OpenLegislation

The Special Educational Needs and Disability Regulations 2014

S.I. 2014/1530 · Made 4 June 2014 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 September 2024.

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

2014 c.6

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

  1. Part 1: Introduction
  2. 1Citation and commencement
  3. 2Interpretation
  4. 2ARelaxation of time periods due to coronavirus exception Repealed
  5. Part 2: Children and young people with special educational needs
  6. Assessments
  7. 3Consideration of request
  8. 4Determination whether or not special educational provision may be necessary
  9. 5Decision whether or not to conduct an EHC needs assessment
  10. 6Information and advice to be obtained of EHC Needs Assessments
  11. 7Matters to be taken into account in securing an EHC needs assessment
  12. 8Duty to co-operate in EHC needs assessments
  13. 9Provision of advice, information and support to parents and young people
  14. 10Decision not to secure an EHC plan
  15. EHC Plans
  16. 11Preparation of EHC plans
  17. 12Form of EHC plan
  18. 13Timescales for EHC plans
  19. 14Sending the finalised EHC plan
  20. 15Transfer of EHC plans
  21. 16Change of responsible commissioning body
  22. 17Restriction on disclosure of EHC plans
  23. Reviews and re-assessments
  24. 18Circumstances in which a local authority must review an EHC plan
  25. 18ACircumstances in which it is not necessary to review an EHC plan Repealed
  26. 19Conduct of reviews
  27. 20Review where the child or young person attends a school or other institution
  28. 21Review of EHC plan where the child or young person does not attend a school or other institution
  29. 22Amending an EHC plan following a review
  30. 23Other circumstances in which a local authority must secure a re-assessment
  31. 24Circumstances in which it is not necessary to re-assess educational, health care and social care provision
  32. 25Notification of decision whether it is necessary to re-assess educational, health care and social care provision
  33. 26Securing a re-assessment of educational, health care and social care provision
  34. 27Amending or replacing an EHC plan following a re-assessment
  35. 28Amending an EHC plan without a review or reassessment
  36. Ceasing to maintain an EHC plan
  37. 29Circumstances in which a local authority may not cease to maintain an EHC plan where the person is under the age of 18
  38. 30Circumstances in which a local authority may not cease to maintain an EHC plan where the person is aged 18 or over
  39. 31Procedure for determining whether to cease to maintain EHC plan
  40. Mediation
  41. 32Information to be included in notices sent by a local authority
  42. 33Requirement to consider mediation
  43. 34Where a parent or young person does not wish to or fails to pursue mediation
  44. 35Mediation – health care issues
  45. 36Mediation – no health care issues
  46. 37Arrangements for mediation
  47. 38Attendance at the mediation
  48. 39Mediation certificate under section 55(5)
  49. 40Training, qualifications and experience of mediators
  50. 41Expenses
  51. 42Steps to be taken by a local authority
  52. Appeals
  53. 43Powers of the First-tier Tribunal
  54. 44Compliance with the orders of the First-tier Tribunal
  55. 45Unopposed appeals
  56. Miscellaneous provisions
  57. 46Academic year
  58. 47Disclosure of EHC plans in relation to higher education
  59. 48Remaining in a special school or special post-16 institution without an EHC plan
  60. Part 3: Duties on schools
  61. Special Educational Needs Co-ordinators
  62. 49Prescribed qualifications and experience of SENCOs
  63. 50Appropriate authority functions and duties relating to the SENCO
  64. SEN information report
  65. 51Prescribed information that must be included in SEN information report
  66. 52Manner of publication of report
  67. Part 4: Local Offer
  68. 53Information to be included in the local offer
  69. 54Consultation
  70. 55Involvement of children, their parents and young people in preparation and review of local offer.
  71. 56Publication of comments on the local offer
  72. 57Manner of publication
  73. Part 5: Approval of independent special schools and special post-16 institutions
  74. 58Types of special post-16 institution that may be approved
  75. 59Matters to be taken into account in deciding to give approval
  76. 60Matters to be taken into account in deciding to withdraw approval
  77. 61Procedure when the Secretary of State decides to withdraw approval
  78. 62Publication of list of approved institutions
  79. Part 6: Parents and young people lacking capacity
  80. 63Where a child's parent lacks capacity
  81. 64Where a young person lacks capacity
  82. 65Mental Capacity Act 2005
  83. Signature
  84. Schedule A1: Providers of the National Professional Qualification for Special Educational Needs Co-ordinators
  85. 1Paragraph 1
  86. Schedule 1: Information to be included in the SEN information report
  87. 1Paragraph 1
  88. 2Paragraph 2
  89. 3Paragraph 3
  90. 4Paragraph 4
  91. 5Paragraph 5
  92. 6Paragraph 6
  93. 7Paragraph 7
  94. 8Paragraph 8
  95. 9Paragraph 9
  96. 10Paragraph 10
  97. 11Paragraph 11
  98. 12Paragraph 12
  99. 13Paragraph 13
  100. Schedule 2: Information to be published by a local authority in its local offer
  101. 1Paragraph 1
  102. 2Paragraph 2
  103. 3Paragraph 3
  104. 4Paragraph 4
  105. 5Paragraph 5
  106. 6Paragraph 6
  107. 7Paragraph 7
  108. 8Paragraph 8
  109. 9Paragraph 9
  110. 10Paragraph 10
  111. 11Paragraph 11
  112. 12Paragraph 12
  113. 13Paragraph 13
  114. 14Paragraph 14
  115. 15Paragraph 15
  116. 16Paragraph 16
  117. 17Paragraph 17
  118. 18Paragraph 18
  119. 19Paragraph 19
  120. 20Paragraph 20
  121. 21Paragraph 21
  122. 22Paragraph 22
  123. 23Paragraph 23
  124. Schedule 3
  125. 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
  126. Paragraph
  127. Part 2: References to a young person in the Act that are to be read as references to an alternative person
  128. Paragraph
  129. 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
  130. Paragraph
  131. Part 4: References to a young person in the Act that are to be read as references to an alternative person
  132. Paragraph
  133. Explanatory note