Children and Families Act 2014

Information and advice E+W

30 Local offer E+W

(1) A local authority in England must publish information about—

(a) the provision within subsection (2) it expects to be available in its area at the time of publication for children and young people who have special educational needs or a disability, and

(b) the provision within subsection (2) it expects to be available outside its area at that time for—

(i) children and young people for whom it is responsible, and

(ii) children and young people in its area who have a disability.

(2) The provision for children and young people referred to in subsection (1) is—

(a) education, health and care provision;

(b) other educational provision;

(c) other training provision;

(d) arrangements for travel to and from schools and post-16 institutions and places at which relevant early years education is provided;

(e) provision to assist in preparing children and young people for adulthood and independent living.

(3) For the purposes of subsection (2)(e), provision to assist in preparation for adulthood and independent living includes provision relating to—

(a) finding employment;

(b) obtaining accommodation;

(c) participation in society.

(4) Information required to be published by an authority under this section is to be known as its “local offer”.

(5) A local authority must keep its local offer under review and may from time to time revise it.

(6) A local authority must from time to time publish—

(a) comments about its local offer it has received from or on behalf of—

(i) children and young people with special educational needs, and the parents of children with special educational needs, and

(ii) children and young people who have a disability, and the parents of children who have a disability, and

(b) the authority's response to those comments (including details of any action the authority intends to take).

(7) Comments published under subsection (6)(a) must be published in a form that does not enable the person making them to be identified.

(8) Regulations may make provision about—

(a) the information to be included in an authority's local offer;

(b) how an authority's local offer is to be published;

(c) who is to be consulted by an authority in preparing and reviewing its local offer;

(d) how an authority is to involve—

(i) children and young people with special educational needs, and the parents of children with special educational needs, and

(ii) children and young people who have a disability, and the parents of children who have a disability,

in the preparation and review of its local offer;

(e) the publication of comments on the local offer, and the local authority's response, under subsection (6) (including circumstances in which comments are not required to be published).

(9) The regulations may in particular require an authority's local offer to include—

(a) information about how to obtain an EHC needs assessment;

(b) information about other sources of information, advice and support for—

(i) children and young people with special educational needs and those who care for them, and

(ii) children and young people who have a disability and those who care for them;

(c) information about gaining access to provision additional to, or different from, the provision mentioned in subsection (2);

(d) information about how to make a complaint about provision mentioned in subsection (2).

Commencement Information

I1 S. 30 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(a)

31 Co-operating in specific cases: local authority functions E+W

(1) This section applies where a local authority in England requests the co-operation of any of the following persons and bodies in the exercise of a function under this Part—

(a) another local authority;

(b) a youth offending team;

(c) the person in charge of any relevant youth accommodation;

(d) the National Health Service Commissioning Board;

(e) a clinical commissioning group;

(f) a Local Health Board;

(g) an NHS trust or NHS foundation trust.

(2) The person or body must comply with the request, unless the person or body considers that doing so would—

(a) be incompatible with the duties of the person or body, or

(b) otherwise have an adverse effect on the exercise of the functions of the person or body.

(3) A person or body that decides not to comply with a request under subsection (1) must give the authority that made the request written reasons for the decision.

(4) Regulations may provide that, where a person or body is under a duty to comply with a request to co-operate with a local authority in securing an EHC needs assessment, a detained person's EHC needs assessment or the preparation of an EHC plan, the person or body must comply with the request within a prescribed period, unless a prescribed exception applies.

Commencement Information

I2 S. 31 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(a)

Valid from 01/09/2014

32 Advice and information E+W

(1) A local authority in England must arrange for children and young people for whom it is responsible, and the parents of children for whom it is responsible, to be provided with advice and information about matters relating to the special educational needs of the children or young people concerned.

(2) A local authority in England must arrange for children and young people in its area with a disability, and the parents of children in its area with a disability, to be provided with advice and information about matters relating to the disabilities of the children or young people concerned.

(3) The authority must take such steps as it thinks appropriate for making the services provided under subsections (1) and (2) known to—

(a) the parents of children in its area;

(b) children in its area;

(c) young people in its area;

(d) the head teachers, proprietors and principals of schools and post-16 institutions in its area.

(4) The authority may also take such steps as it thinks appropriate for making the services provided under subsections (1) and (2) known to such other persons as it thinks appropriate.