OpenLegislation

Section 52 Right to mediationI1I2

(1)

This section applies where—

(a)

a decision against which an appeal may be brought under section 51 is made in respect of a child or young person, or

(b)

an EHC plan for a child or young person is made, amended or replaced.

C1(2)

Before the end of the prescribed period after the decision is made, or the plan is made, amended or replaced, the local authority must notify the child's parent or the young person of—

(a)

the right to mediation under section 53 or 54, and

(b)

the requirement to obtain a certificate under section 55 before making certain appeals.

(3)

If the parent or young person wishes to pursue mediation under section 53 or 54, he or she must inform the local authority of—

(a)

that fact, and

(b)

the issues in respect of which he or she wishes to pursue mediation (“the mediation issues”).

(4)

If the mediation issues are, or include, the fact that no health care provision, or no health care provision of a particular kind, is specified in the plan, the parent or young person must also inform the local authority of the health care provision which he or she wishes to be specified in the plan.

Annotations

Modifications

C1

S. 52(2)(3)(4) 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. 52 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(g)

I2

S. 52 in force at 1.9.2014 in so far as not already in force 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)