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PART 5Children etc with statement on commencement: transfer to new regime

Duty to consider EHC needs assessment for children in year 6

13.—(1) This Article applies to a child to whom this Part applies and—

(a)who is in year 6—

(i)in the next school year to begin after 31st July 2015, or

(ii)in the next school year to begin after 31st July 2016, and

(b)did not transfer from middle to secondary school when they entered year 6.

(2) The local authority that maintains the child’s statement must—

(a)consult the child and the child’s parent on whether to secure an EHC needs assessment for the child in that year, and

(b)have regard to any views expressed by the child or the child’s parent on that question.

(3) If, following the consultation, the local authority decides that an EHC needs assessment should be carried out in that year, the EHC needs assessment must be concluded before the end of the school year in which the child is in year 6.

(4) This Article is subject to Articles 16 and 23.