Children and Families Bill (HL Bill 83)

(5) This section applies for the purposes of this Part.

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
5different from, that made generally for others of the same age in—

(a) mainstream schools in England,

(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) 10“Special educational provision”, for a child aged under two, means educational
provision of any kind.

(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) 15“Social care provision” means the provision made by a local authority in the
exercise of its social services functions.

(5) Health care provision or social care provision which educates or trains a child
or young person is to be treated as special educational provision (instead of
health care provision or social care provision).

(6) 20This section applies for the purposes of this Part.

Identifying children and young people with special educational needs and disabilities

22 Identifying children and young people with special educational needs and
disabilities

A local authority in England must exercise its functions with a view to securing
25that it identifies—

(a) all the children and young people in its area who have or may have
special educational needs, and

(b) all the children and young people in its area who have a disability.

23 Duty of health bodies to bring certain children to local authority’s attention

(1) 30This section applies where, in the course of exercising functions in relation to a
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 or a disability.

(2) The group or trust must—

(a) 35inform the child’s parent of their opinion and of their duty under
subsection (3), and

(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
40appropriate local authority in England.

(4) If the group or trust think a particular voluntary organisation is likely to be able
to give the parent advice or assistance in connection with any special
educational needs or disability the child may have, they must inform the
parent of that.

5Children and young people for whom a local authority is responsible

24 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
10educational needs, or

(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.

Education, health and care provision: integration and joint commissioning

25 15Promoting integration

(1) A local authority in England must exercise its functions under this Part with a
view to ensuring the integration of educational provision and training
provision with health care provision and social care provision, where it thinks
that this would—

(a) 20promote the well-being of children or young people in its area who
have special educational needs or a disability, or

(b) improve the quality of special educational provision—

(i) made in its area for children or young people who have special
educational needs, or

(ii) 25made 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
is to their well-being so far as relating to—

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

(b) 30protection 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) domestic, family and personal relationships;

(g) 35the contribution made by them to society.

26 Joint commissioning arrangements

(1) A local authority in England and its partner commissioning bodies must make
arrangements (“joint commissioning arrangements”) about the education,
health and care provision to be secured for—

(a) 40children and young people for whom the authority is responsible who
have special educational needs, and

(b) children and young people in the authority’s area who have a
disability.

(2) In this Part “education, health and care provision” means—

(a) special educational provision;

(b) 5health care provision;

(c) social care provision.

(3) Joint commissioning arrangements must include arrangements for considering
and agreeing—

(a) the education, health and care provision reasonably required by—

(i) 10the learning difficulties and disabilities which result in the
children and young people within subsection (1)(a) having
special educational needs, and

(ii) the disabilities of the children and young people within
subsection (1)(b);

(b) 15what 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
and care provision;

(e) by whom, to whom and how such advice and information is to be
20provided;

(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) 25Joint commissioning arrangements about securing education, health and care
provision must in particular include arrangements for—

(a) securing EHC needs assessments;

(b) securing the education, health and care provision specified in EHC
plans;

(c) 30agreeing personal budgets under section 49.

(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) 35Section 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
section.

(8) A local authority’s “partner commissioning bodies” are—

(a) 40the National Health Service Commissioning Board, to the extent that it
is under a duty under section 3B of the National Health Service Act
2006 to arrange for the provision of services or facilities for—

(i) any children and young people for whom the authority is
responsible who have special educational needs, or

(ii) 45any children and young people in the authority’s area who have
a disability, and

(b) each clinical commissioning group that is under a duty under section 3
of that Act to arrange for the provision of services or facilities for any
children and young people within paragraph (a).

(9) Regulations may prescribe circumstances in which a clinical commissioning
5group 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
commissioning body of the authority.

