Regulation 3 Insertion of regulation 4AI1

After regulation 4 (time limit for preparation of the plan) insert—

“Time limit for response to request to establish whether a child or young person requires a plan

4A.

(1)

Subject to paragraphs (2) and (3), where an education authority receives a request referred to in section 6(2)(b) of that Act, that authority must within a period of 8 weeks starting on the date of receipt by it of the request—

(a)

inform, under section 11(2)(a), the person who made the request, of its proposal; or

(b)

inform under section 28(2), that person of its decision not to comply with the request.

(2)

Where the circumstances provided for in sub-paragraph (1)(a) of regulation 7 apply, an education authority must on becoming aware that the period of 8 weeks cannot be complied with—

(a)

establish a date by which it must inform the person who made the request of its decision whether or not to comply with the request; and

(b)

inform that person of that date.

(3)

The date established under paragraph (2) above must not exceed the period of 8 weeks by longer than is reasonably necessary in the circumstances and in any event must not be more than 16 weeks from the date of receipt of the request.”.