Capacity of childrenI124
1
Subject to paragraph (2), paragraph (3) applies to a child who had a statement on 1 September 2022.
2
Nothing in this article applies to a person when that person ceases to be of compulsory school age.
3
A duty in paragraph (4) or the power in paragraph (5) does not apply if the appropriate local authority considers that the child does not have capacity to understand the subject matter.
4
The duties referred to in paragraph (3) are—
a
the duty to give a child an IDP notice or a No IDP notice in articles 9(2), F19A(2), 10(2) and 11;
b
the duty to give a notice following a request by a child under article 12;
c
the duty to give a child a copy of the individual development plan within 12 weeks in article 13(1).
5
The power referred to in paragraph (3) is the power to give a child an ALN notice in article 14.
6
Where paragraph (3) applies in relation to a duty in paragraph (4)(a) or (b), the first reference to a child in article 5 is to be read as if it were omitted.
7
Where paragraph (3) applies in relation to a duty in paragraph (4)(a) or (b), the first reference to a child in article 6 is to be read as if it were omitted.