The Special Educational Needs and Disability Regulations 2014

PART 1Introduction

1Citation and commencement

2Interpretation

2ARelaxation of time periods due to coronavirus exception

PART 2Children and young people with special educational needs

3Consideration of request

4Determination whether or not special educational provision may be necessary

5Decision whether or not to conduct an EHC needs assessment

6Information and advice to be obtained of EHC Needs Assessments

7Matters to be taken into account in securing an EHC needs assessment

8Duty to co-operate in EHC needs assessments

9Provision of advice, information and support to parents and young people

10Decision not to secure an EHC plan

11Preparation of EHC plans

12Form of EHC plan

13Timescales for EHC plans

14Sending the finalised EHC plan

15Transfer of EHC plans

16Change of responsible commissioning body

17Restriction on disclosure of EHC plans

Reviews and re-assessments

18Circumstances in which a local authority must review an EHC plan

18ACircumstances in which it is not necessary to review an EHC plan

19Conduct of reviews

20Review where the child or young person attends a school or other institution

21Review of EHC plan where the child or young person does not attend a school or other institution

22Amending an EHC plan following a review

23Other circumstances in which a local authority must secure a re-assessment

24Circumstances in which it is not necessary to re-assess educational, health care and social care provision

25Notification of decision whether it is necessary to re-assess educational, health care and social care provision

26Securing a re-assessment of educational, health care and social care provision

27Amending or replacing an EHC plan following a re-assessment

28Amending an EHC plan without a review or reassessment

Ceasing to maintain an EHC plan

29Circumstances in which a local authority may not cease to maintain an EHC plan where the person is under the age of 18

30Circumstances in which a local authority may not cease to maintain an EHC plan where the person is aged 18 or over

31Procedure for determining whether to cease to maintain EHC plan

32Information to be included in notices sent by a local authority

33Requirement to consider mediation

34Where a parent or young person does not wish to or fails to pursue mediation

35Mediation – health care issues

36Mediation – no health care issues

37Arrangements for mediation

38Attendance at the mediation

39Mediation certificate under section 55(5)

40Training, qualifications and experience of mediators

42Steps to be taken by a local authority

43Powers of the First-tier Tribunal

44Compliance with the orders of the First-tier Tribunal

45Unopposed appeals

Miscellaneous provisions

46Academic year

47Disclosure of EHC plans in relation to higher education

48Remaining in a special school or special post-16 institution without an EHC plan

PART 3Duties on schools

Special Educational Needs Co-ordinators

49Prescribed qualifications and experience of SENCOs

50Appropriate authority functions and duties relating to the SENCO

SEN information report

51Prescribed information that must be included in SEN information report

52Manner of publication of report

PART 4Local Offer

53Information to be included in the local offer

55Involvement of children, their parents and young people in preparation and review of local offer.

56Publication of comments on the local offer

57Manner of publication

PART 5Approval of independent special schools and special post-16 institutions

58Types of special post-16 institution that may be approved

59Matters to be taken into account in deciding to give approval

60Matters to be taken into account in deciding to withdraw approval

61Procedure when the Secretary of State decides to withdraw approval

62Publication of list of approved institutions

PART 6Parents and young people lacking capacity

63Where a child's parent lacks capacity

64Where a young person lacks capacity

65Mental Capacity Act 2005

SCHEDULE 1Information to be included in the SEN information report

1The kinds of special educational needs for which provision is...

2Information, in relation to mainstream schools and maintained nursery schools,...

3Information about the school's policies for making provision for pupils...

4In relation to mainstream schools and maintained nursery schools, the...

5Information about the expertise and training of staff in relation...

6Information about how equipment and facilities to support children and...

7The arrangements for consulting parents of children with special educational...

8The arrangements for consulting young people with special educational needs...

9Any arrangements made by the governing body or the proprietor...

10How the governing body involves other bodies, including health and...

11The contact details of support services for the parents of...

12The school's arrangements for supporting pupils with special educational needs...

13Information on where the local authority's local offer is published....

SCHEDULE 2Information to be published by a local authority in its local offer

1The special educational provision and training provision which the local...

2The special educational provision and training provision the local authority...

3The information in paragraphs 1 and 2 must include information...

4The arrangements the persons specified in paragraphs 1 and 2...

5Information, in relation to the persons specified in paragraphs 1...

6Where further information about the bodies specified in paragraphs 1...

7Where the strategy prepared by the local authority under paragraph...

8Special educational provision and training provision the local authority expects...

9Special educational provision and training provision the local authority expects...

10Provision available in the local authority's area to assist children...

11Information about support available to young people with special educational...

12Health care provision for children and young people with special...

13Social care provision for children and young people with special...

14Transport arrangements for children and young people with special educational...

15Sources of information, advice and support in the local authority's...

16The procedure for making a complaint about provision mentioned in...

17The procedure for making a complaint about any provision or...

18Information about any criteria that must be satisfied before any...

19Information about how to request an EHC needs assessment, and...

20Information on where the list of institutions approved under section...

21Arrangements for notifying parents and young people of their right...

22Arrangements for mediation made in accordance with section 53 or...

23Arrangements for the resolution of disagreements made in accordance with...

PART 1References to a young person in the Act that are to be read as references to both a young person and an alternative person

The provisions referred to in regulation 64(1)(a) are— section 19(a),...

PART 2References to a young person in the Act that are to be read as references to an alternative person

The provisions referred to in regulation 64(1)(b) are— section 33(2)(a);...

PART 3References to a young person in the Act that are to be read as references to both a young person and an alternative person

The provisions referred to in regulation 64(1)(c) are— regulation 5(4)(c)...

PART 4References to a young person in the Act that are to be read as references to an alternative person

The provisions referred to in regulation 64(1)(d) are— regulation 3...

2014 No. 1530

Education

The Special Educational Needs and Disability Regulations 2014

Made4th June 2014

Laid before Parliament11th June 2014

Coming into force1st September 2014

The Secretary of State makes the following Regulations, in exercise of the powers conferred by sections 30(8) and(9), 34(6), 36(11), 37(4), 41(5), 44(7), 45(5), 46(2), 47(1) and (2), 51(4), 56(1), 67(3), 69(3)(a), and 80(1) of the Children and Families Act 2014 M1:C1 C2

Annotations:

Modifications etc. (not altering text)

C1

Regulations applied (1.9.2014) by The Children and Families Act 2014 (Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/2270), arts. 1(2), 20(1)

C2

Regulations applied (with modifications) (1.9.2014) by The Children and Families Act 2014 (Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/2270), arts. 1(2), 23(6)(b)

Marginal Citations

M1