Capacity of childrenI120
1
Subject to paragraph (2), paragraph (3) applies to a child who had identified special educational needs 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 person 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)F1, 9A(2), and 10(2);
b
the duty to give a notice following a request by a child under article 11;
c
the duty to give a child a copy of the individual development plan within 12 weeks in article 12(1).
5
The power referred to in paragraph (3) is the power to give a child an ALN notice in article 13.
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.