Explanatory note

These Regulations amend the Special Educational Needs and Disability Regulations 2014 (“the 2014 Regulations”).

Regulation 3 amends regulation 17(1) of the 2014 Regulations to make it clear that the restriction on the disclosure of Education, Health and Care (EHC) plans applies to local authorities.

Regulations 4and 5 amend regulations 20 and 21 of the 2014 Regulations to provide that when a local authority decides to cease to maintain an EHC plan following a review, the child’s parent or the young person must be notified of their right to appeal the decision under section 51(2)(f) of the Children and Families Act 2014.

Regulation 6 amends regulation 43 of the 2014 Regulations and the powers available to the First-tier Tribunal when it is determining appeals brought under sections 51(2)(e) and (f) of the Children and Families Act 2014.

Regulation 7 amends regulation 44 of the 2014 Regulations to provide that when an EHC plan is finalised following compliance with an order of the First-tier Tribunal, the finalised plan must be sent to the child’s parent or the young person in accordance with the requirements set out in regulation 14(2) of the 2014 Regulations and a copy of the EHC plan must also be sent to those listed in regulation 13(2) of the 2014 Regulations.

Regulation 8 amends regulation 45 of the 2014 Regulations so that the time limits and the exceptions in place for unopposed appeals are the same as those for complying with an order of the First-tier Tribunal under regulation 44.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum is available alongside the instrument on www.legislation.gov.uk.