The Special Educational Needs and Disability Regulations 2014
S.I. 2014/1530 · Made 4 June 2014 · Extends to England and Wales
Education
Made 4th June 2014
Laid before Parliament 11th June 2014
Coming into force 1st September 2014
The Secretary of State makes the following Regulations, in exercise of the powers conferred by sections 30(8) and(9), 34(6), 36(11), 37(4), 41(5), 44(7), 45(5), 46(2), 47(1) and (2), 51(4), 56(1), 67(3), 69(3)(a), and 80(1) of the Children and Families Act 2014 M1:C1C2
Annotations to the whole text
Marginal citations
- M1
Modifications
- C1
Regulations applied (1.9.2014) by The Children and Families Act 2014 (Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/2270), arts. 1(2), 20(1)
- C2
Regulations applied (with modifications) (1.9.2014) by The Children and Families Act 2014 (Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/2270), arts. 1(2), 23(6)(b)
Contents
- Part 1: Introduction
- 1Citation and commencement
- 2Interpretation
- 2ARelaxation of time periods due to coronavirus exception Repealed
- Part 2: Children and young people with special educational needs
- Assessments
- 3Consideration of request
- 4Determination whether or not special educational provision may be necessary
- 5Decision whether or not to conduct an EHC needs assessment
- 6Information and advice to be obtained of EHC Needs Assessments
- 7Matters to be taken into account in securing an EHC needs assessment
- 8Duty to co-operate in EHC needs assessments
- 9Provision of advice, information and support to parents and young people
- 10Decision not to secure an EHC plan
- EHC Plans
- 11Preparation of EHC plans
- 12Form of EHC plan
- 13Timescales for EHC plans
- 14Sending the finalised EHC plan
- 15Transfer of EHC plans
- 16Change of responsible commissioning body
- 17Restriction on disclosure of EHC plans
- Reviews and re-assessments
- 18Circumstances in which a local authority must review an EHC plan
- 18ACircumstances in which it is not necessary to review an EHC plan Repealed
- 19Conduct of reviews
- 20Review where the child or young person attends a school or other institution
- 21Review of EHC plan where the child or young person does not attend a school or other institution
- 22Amending an EHC plan following a review
- 23Other circumstances in which a local authority must secure a re-assessment
- 24Circumstances in which it is not necessary to re-assess educational, health care and social care provision
- 25Notification of decision whether it is necessary to re-assess educational, health care and social care provision
- 26Securing a re-assessment of educational, health care and social care provision
- 27Amending or replacing an EHC plan following a re-assessment
- 28Amending an EHC plan without a review or reassessment
- Ceasing to maintain an EHC plan
- 29Circumstances in which a local authority may not cease to maintain an EHC plan where the person is under the age of 18
- 30Circumstances in which a local authority may not cease to maintain an EHC plan where the person is aged 18 or over
- 31Procedure for determining whether to cease to maintain EHC plan
- Mediation
- 32Information to be included in notices sent by a local authority
- 33Requirement to consider mediation
- 34Where a parent or young person does not wish to or fails to pursue mediation
- 35Mediation – health care issues
- 36Mediation – no health care issues
- 37Arrangements for mediation
- 38Attendance at the mediation
- 39Mediation certificate under section 55(5)
- 40Training, qualifications and experience of mediators
- 41Expenses
- 42Steps to be taken by a local authority
- Appeals
- 43Powers of the First-tier Tribunal
- 44Compliance with the orders of the First-tier Tribunal
- 45Unopposed appeals
- Miscellaneous provisions
- 46Academic year
- 47Disclosure of EHC plans in relation to higher education
- 48Remaining in a special school or special post-16 institution without an EHC plan
- Part 3: Duties on schools
- Special Educational Needs Co-ordinators
- 49Prescribed qualifications and experience of SENCOs
- 50Appropriate authority functions and duties relating to the SENCO
- SEN information report
- 51Prescribed information that must be included in SEN information report
- 52Manner of publication of report
- Part 4: Local Offer
- 53Information to be included in the local offer
- 54Consultation
- 55Involvement of children, their parents and young people in preparation and review of local offer.
- 56Publication of comments on the local offer
- 57Manner of publication
- Part 5: Approval of independent special schools and special post-16 institutions
- 58Types of special post-16 institution that may be approved
- 59Matters to be taken into account in deciding to give approval
- 60Matters to be taken into account in deciding to withdraw approval
- 61Procedure when the Secretary of State decides to withdraw approval
- 62Publication of list of approved institutions
- Part 6: Parents and young people lacking capacity
- 63Where a child's parent lacks capacity
- 64Where a young person lacks capacity
- 65Mental Capacity Act 2005
- Signature
- Schedule A1: Providers of the National Professional Qualification for Special Educational Needs Co-ordinators
- 1Paragraph 1
- Schedule 1: Information to be included in the SEN information report
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Schedule 2: Information to be published by a local authority in its local offer
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- Schedule 3
- Part 1: References to a young person in the Act that are to be read as references to both a young person and an alternative person
- Paragraph
- Part 2: References to a young person in the Act that are to be read as references to an alternative person
- Paragraph
- Part 3: References to a young person in the Act that are to be read as references to both a young person and an alternative person
- Paragraph
- Part 4: References to a young person in the Act that are to be read as references to an alternative person
- Paragraph
- Explanatory note