The Special Educational Needs and Disability Regulations 2014

Review of EHC plan where the child or young person does not attend a school or other institution E+W

21.—(1) This regulation applies where a local authority carry out a review of an EHC plan and the child or young person concerned does not attend a school or other institution.

(2) The local authority must invite the following persons to a meeting as part of the review of an EHC plan—

(a) the child's parent or the young person;

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

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

(d) 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;

(e) any other person whose attendance the local authority considers appropriate.

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

(4) The local authority 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 meeting must consider the child or young person's progress towards achieving the outcomes specified in the EHC plan.

(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) The local authority must prepare a report on the child or young person within two weeks of the review meeting setting out its recommendations on any amendments required to be made to the EHC plan, and should refer to any difference between those recommendations and recommendations of others attending the meeting.

(8) 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).

(9) The local authority must 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 within four weeks of the review meeting.

(10) 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—

[F1 (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) advice and information about matters relating to the special educational needs of children and young people [F2 ; 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.]

Textual Amendments

F1 Reg. 21(10)(a) substituted (23.3.2015) by The Special Educational Needs and Disability (Amendment) Regulations 2015 (S.I. 2015/359), regs. 1, 5

F2 Reg. 21(10)(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)

Modifications etc. (not altering text)

C1 Reg. 21(10) 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