SEND Regulations

SEN and Disability Regulations came into force on September 1st 2014.

Where LA decides whether or not to carry out assessment for EHCP, must notify family within 6 weeks of receiving request for assessment SEND Regs 5.(3)

People from whom LA must seek advice and information towards EHC assessment (also applies to re-assessment, see reg 26.) SEND Regs 6. (1)

For EHC needs assessment, LA must consult family + consider certain information (also applies to re-assessment, see reg 26.) SEND Regs 7.

Body must comply with request in relation to EHC needs assessment within 6 weeks (unless family "fails to keep appointment for an examination or test made by the body during that 6 week period") (also applies to re-assessment, see reg 26.) SEND Regs 8.

Parent or young person requires information advice and support to take part effectively in EHC needs assessment? (also applies to re-assessment, see reg 26.) SEND Regs 9.

"As part of the EHC needs assessment, the local authority must invite the parent of the child, or the young person, to attend a meeting with a relevant officer of the authority to discuss the educational, health care and social care needs of the child or young person. Article 20 Transitional and Savings Provisions Order

Format of EHC Plan SEND Regs 12.

At least 15 days from sending EHC draft plan for family to raise issues and for the LA to advise family on schools and colleges SEND Regs 13.

When it sends finalised EHC Plan LA must notify family about appeal and mediation SEND Regs 14.

Must review EHCP by March 31st in the calendar year of the young person's transfer from secondary school to a post-16 institution SEND Regs 18. (1)(a)

Must review EHCP by February 15th in the calendar year of the child's transfer SEND Regs 18. (1)(b)

Must review EHCP at least 5 months before transfer from one post-16 institution to another SEND Regs 18. (2)

Who has to be invited to EHCP review meeting, how much notice must be given, progress towards outcomes specified in plan must be considered at review SEND Regs 20. (1) (2) (3) (4) (5)

EHCP review Y9 must include preparation for adulthood and independent living SEND Regs 20. (6)

Review where child or young person is in school, LA must ask head to prepare written report within 2 weeks of review meeting SEND Regs 20. (7)

Review where child or young person does not attend school, LA must prepare written report within 2 weeks of review meeting SEND Regs 20. (8)

After report has been sent, LA must decide whether to maintain, amend or cease EHCP and notify family within 4 weeks of review meeting SEND Regs 20. (10)

EHC Review when child or young person does not attend school: who is invited; how much notice; circulate advice and information; consider progress towards outcomes; Y9 review preparation for adulthood; written report within 2 weeks review meeting; notify decision maintain, amend, cease EHCP within 4 weeks review meeting + right to appeal, availability mediation SEND Regs 21.

What LA must do if it wants to amend EHCP following review "Where the local authority is considering amending an EHC plan following a review it must comply with the requirements of regulations 11, and 12, and with sections 33 of the Act, and with sections 39 and 40 of the Act (as appropriate)..." SEND Regs 22. (1)

When LA has to re-assess + notifying family of decision within 15 days receiving request to re-assess, including right to appeal + availability mediation, advice and information SEND Regs 23. + 24. + 25.

"If, at any time, a local authority proposes to amend an EHC plan, it shall proceed as if the proposed amendment were an amendment proposed after a review." SEND Regs 28.

LA must review the EHC plan within 12 months of the date on which a copy of the finalised-after-reassessment-plan is sent to the family (+ thereafter within 12 months of date on which plan was last reviewed) SEND Regs 27. (4) (a) (b)

LA may cease to maintain EHC Plan for child/young person under 18 if "it determines that it is no longer necessary for special educational provision to be made" SEND Regs 29. (1)

Young person under 18 with EHC Plan but not in education or training SEND Regs 29. (2)

LA may cease to maintain EHC Plan for YP 18+ after it has carried out a review for YP 18 or over who is no longer in (and no longer wishes to be in) education or training SEND Regs 30. (1)

LA only has to maintain EHC Plan for YP 18+ not in education or training after reviewing the Plan if i/ YP wishes to return to education or training and ii/ the LA "determines that it is appropriate for the young person to do so" SEND Regs 30. (2)

Consultation where the LA wants to cease the EHC Plan for child or YP under 18 SEND Regs 31. (1)

Persons and bodies who must be notified when LA has decided to cease the ECH Plan for child or YP under 18 + right to appeal + availability mediation SEND Regs 31. (2)

Requirement for family to obtain 55 (4)-type mediation certificate if not wanting mediation, before appealing to Tribunal SEND Regs 32. 33. 34.

Mediation relating to health provision must be arranged within 30 days SEND Regs 35.

Mediation not relating to health provision must be arranged within 30 days SEND Regs 36.

Persons who must attend mediation + 5 working days notice to family of mediation meeting SEND Regs 37. (1) (2)

Persons who may attend mediation SEND Regs 38.

55 (5)-type mediation certificate must be issued within 3 working days of mediation conclusion or where LA is unable to arrange mediation in time SEND Regs 39.

Background of mediators SEND Regs 40.

Family expenses for attending mediation SEND Regs 41.

Timescales for complying with mediation agreement (different depending on whether issues could have been appealed to First Tier Tribunal) SEND Regs 42.

First-tier Tribunal may: correct deficiences in EHC Plan; dismiss the appeal; order the LA to arrange assessment or reassessment; order the LA to make, maintain or continue an EHC Plan (including such amendments as FTT thinks fit); require LA to reconsider the special educational provision being made; order different school/institution or type of school/institution (eg mainstream or special) specified in EHC Plan SEND Regs 43.

Deadlines for LA compliance with First-tier Tribunal orders SEND Regs 44.

Deadlines where LA notifies Tribunal that it will not oppose family's appeal SEND Regs 45.

Where child or young person without EHC Plan is in special school or special post-16 institution, LA has to notify within 10 days whether or not it will make EHC Plan SEND Regs 48. (1) (a)

Child or young person without EHC Plan in special school or special post-16 institution may remain until an EHC Plan is finalised SEND Regs 48. (1) (b)

Approval of post-16 special institution SEND Regs Part 5

Parents and YP lacking capacity (ref to Mental Capacity Act) !The Regulations also make clear that the provisions concerning mental capacity have effect in spite of section 27(1)(g) of the Mental Capacity Act 2005 (regulation 65)" SEND Regs Part 6 51.