Part IVE+W Special educational needs

Modifications etc. (not altering text)

C1Pt. 4 power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26(3); S.I. 2012/320, art. 2(g)

Chapter IE+W Children [F1in wales] with special educational needs

Textual Amendments

F1Words in Pt. 4 Ch. 1 title inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 9; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505))

Modifications etc. (not altering text)

C2Pt. 4 Ch. 1 excluded (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 81, 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Identification and assessment of children with special educational needsE+W

322[F2Duty of certain bodies to help local authority.]E+W

(1)Where it appears to a [F3local authority] that [F4another local authority, [F5the National Health Service Commissioning Board, a clinical commissioning group or] a Local Health Board F6...] could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of [F7that body] , specifying the action in question.

(2)[F8A body] whose help is so requested shall comply with the request unless—

(a)they consider that the help requested is not necessary for the purpose of the exercise [F9of those functions by the local authority that made the request] , or

(b)subsection (3) applies.

(3)This subsection applies—

(a)in [F10a case where the request is made] of [F11the National Health Service Commissioning Board, a clinical commissioning group or] a [F12Local Health Board] F13..., if [F14that body] consider that, having regard to the resources available to them for the purpose of the exercise of their functions under the M1 [F15National Health Service Act 2006 or the National Health Service (Wales) Act 2006] , it is not reasonable for them to comply with the request, or

(b)in [F10a case where the request is made] of a local authority, if that authority consider that the request is not compatible with their own statutory or other duties and obligations or unduly prejudices the discharge of any of their functions.

(4)Regulations may provide that, where [F16a local authority, the National Health Service Commissioning Board, a clinical commissioning group or a Local Health Board] F17... are under a duty by virtue of subsection (2) to comply with a request to help a [F3local authority] in the making of an assessment under section 323 or a statement under section 324 of this Act, they must, subject to prescribed exceptions, comply with the request within the prescribed period.

F18(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2S. 322 title substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(6)(a)

F3Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F4Words in s. 322(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(6)(b)

F5Words in s. 322(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(2)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6Words in s. 322(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7Words in s. 322(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(2)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8Words in s. 322(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F9Words in s. 322(2)(a) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(6)(c)

F10Words in s. 322(3) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(6)(d)

F11Words in s. 322(3)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(4)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)