurred by someone accompanying the child or
young person while travelling to or from the institution or staying
5there.

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

(1) Subsection (2) applies where—

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

(b) 10special 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) that school, institution or place is named in the EHC plan.

(2) The local authority must pay any fees payable in respect of education or
15training 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) a local authority is responsible for a child or young person for whom no
EHC plan is maintained,

(b) 20special 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) the local authority is satisfied that—

(i) the interests of the child or young person require special
25educational 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
question.

(4) The local authority must pay any fees payable in respect of the special
30educational 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) Where 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
35authority 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.

60 Supply of goods and services

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

(a) 40the governing body of a maintained school or maintained nursery
school in England;

(b) the proprietor of an Academy;

(c) the 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
45whom 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
performance of—

(a) any duty imposed on the body under section 62(2) (duty to use best
endeavours to secure special educational provision called for by special
5educational needs);

(b) in the case of a governing body of a community or foundation special
school, 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) 10A local authority in England may supply goods and services to any authority
or other person (other than a governing body or proprietor within 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
15education, in a case where the authority has decided that the special
educational provision is necessary for the child.

61 Access 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) 20A 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
institution 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
25institution in Wales.

Special educational provision: functions of governing bodies and others

62 Using 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) 30mainstream schools;

(b) maintained nursery schools;

(c) 16 to 19 Academies;

(d) alternative provision Academies;

(e) institutions within the further education sector;

(f) 35pupil referral units.

(2) If a registered pupil or a student at a school or other institution has special
educational 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
40special educational needs is made.

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

(a) in 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.

63 SEN co-ordinators

(1) This section imposes duties on the appropriate authorities of the following
5schools in England—

(a) mainstream schools;

(b) maintained nursery schools.

(2) The appropriate authority must designate a member of staff at the school (to be
known as the “SEN co-ordinator”) as having responsibility for co-ordinating
10the 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) 15confer 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) 20in the case of an Academy, the proprietor.

64 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,
25an 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) 30The “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) 35in the case of a pupil referral unit, the management committee.

65 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) 40the 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
governing body’s or proprietor’s policy for pupils at the school with
special educational needs;

(b) 5information as to—

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

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

(iii) 10the 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) 15In this section—

• “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.

20Information to improve well-being of children and young people with SEN

66 Provision 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
25State 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
needs.

(2) The powers are those of the Secretary of State under the following provisions
30of EA 1996 (so far as relating to England)—

(a) section 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) 35section 537A (information about individual pupils);

(e) section 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) 40In each calendar year, the Secretary of State must publish, or arrange to be
published, 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) 45young people aged under 19 in England with special educational
needs.

(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) 5The 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
10educational 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) 15physical 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) 20domestic, family and personal relationships;

(g) the contribution made by them to society.

Code of practice

67 Code of practice

(1) The Secretary of State must issue a code of practice giving guidance about the
25exercise 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) 30the 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) 35the National Health Service Commissioning Board;

(i) clinical commissioning groups;

(j) NHS trusts;

(k) NHS foundation trusts;

(l) Local Health Boards.

(2) 40The 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
of 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.

68 5Making and approval of code

(1) Where the Secretary of State proposes to issue or revise a code under section
67, 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) 10If 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
each House of Parliament.

(4) The Secretary of State may not take any further steps in relation to—

(a) a proposed code unless the draft is approved by a resolution of each
15House, or

(b) a proposed revised code if, within the 40-day period, either House
resolves not to approve the draft.

(5) Subsection (6) applies if—

(a) both Houses resolve to approve the draft, as mentioned in subsection
20(4)(a), or

(b) neither House resolves not to approve the draft, as mentioned in
subsection (4)(b).

(6) The Secretary of State must 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
25order appoint.

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

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

(a) 30if 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
which the draft is laid before each House.

(9) 35For the purposes of subsection (8), 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

69 Parents and young people lacking capacity

(1) 40Regulations 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.