The Children and Families Act 2014 (Transitional and Saving Provisions) (No. 2) Order 2014

Children etc for whom EHC needs assessment cannot be secured before 1st April 2018

17.—(1) This Article applies to a child or young person if this Part first applies to him or her by virtue of Part 3 or 4—

(a)on or after 1st April 2018, or

(b)at a time before that date at which it is not practicable to secure that an EHC needs assessment for him or her is carried out and concluded before that date.

(2) The old law ceases to apply in relation to the child or young person—

(a)from the time at which this Part first applies in relation to him or her, or

(b)if later, from the beginning of 1st April 2018.

(3) The new law applies in relation to the child or young person from that time.

(4) Paragraphs (2) and (3) do not prevent the statement maintained for the child or young person from continuing to have effect; but from the time mentioned in paragraph (2) it has effect as if the special educational provision specified in it were specified in an EHC plan maintained for him or her.

(5) The local authority that maintains the statement for the child or young person must secure that an EHC needs assessment for him or her is carried out and concluded as soon as is reasonably practicable after this Part begins to apply to him or her.