Children and Young People (Scotland) Act 2014

49 Looked after 2 year olds: alternative arrangements to meet wellbeing needs S

(1) Subsection (2) applies where—

(a) an authority's duty under section 47(1) applies in relation to a child only by virtue of the child falling within section [F1 47(3)(a)(i)],

(b) the authority, after assessing the child's needs, considers that making alternative arrangements in relation to the child's education and care would better safeguard or promote the child's wellbeing.

(2) Where this subsection applies, the authority—

(a) need not comply with its duty under section 47(1) in relation to the child, but

(b) must make such alternative arrangements in relation to the child's education and care as it considers appropriate for the purposes of safeguarding or promoting the child's wellbeing.

(3) Subsection (2) does not apply in relation to a child who is not being looked after by the authority if a parent of the child objects to the authority making alternative arrangements.

(4) The authority may, at any time, review any alternative arrangements it makes in relation to a child in pursuance of subsection (2)(b) (and must do so on becoming aware of any significant change in the child's circumstances) and may, following such a review, alter those arrangements.

(5) The authority must seek to ensure that a record of—

(a) the outcome of any assessment of a child's needs that it undertakes in pursuance of subsection (1)(b), and

(b) any alternative arrangements that it makes in relation to the child's education and care in pursuance of subsection (2)(b),

is included in any child's plan which is prepared for the child under Part 5.

Textual Amendments

F1 Words in s. 49(1)(a) substituted (1.8.2016) by Education (Scotland) Act 2016 (asp 8), ss. 29(3), 33(2); S.S.I. 2016/192, reg. 2, sch.

Commencement Information

I1 S. 49 in force at 1.8.2014 by S.S.I. 2014/131, art. 2(2)(3), Sch. (with art. 3)