- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Special Educational Needs and Disability Regulations 2014, Section 4.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
4.—(1) Where a local authority determines that it is not necessary for special educational provision to be made in accordance with an EHC plan it must notify the child's parent or the young person in accordance with section 36(5) of the Act as soon as practicable, but in any event within 6 weeks of—
(a)receiving a request for an EHC needs assessment under section 36(1) of the Act, or
(b)becoming responsible for the child or young person in accordance with section 24 of the Act.
(2) Where the local authority is considering securing an EHC needs assessment it must also notify—
(a)the responsible commissioning body;
(b)the officers of the local authority who exercise the local authority's social services functions for children or young people with special educational needs;
(c)in relation to a child—
(i)if the child is a registered pupil M1 at a school, the head teacher of that school (or the person holding the equivalent position), or
(ii)if the child receives education from a provider of relevant early years education, the person identified as having responsibility for special educational needs (if any) in relation to that provider; and
(d)in relation to a young person—
(i)if the young person is a registered pupil at a school, the head teacher of that school (or the person holding the equivalent position), or
(ii)if the young person is a student at a post-16 institution, to the principal of that institution (or the person holding the equivalent position).
[F1(3) The local authority need not comply with the time limit referred to in paragraph (1) if it is impractical to do so because of a reason relating to the incidence or transmission of coronavirus.]
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: