The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020

Amendment of the Special Educational Needs and Disability Regulations 2014

5.  After regulation 2 (interpretation) insert—

“Relaxation of time periods due to coronavirus exception

2A.— (1) Where the coronavirus exception applies, any requirement in any of the regulations specified in paragraph (3) for action to be taken within a specified period of time or by a certain day is to be read instead as a requirement for such action to be taken as soon as reasonably practicable.

(2) The coronavirus exception applies where it is not reasonably practicable for a person to meet a requirement referred to in paragraph (1) for a reason relating to the incidence or transmission of coronavirus.

(3) The following regulations are specified for the purposes of paragraphs (1) and (2)—

(a) regulation 15(2) (transfer of EHC plans) (in relation to the second reference to 15 working days), (4), (5), (7) (in relation to the second reference to 15 working days) and (8);

(b) regulation 16(2) and (3) (change of responsible commissioning body);

(c) regulation 20(9) and (10) (review where the child or young person attends a school or other institution);

(d) regulation 21(7), (8) and (9) (review of EHC plan where the child or young person does not attend a school or other institution);

(e) regulation 25(1) (notification of decision whether it is necessary to re-assess educational, health care and social care provision);

(f) regulation 27(4) (amending or replacing an EHC plan following a re-assessment);

(g) regulation 33 (requirement to consider mediation);

(h) regulation 34(1) and (2) (where a parent or young person does not wish to or fails to pursue mediation);

(i) regulation 35(2), (3) and (4) (mediation – health care issues);

(j) regulation 36(2) (mediation - no health care issues);

(k) regulation 39(1) and (3) (mediation certificate under section 55(5));

(l) regulation 42(3) and (4) (steps to be taken by a local authority);

(m) regulation 44(2)(d), (e), (f) and (h) (compliance with the orders of the First-tier Tribunal);

(n) regulation 45(4), (5) and (6A) (unopposed appeals);

(o) regulation 47 (disclosure of EHC plans in relation to higher education); and

(p) regulation 56(3) (publication of comments on the local offer).”.