# School Standards and Framework Act 1998, Section 123: Children with special educational needs.

Extent: E+W

(1) It shall be the duty of—
(a) any local authority in England or other person providing relevant early years education, and
(b) any person employed by such an authority or other person, or otherwise engaged to provide his services, in the provision of such education,
to have regard to the provisions of the code of practice issued under section 77 of the Children and Families Act 2014 (in the case of education in England) ....
(1A) Subsection (1) does not apply in so far as the person in question is already under a duty to have regard to the provisions of the code of practice in question.
(2) The code of practice in question may include practical guidance in respect of the provision of relevant early years education for children with special educational needs in circumstances where functions under Part 3 of the Children and Families Act 2014 ... do not fall to be discharged.
(3) But unless the code of practice in question includes provision made by virtue of subsection (2)—
(a) the Secretary of State shall publish a document explaining how the practical guidance contained in that code applies in circumstances where functions under Part 3 of the Children and Families Act 2014 ... 1996 do not fall to be discharged, and
(b) the duty imposed by subsection (1) includes a duty to have regard to the provisions of that document.
(3A) Subsection (3B) applies if—
(a) a local authority or other person providing relevant early years education for a child makes special educational provision for him because it is considered that he has special educational needs;
(b) no EHC plan ... 1996 is maintained for the child; and
(c) his parent has not previously been informed under subsection (3B) of the special educational provision made for him.
(3B) The local authority or other person concerned must inform the child’s parent that special educational provision is being made for him because it is considered that he has special educational needs.
(4) In this section “relevant early years education” means—
(a) in relation to England, early years provision as defined by section 20 of the Childcare Act 2006 which is—
(i) provided under arrangements made by a local authority in England in pursuance of the duty imposed by section 7 of that Act (whether or not the local authority provides the early years provision); or
(ii) provided under arrangements made by a local authority in pursuance of any duty imposed under section 2 of the Childcare Act 2016 (whether or not the local authority provides the early years provision);
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/ukpga/1998/31/section/123 (the official version)
Page: https://openlegislation.uk/school-standards-and-framework-act-1998/section-123
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.