PART 2Children and young people with special educational needs

Miscellaneous provisions

Remaining in a special school or special post-16 institution without an EHC plan48.

(1)

Where a child or young person has been admitted to a special school or special post-16 institution for the purposes of an EHC needs assessment, he or she may remain at that school or post-16 institution—

(a)

for a period of ten school or institution days after the local authority serves a notice under section 36(9) of the Act informing the child’s parent or the young person that it does not propose to make an EHC plan; or

(b)

until an EHC plan is finalised.

(2)

In this regulation “school or institution day” means a day on which the school or post-16 institution is open to admit students.