Review of education and care provision

27 Duty to keep education and care provision under review

(1) 10A local authority in England must keep under review—

(a) the educational provision, training provision and social care provision
made in its area for children and young people who have special
educational needs or a disability, and

(b) the educational provision, training provision and social care provision
15made outside its area for—

(i) children and young people for whom it is responsible who have
special educational needs, and

(ii) children and young people in its area who have a disability.

(2) The authority must consider the extent to which the provision referred to in
20subsection (1)(a) and (b) is sufficient to meet the educational needs, training
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 in its area with special educational needs,
and the parents of children in its area with special educational needs;

(b) 25children and young people in its area who have a disability, and the
parents of children in its area who have a disability;

(c) the governing bodies of maintained schools and maintained nursery
schools in its area;

(d) the proprietors of Academies in its area;

(e) 30the governing bodies, proprietors or principals of post-16 institutions
in its area;

(f) the governing bodies of non-maintained special schools in its area;

(g) the advisory boards of children’s centres in its area;

(h) the providers of relevant early years education in its area;

(i) 35the governing bodies, proprietors or principals of other schools and
post-16 institutions in England and Wales that the authority thinks are
or are likely to be attended by—

(i) children or young people for whom it is responsible, or

(ii) children or young people in its area who have a disability;

(j) 40a youth offending team that the authority thinks has functions in
relation to—

(i) children or young people for whom it is responsible, or

(ii) children or young people in its area who have a disability;

(k) such other persons as the authority thinks appropriate.

(4) 45Section 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
section.

(5) “Children’s centre” has the meaning given by section 5A(4) of the Childcare
Act 2006.

5Co-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,
and each local partner must co-operate with the authority, in the exercise of the
authority’s functions under this Part.

(2) 10Each of the following is a local partner of a local authority in England for this
purpose—

(a) where the authority is a county council for an area for which there is
also a district council, the district council;

(b) the governing body of a maintained school or maintained nursery
15school that is maintained by the authority or provides education or
training for children or young people for whom the authority is
responsible;

(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
20authority 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
people for whom the authority is responsible;

(e) the governing body of an institution within the further education sector
25that 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
children or young people for whom the authority is responsible;

(g) 30the 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
authority is responsible;

(h) 35any 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
relation to children or young people for whom it is responsible;

(j) 40a person in charge of relevant youth accommodation—

(i) in which there are detained persons aged 18 or under for whom
the authority was responsible immediately before the
beginning of their detention, or

(ii) that the authority thinks is accommodation in which such
45persons are likely to be detained;

(k) the National Health Service Commissioning Board;

(l) a clinical commissioning group—

(i) whose area coincides with, or falls wholly or partly within, the
authority’s area, or

(ii) which is under a duty under section 3 of the National Health
Service Act 2006 to arrange for the provision of services or
5facilities for any children and young people for whom the
authority is responsible;

(m) an NHS trust or NHS foundation trust which provides services in the
authority’s area, or which exercises functions in relation to children or
young people for whom the authority is responsible;

(n) 10a 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-
operation between—

(a) the officers of the authority who exercise the authority’s functions
15relating 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,
and

(c) the officers of the authority, so far as they are not officers within
20paragraph (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
living).

(4) Regulations may prescribe circumstances in which a clinical commissioning
25group that would otherwise be a local partner of a local authority by virtue of
subsection (2)(l)(ii) is to be treated as not being a local partner of the authority.

29 Co-operating generally: governing body functions

(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) 30The schools and post-16 institutions referred to in subsection (1) are—

(a) mainstream schools;

(b) maintained nursery schools;

(c) 16 to 19 Academies;

(d) institutions within the further education sector;

(e) 35pupil referral units;

(f) alternative provision Academies.

(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) 40A 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
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) 45in 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.

Information and advice

30 Local offer

(1) A local authority in England must publish information about—

(a) 5the 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 or a disability, and

(b) the provision within subsection (2) it expects to be available outside its
area at that time for—

(i) 10children and young people for whom it is responsible, and

(ii) children and young people in its area who have a disability.

