Children and Families Bill (HL Bill 83)

(d) a decision of a local authority not to secure a re-assessment of the needs
of the child or young person under section 44 following a request to do
so;

(e) a decision of a local authority not to secure the amendment or
5replacement of an EHC plan it maintains for the child or young person
following a review or re-assessment under section 44;

(f) a decision of a local authority under section 45 to cease to maintain an
EHC plan for the child or young person.

(3) A child’s parent or a young person may appeal to the First-tier Tribunal under
10subsection (2)(c)—

(a) when an EHC plan is first finalised for the child or young person, and

(b) following an amendment or replacement of the plan.

(4) Regulations may make provision about appeals to the First-tier Tribunal in
respect of EHC plans, in particular about—

(a) 15other matters relating to EHC plans against which appeals may be
brought;

(b) making and determining appeals;

(c) the powers of the First-tier Tribunal on determining an appeal;

(d) unopposed appeals.

(5) 20A person commits an offence if without reasonable excuse that person fails to
comply with any requirement—

(a) in respect of the discovery or inspection of documents, or

(b) to attend to give evidence and produce documents,

where that requirement is imposed by Tribunal Procedure Rules in relation to
25an appeal under this section or regulations under subsection (4)(a).

(6) A person guilty of an offence under subsection (5) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

52 Mediation

(1) This section applies where a child’s parent or young person intends to appeal
30to the First-tier Tribunal under section 51 or regulations made under that
section in respect of—

(a) a decision of a local authority, or

(b) the content of an EHC plan maintained by a local authority.

(2) But this section does not apply in respect of an appeal concerning only—

(a) 35the school or other institution named in an EHC plan;

(b) the type of school or other institution specified in an EHC plan;

(c) the fact that an EHC plan does not name a school or other institution.

(3) The parent or young person may make the appeal only if a mediation adviser
has issued a certificate to him or her under subsection (4) or (5).

(4) 40A mediation adviser must issue a certificate to the parent or young person if—

(a) the adviser has provided him or her with information and advice about
pursuing mediation with the local authority, and

(b) the parent or young person has informed the adviser that he or she does
not wish to pursue mediation.

(5) A mediation adviser must issue a certificate to the parent or young person if
the adviser has provided him or her with information and advice about
pursuing mediation with the local authority, and the parent or young person
has—

(a) 5informed the adviser that he or she wishes to pursue mediation with
the local authority, and

(b) participated in such mediation.

(6) Where the parent or young person has informed the mediation adviser that he
or she wishes to pursue mediation with the local authority—

(a) 10the adviser must notify the authority, and

(b) the authority must—

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

(ii) ensure that the mediation is conducted by an independent
15person, and

(iii) participate in the mediation.

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

(a) about giving notice;

(b) 20imposing time limits;

(c) about exceptions to subsection (3);

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

(e) about who may attend mediation;

(f) 25where 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) requiring a local authority to pay reasonable travel expenses and other
30expenses 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,
mediation advisers and mediators.

(8) 35In 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
a local authority in England is not independent.

53 40Resolution 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
relevant bodies of their functions under this Part, where the disagreement is
45between—

(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
or resolving, in each relevant school or post-16 institution, disagreements
within subsection (4).

(4) 5The 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,
where the disagreement is between—

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

(b) 10the 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.

For this purpose, a person who is employed by a local authority in England is
15not 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
making the arrangements under this section known to—

(a) 20the 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) A local authority in England may take such steps as it thinks appropriate for
25making the arrangements under this section known to such other persons as it
thinks appropriate.

(8) In this section—

• “relevant body” means—

  (a)

  the governing body of a maintained school, maintained nursery
  30school 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)

  a maintained nursery school;

  (c)

  35a post-16 institution;

  (d)

  an Academy;

  (e)

  an independent school;

  (f)

  a non-maintained special school;

  (g)

  a pupil referral unit;

  (h)

  40a 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-
maintained special school, the governing body;

(b) 45in 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) in 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
5England to—

(a) appeal 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
10because 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) in respect of appeals under section 51, about mediation and the
application of section 52;

(c) 15about 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
be able to do so;

(e) 20enabling 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
of a kind mentioned in subsection (1);

(g) 25about 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).

(3) An order under subsection (1) may apply a statutory provision, with or
30without modifications.

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

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

55 35Appeals 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) make a claim to the First-tier Tribunal under Schedule 17 to the
Equality Act 2010 (disabled pupils: enforcement) that a responsible
40body 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
end of two years beginning with the day on which the first order is made under
section 54(1).

(3) 45An 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
application of section 52;

(c) about the bringing of appeals or making of claims by a child and by his
5or 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
be able to do so;

(e) enabling a person to exercise a child’s rights under an order under
10subsection (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
of a kind mentioned in subsection (1);

(g) about the provision of advocacy and other support services to children;

(h) 15requiring 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) An order under subsection (1) may—

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

(b) 20apply 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 Equality Act 2010: claims against schools by disabled young people

In Part 2 of Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement
25in 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) to the English Tribunal by the person’s parent or, if the
person is over compulsory school age, the person;

(b) 30to 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
etc

(1) A local authority in England may arrange for any special educational provision
35that 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) An 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) 40Before doing so, the authority must consult the child’s parent or the young
person.

58 Special educational provision outside England and Wales

(1) This 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
5children or young people with special educational needs.

(2) The arrangements may (in particular) include contributing to or paying—

(a) fees 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
10while 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
there.

