The Special Educational Needs and Disability Regulations 2014

1. Introductory Text

2. PART 1 Introduction

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 2A. Relaxation of time periods due to coronavirus exception

3. PART 2 Children and young people with special educational needs

   1. Assessments

      1. 3. Consideration of request

      2. 4. Determination whether or not special educational provision may be necessary

      3. 5. Decision whether or not to conduct an EHC needs assessment

      4. 6. Information and advice to be obtained of EHC Needs Assessments

      5. 7. Matters to be taken into account in securing an EHC needs assessment

      6. 8. Duty to co-operate in EHC needs assessments

      7. 9. Provision of advice, information and support to parents and young people

      8. 10. Decision not to secure an EHC plan

   2. EHC Plans

      1. 11. Preparation of EHC plans

      2. 12. Form of EHC plan

      3. 13. Timescales for EHC plans

      4. 14. Sending the finalised EHC plan

      5. 15. Transfer of EHC plans

      6. 16. Change of responsible commissioning body

      7. 17. Restriction on disclosure of EHC plans

   3. Reviews and re-assessments

      1. 18. Circumstances in which a local authority must review an EHC plan

      2. 18A. Circumstances in which it is not necessary to review an EHC plan

      3. 19. Conduct of reviews

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

      5. 21. Review of EHC plan where the child or young person does not attend a school or other institution

      6. 22. Amending an EHC plan following a review

      7. 23. Other circumstances in which a local authority must secure a re-assessment

      8. 24. Circumstances in which it is not necessary to re-assess educational, health care and social care provision

      9. 25. Notification of decision whether it is necessary to re-assess educational, health care and social care provision

      10. 26. Securing a re-assessment of educational, health care and social care provision

      11. 27. Amending or replacing an EHC plan following a re-assessment

      12. 28. Amending an EHC plan without a review or reassessment

   4. Ceasing to maintain an EHC plan

      1. 29. Circumstances in which a local authority may not cease to maintain an EHC plan where the person is under the age of 18

      2. 30. Circumstances in which a local authority may not cease to maintain an EHC plan where the person is aged 18 or over

      3. 31. Procedure for determining whether to cease to maintain EHC plan

   5. Mediation

      1. 32. Information to be included in notices sent by a local authority

      2. 33. Requirement to consider mediation

      3. 34. Where a parent or young person does not wish to or fails to pursue mediation

      4. 35. Mediation – health care issues

      5. 36. Mediation – no health care issues

      6. 37. Arrangements for mediation

      7. 38. Attendance at the mediation

      8. 39. Mediation certificate under section 55(5)

      9. 40. Training, qualifications and experience of mediators

      10. 41. Expenses

      11. 42. Steps to be taken by a local authority

   6. Appeals

      1. 43. Powers of the First-tier Tribunal

      2. 44. Compliance with the orders of the First-tier Tribunal

      3. 45. Unopposed appeals

   7. Miscellaneous provisions

      1. 46. Academic year

      2. 47. Disclosure of EHC plans in relation to higher education

      3. 48. Remaining in a special school or special post-16 institution without an EHC plan

4. PART 3 Duties on schools

   1. Special Educational Needs Co-ordinators

      1. 49. Prescribed qualifications and experience of SENCOs

      2. 50. Appropriate authority functions and duties relating to the SENCO

   2. SEN information report

      1. 51. Prescribed information that must be included in SEN information report

      2. 52. Manner of publication of report

5. PART 4 Local Offer

   1. 53. Information to be included in the local offer

   2. 54. Consultation

   3. 55. Involvement of children, their parents and young people in preparation and review of local offer.

   4. 56. Publication of comments on the local offer

   5. 57. Manner of publication

6. PART 5 Approval of independent special schools and special post-16 institutions

   1. 58. Types of special post-16 institution that may be approved

   2. 59. Matters to be taken into account in deciding to give approval

   3. 60. Matters to be taken into account in deciding to withdraw approval

   4. 61. Procedure when the Secretary of State decides to withdraw approval

   5. 62. Publication of list of approved institutions

7. PART 6 Parents and young people lacking capacity

   1. 63. Where a child's parent lacks capacity

   2. 64. Where a young person lacks capacity

   3. 65. Mental Capacity Act 2005

8. Signature

9. 1. SCHEDULE A1

      Providers of the National Professional Qualification for Special Educational Needs Co-ordinators

      1. 1. The providers of the National Professional Qualification for Special Educational...

   2. SCHEDULE 1

      Information to be included in the SEN information report

      1. 1. The kinds of special educational needs for which provision is...

      2. 2. Information, in relation to mainstream schools and maintained nursery schools,...

      3. 3. Information about the school's policies for making provision for pupils...

      4. 4. In relation to mainstream schools and maintained nursery schools, the...

      5. 5. Information about the expertise and training of staff in relation...

      6. 6. Information about how equipment and facilities to support children and...

      7. 7. The arrangements for consulting parents of children with special educational...

      8. 8. The arrangements for consulting young people with special educational needs...

      9. 9. Any arrangements made by the governing body or the proprietor...

      10. 10. How the governing body involves other bodies, including health and...

      11. 11. The contact details of support services for the parents of...

      12. 12. The school's arrangements for supporting pupils with special educational needs...

      13. 13. Information on where the local authority's local offer is published....

   3. SCHEDULE 2

      Information to be published by a local authority in its local offer

      1. 1. The special educational provision and training provision which the local...

      2. 2. The special educational provision and training provision the local authority...

      3. 3. The information in paragraphs 1 and 2 must include information...

      4. 4. The arrangements the persons specified in paragraphs 1 and 2...

      5. 5. Information, in relation to the persons specified in paragraphs 1...

      6. 6. Where further information about the bodies specified in paragraphs 1...

      7. 7. Where the strategy prepared by the local authority under paragraph...

      8. 8. Special educational provision and training provision the local authority expects...

      9. 9. Special educational provision and training provision the local authority expects...

      10. 10. Provision available in the local authority's area to assist children...

      11. 11. Information about support available to young people with special educational...

      12. 12. Health care provision for children and young people with special...

      13. 13. Social care provision for children and young people with special...

      14. 14. Transport arrangements for children and young people with special educational...

      15. 15. Sources of information, advice and support in the local authority's...

      16. 16. The procedure for making a complaint about provision mentioned in...

      17. 17. The procedure for making a complaint about any provision or...

      18. 18. Information about any criteria that must be satisfied before any...

      19. 19. Information about how to request an EHC needs assessment, and...

      20. 20. Information on where the list of institutions approved under section...

      21. 21. Arrangements for notifying parents and young people of their right...

      22. 22. Arrangements for mediation made in accordance with section 53 or...

      23. 23. Arrangements for the resolution of disagreements made in accordance with...

   4. SCHEDULE 3

      1. 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

         1. The provisions referred to in regulation 64(1)(a) are— section 19(a),...

      2. PART 2 References to a young person in the Act that are to be read as references to an alternative person

         1. The provisions referred to in regulation 64(1)(b) are— section 33(2)(a);...

      3. 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

         1. The provisions referred to in regulation 64(1)(c) are— regulation 5(4)(c)...

      4. PART 4 References to a young person in the Act that are to be read as references to an alternative person

         1. The provisions referred to in regulation 64(1)(d) are— regulation 3...

10. Explanatory Note