PART 3 E+WChildren and young people in England with special educational needs or disabilities

Modifications etc. (not altering text)

Education, health and care plansE+W

38Preparation of EHC plans: draft planE+W

(1)Where a local authority is required to secure that an EHC plan is prepared for a child or young person, it must consult the child's parent or the young person about the content of the plan during the preparation of a draft of the plan.

(2)The local authority must then—

(a)send the draft plan to the child's parent or the young person, and

(b)give the parent or young person notice of his or her right to—

(i)make representations about the content of the draft plan, and

(ii)request the authority to secure that a particular school or other institution within subsection (3) is named in the plan.

(3)A school or other institution is within this subsection if it is—

(a)a maintained school;

(b)a maintained nursery school;

(c)an Academy;

(d)an institution within the further education sector in England;

(e)a non-maintained special school;

(f)an institution approved by the Secretary of State under section 41 (independent special schools and special post-16 institutions: approval).

(4)A notice under subsection (2)(b) must specify a period before the end of which any representations or requests must be made.

(5)The draft EHC plan sent to the child's parent or the young person must not—

(a)name a school or other institution, or

(b)specify a type of school or other institution.

Modifications etc. (not altering text)

Commencement Information

I1S. 38 in force at 1.9.2014 by 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 and (1.9.2015) by S.I. 2015/1619)