Regulation 20 Review where the child or young person attends a school or other institution

England and Wales

F1(ZA)

This regulation applies where a local authority carry out a review of an EHC plan and the child or young person concerned attends a school or other institution.

(1)

As part of a review of a child or young person's EHC plan, the local authority must ensure that a meeting to review that EHC plan is held and in the case of a child or young person attending a school referred to in paragraph (12), can require the head teacher or principal of the school to arrange and hold that meeting.

(2)

The following persons must be invited to attend the review meeting—

(a)

the child's parent or the young person;

(b)

the provider of the relevant early years education or the head teacher or principal of the school, post-16 or other institution attended by the child or young person;

(c)

an officer of the authority who exercises the local authority's education functions in relation to children and young people with special educational needs;

(d)

a health care professional identified by the responsible commissioning body to provide advice about health care provision in relation to the child or young person;

(e)

an officer of the authority who exercises the local authority's social services functions in relation to children and young people with special educational needs.

(3)

At least two weeks' notice of the date of the meeting must be given.

(4)

The person arranging the review meeting must obtain advice and information about the child or young person from the persons referred to in paragraph (2) and must circulate it to those persons at least two weeks in advance of the review meeting.

(5)

The child or young person's progress towards achieving the outcomes specified in the EHC plan must be considered at the meeting.

(6)

When the child or young person is in or beyond year 9, the review meeting must consider what provision is required to assist the child or young person in preparation for adulthood and independent living.

(7)

Where the child or young person attends a school referred to in paragraph (12), the local authority must ask the head teacher or principal of the school to prepare a written report on the child or young person, setting out that person's recommendations on any amendments to be made to the EHC plan, and referring to any difference between those recommendations and recommendations of others attending the meeting.

(8)

Where the child or young person does not attend a school referred to in paragraph (12), the local authority must prepare a written report on the child or young person, setting out its recommendations on any amendments to be made to the EHC plan, and referring to any difference between those recommendations and recommendations of others attending the meeting.

(9)

The written report must include advice and information about the child or young person obtained in accordance with paragraph (4) and must be prepared within two weeks of the review meeting, and sent to everyone referred to in paragraph (2).

(10)

The local authority must then decide whether it proposes to—

(a)

continue to maintain the EHC plan in its current form;

(b)

amend it; or

(c)

cease to maintain it,

and must notify the child's parent or the young person and the person referred to in paragraph (2)(b) within four weeks of the review meeting.

C1(11)

If the local authority proposes to continue or to cease to maintain the child or young person's EHC plan, it must also notify the child's parent or the young person of—

F2(a)

their right to appeal in accordance with section 51(2)(e) or (f) of the Act;

(b)

the time limits for doing so;

(c)

the information concerning mediation, set out in regulation 32; and

(d)

the availability of—

(i)

disagreement resolution services; and

(ii)

information and advice about matters relating to the special educational needs of children and young people F3; and

(e)

the First-tier Tribunal's power to make recommendations under the Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017.

(12)

Schools referred to in this paragraph are—

(a)

maintained schools;

(b)

maintained nursery schools;

(c)

Academy schools;

(d)

alternative provision Academies M1;

(e)

pupil referral units M2;

(f)

non-maintained special schools M3;

(g)

independent educational institutions approved under section 41 of the Act.

Annotations

Textual amendments

F1: Reg. 20(ZA) inserted (1.9.2014) by The Special Educational Needs (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/2096), regs. 1, 3(2)
F2: Reg. 20(11)(a) substituted (23.3.2015) by The Special Educational Needs and Disability (Amendment) Regulations 2015 (S.I. 2015/359), regs. 1, 4
F3: Reg. 20(11)(e) and word inserted (3.4.2018) by The Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017 (S.I. 2017/1306), regs. 1, 8(2)

Marginal citations

M1: Alternative provision Academies has the meaning given in section 1C of the Academies Act 2010 . Section 1C was inserted by section 53(7) of the 2011 Act
M2: Pupil Referral Units has the same meaning given in section 19 of the 1996 Act
M3: Non-maintained special school has the same meaning given in section 342 of the 1996 Act

Modifications

C1: Reg. 20(11) applied (with modifications) (1.4.2015) by The Special Educational Needs and Disability (First-tier Tribunal Recommendation Power) (Pilot) Regulations 2015 (S.I. 2015/358), regs. 1, 7