59 Fees for special educational provision at non-maintained schools and post-16
15institutions

(1) Subsection (2) applies where—

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

(b) special educational provision in respect of the child or young person is
made at a school, post-16 institution or place at which relevant early
20years 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
training provided for the child or young person at that school, institution or
place in accordance with the EHC plan.

(3) 25Subsection (4) applies where—

(a) a local authority is responsible for a child or young person for whom no
EHC plan is maintained,

(b) special educational provision in respect of the child or young person is
made at a school, post-16 institution or place at which relevant early
30years education is provided, and

(c) the local authority is satisfied that—

(i) the interests of the child or young person require special
educational provision to be made, and

(ii) it is appropriate for education or training to be provided to the
35child 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
educational provision made at the school, institution or place in question
which is required to meet the special educational needs of the child or young
40person.

(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
authority 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
45institution 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) the governing body of a maintained school or maintained nursery
school in England;

(b) 5the 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
whom the authority maintains an EHC plan,

but only for the purpose set out in subsection (2).

(2) 10The 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
educational needs);

(b) 15in 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) A local authority in England may supply goods and services to any authority
20or 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
education, in a case where the authority has decided that the special
25educational 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) A person authorised by the authority is entitled to have access at any
30reasonable 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
institution in Wales.

35Special 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) mainstream schools;

(b) 40maintained nursery schools;

(c) 16 to 19 Academies;

(d) alternative provision Academies;

(e) institutions within the further education sector;

(f) pupil 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
5that the special educational provision called for by the pupil’s or student’s
special 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) 10in 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
schools in England—

(a) 15mainstream 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
the provision for pupils with special educational needs.

(3) 20Regulations 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) confer other functions relating to SEN co-ordinators on appropriate
25authorities 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) in the case of an Academy, the proprietor.

64 30Informing 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,
an alternative provision Academy or a pupil referral unit, and

(b) 35no 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) The “appropriate authority” for a school is—

(a) 40in 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) in 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) 5the 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
10governing body’s or proprietor’s policy for pupils at the school with
special educational needs;

(b) information as to—

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

(ii) 15the steps taken to prevent disabled pupils from being treated
less favourably than other pupils;

(iii) the facilities provided to assist access to the school by disabled
pupils;

(iv) the plan prepared by the governing body or proprietor under
20paragraph 3 of Schedule 10 to the Equality Act 2010
(accessibility plan).

(4) In this section—

• “disabled person” means a person who is a disabled person for the
  purposes of the Equality Act 2010;

• 25“disabled pupil” includes a disabled person who may be admitted to a
  school as a pupil.

Detained persons

66 Application of Part to detained persons

(1) Subject to this section and sections 67 to 71, nothing in or made under this Part
30applies to, or in relation to, a child or young person detained in pursuance of—

(a) an order made by a court, or

(b) an order of recall made by the Secretary of State.

(2) Subsection (1) does not apply to—

(a) section 28;

(b) 35section 31;

(c) section 75;

(d) section 79;

(e) any amendment made by this Part of a provision which applies to, or
in relation to, a child or young person detained in pursuance of—

(i) 40an order made by a court, or

(ii) an order of recall made by the Secretary of State.

(3) Regulations may apply any provision of this Part, with or without
modifications, to or in relation to a child or young person detained in
pursuance of—

(a) an order made by a court, or

(b) an order of recall made by the Secretary of State.

(4) The Secretary of State must consult the Welsh Ministers before making
regulations under subsection (3) which will apply any provision of this Part to,
5or in relation to, a child or young person who is detained in Wales.

(5) For the purposes of this Part—

• “appropriate person”, in relation to a detained person, means—

  (a)

  where the detained person is a child, the detained person’s
  parent, or

  (b)

  10where the detained person is a young person, the detained
  person;

• “detained person” means a child or young person who is—

  (a)

  18 or under,

  (b)

  subject to a detention order (within the meaning of section
  15562(1A)(a) of EA 1996), and

  (c)

  detained in relevant youth accommodation,

  and in provisions applying on a person’s release, includes a person
  who, immediately before release, was a detained person;

• “detained person’s EHC needs assessment” means an assessment of what
  20the education, health care and social care needs of a detained person
  will be on his or her release from detention;

• “relevant youth accommodation” has the same meaning as in section
  562(1A)(b) of EA 1996, save that it does not include relevant youth
  accommodation which is not in England.

(6) 25For the purposes of this Part—

(a) “beginning of the detention” has the same meaning as in Chapter 5A of
Part 10 of EA 1996 (persons detained in youth accommodation), and

(b) “the home authority” has the same meaning as in that Chapter, subject
to regulations under subsection (7) (and regulations under section
30562J(4) of EA 1996 made by the Secretary of State may also make
provision in relation to the definition of “the home authority” for the
purposes of this Part).

(7) For the purposes of this Part, regulations may provide for paragraph (a) of the
definition of “the home authority” in section 562J(1) of EA 1996 (the home
35authority of a looked after child) to apply with modifications in relation to such
provisions of this Part as may be specified in the regulations.

67 Assessment of post-detention education, health and care needs of detained
persons

(1) This section applies in relation to a detained person for whom—

(a) 40the home authority is a local authority in England, and

(b) no EHC plan is being kept by a local authority.

(2) A request to the home authority to secure a detained person’s EHC needs
assessment for the detained person may be made by—

(a) the appropriate person, or

(b) 45the person in charge of the relevant youth accommodation where the
detained person is detained.