(2) The provision for children and young people referred to in subsection (1) is—

(a) education, health and care provision;

(b) other educational provision;

(c) 15other training provision;

(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) 20For the purposes of subsection (2)(e), provision to assist in preparation for
adulthood and independent living includes provision relating to—

(a) finding employment;

(b) obtaining accommodation;

(c) participation in society.

(4) 25Information required to be published by an authority under this section is to be
known as its “local offer”.

(5) A local authority must keep its local offer under review and may from time to
time revise it.

(6) A local authority must from time to time publish—

(a) 30comments about its local offer it has received from or on behalf of—

(i) children and young people with special educational needs, and
the parents of children with special educational needs, and

(ii) children and young people who have a disability, and the
parents of children who have a disability, and

(b) 35the authority’s response to those comments (including details of any
action the authority intends to take).

(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) 40the information to be included in an authority’s local offer;

(b) how an authority’s local offer is to be published;

(c) who is to be consulted by an authority in preparing and reviewing its
local offer;

(d) how an authority is to involve—

(i) children and young people with special educational needs, and
the parents of children with special educational needs, and

(ii) children and young people who have a disability, and the
5parents of children who have a disability,

in the preparation and review of its local offer;

(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) 10The regulations may in particular require an authority’s local offer to include—

(a) information about how to obtain an EHC needs assessment;

(b) information about other sources of information, advice and support
for—

(i) children and young people with special educational needs and
15those who care for them, and

(ii) children and young people who have a disability and those who
care for them;

(c) information about gaining access to provision additional to, or different
from, the provision mentioned in subsection (2);

(d) 20information 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 persons and bodies in the exercise of a
25function under this Part—

(a) another local authority;

(b) a youth offending team;

(c) the person in charge of any relevant youth accommodation;

(d) the National Health Service Commissioning Board;

(e) 30a clinical commissioning group;

(f) a Local Health Board;

(g) an NHS trust or NHS foundation trust.

(2) The person or body must comply with the request, unless the person or body
considers that doing so would—

(a) 35be incompatible with the duties of the person or body, or

(b) otherwise have an adverse effect on the exercise of the functions of the
person or body.

(3) A person or body that decides not to comply with a request under subsection
(1) must give the authority that made the request written reasons for the
40decision.

(4) Regulations may provide that, where a person or body is under a duty to
comply with a request to co-operate with a local authority in securing an EHC
needs assessment, a detained person’s EHC needs assessment or the
preparation of an EHC plan, the person or body must comply with the request
45within a prescribed period, unless a prescribed exception applies.

32 Advice and information

(1) A local authority in England must arrange for children and young people for
whom it is responsible, and the parents of children for whom it is responsible,
to be provided with advice and information about matters relating to the
5special educational needs of the children or young people concerned.

(2) A local authority in England must arrange for children and young people in its
area with a disability, and the parents of children in its area with a disability,
to be provided with advice and information about matters relating to the
disabilities of the children or young people concerned.

(3) 10The authority must take such steps as it thinks appropriate for making the
services provided under subsections (1) and (2) known to—

(a) the parents of children in its area;

(b) children in its area;

(c) young people in its area;

(d) 15the head teachers, proprietors and principals of schools and post-16
institutions in its area.

(4) The authority may also take such steps as it thinks appropriate for making the
services provided under subsections (1) and (2) known to such other persons
as it thinks appropriate.

20Mainstream education

33 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-
16 institution.

(2) 25In 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—

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

(b) 30the 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
reasonable steps that it could take to prevent the incompatibility.

(4) 35A 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
incompatibility.

(5) 40The 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.

(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.

(7) 5This section does not affect the operation of section 59 (fees payable by local
authority for special educational provision at non-maintained schools and
post-16 institutions).

34 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
10educational 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).

(3) 15The 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.

(5) 20This 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;

(b) 25the 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).

(6) 30This 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
35circumstances, 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;

(c) 40the 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.