Section 40 Finalising EHC plans: no request for particular school or other institutionI1

(1)

This section applies where no request is made to a local authority before the end of the period specified in a notice under section 38(2)(b) to secure that a particular school or other institution is named in an EHC plan.

(2)

The local authority must secure that the plan—

(a)

names a school or other institution which the local authority thinks would be appropriate for the child or young person concerned, or

(b)

specifies the type of school or other institution which the local authority thinks would be appropriate for the child or young person.

(3)

Before securing that the plan names a school or other institution under subsection (2)(a), the local authority must consult—

(a)

the governing body, proprietor or principal of any school or other institution the authority is considering having named in the plan, and

(b)

if that school or other institution is maintained by another local authority, that authority.

(4)

The local authority must also secure that any changes it thinks necessary are made to the draft EHC plan.

(5)

The local authority must send a copy of the finalised EHC plan to—

C1(a)

the child's parent or the young person, and

(b)

the governing body, proprietor or principal of any school or other institution named in the plan.

Annotations

Modifications

C1: S. 40(5)(a) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2

Commencement

I1: S. 40 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

Notes on Part 3

Modifications

C1: Pt. 3 modified (1.4.2015) by The Special Educational Needs and Disability (Detained Persons) Regulations 2015 (S.I. 2015/62), regs. 1, 31(1), 32(1)