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Children and Families Act 2014

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Children and Families Act 2014, Cross Heading: Assessment is up to date with all changes known to be in force on or before 22 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • specified provision(s) amendment to savings and transitional provisions in SI 2014/2270 for commencing SI 2014/889 by S.I. 2015/1619 art. 3-7
  • specified provision(s) amendment to savings and transitional provisions in SI 2014/2270 for commencing SI 2014/889 by S.I. 2015/505 art. 3-8
  • specified provision(s) transitional and savings provisions for commencing SI 2014/889 art. 7(a) by S.I. 2014/2270 art. 3-30

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AssessmentE+W

36Assessment of education, health and care needsE+W

(1)A request for a local authority in England to secure an EHC needs assessment for a child or young person may be made to the authority by the child's parent, the young person or a person acting on behalf of a school or post-16 institution.

(2)An “EHC needs assessment” is an assessment of the educational, health care and social care needs of a child or young person.

(3)When a request is made to a local authority under subsection (1), or a local authority otherwise becomes responsible for a child or young person, the authority must determine whether it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.

(4)In making a determination under subsection (3), the local authority must consult the child's parent or the young person.

(5)Where the local authority determines that it is not necessary for special educational provision to be made for the child or young person in accordance with an EHC plan it must notify the child's parent or the young person—

(a)of the reasons for that determination, and

(b)that accordingly it has decided not to secure an EHC needs assessment for the child or young person.

(6)Subsection (7) applies where—

(a)no EHC plan is maintained for the child or young person,

(b)the child or young person has not been assessed under this section or section 71 during the previous six months, and

(c)the local authority determines that it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.

(7)The authority must notify the child's parent or the young person—

(a)that it is considering securing an EHC needs assessment for the child or young person, and

(b)that the parent or young person has the right to—

(i)express views to the authority (orally or in writing), and

(ii)submit evidence to the authority.

(8)The local authority must secure an EHC needs assessment for the child or young person if, after having regard to any views expressed and evidence submitted under subsection (7), the authority is of the opinion that—

(a)the child or young person has or may have special educational needs, and

(b)it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.

(9)After an EHC needs assessment has been carried out, the local authority must notify the child's parent or the young person of—

(a)the outcome of the assessment,

(b)whether it proposes to secure that an EHC plan is prepared for the child or young person, and

(c)the reasons for that decision.

(10)In making a determination or forming an opinion for the purposes of this section in relation to a young person aged over 18, a local authority must consider whether he or she requires additional time, in comparison to the majority of others of the same age who do not have special educational needs, to complete his or her education or training.

(11)Regulations may make provision about EHC needs assessments, in particular—

(a)about requests under subsection (1);

(b)imposing time limits in relation to consultation under subsection (4);

(c)about giving notice;

(d)about expressing views and submitting evidence under subsection (7);

(e)about how assessments are to be conducted;

(f)about advice to be obtained in connection with an assessment;

(g)about combining an EHC needs assessment with other assessments;

(h)about the use for the purposes of an EHC needs assessment of information obtained as a result of other assessments;

(i)about the use of information obtained as a result of an EHC needs assessment, including the use of that information for the purposes of other assessments;

(j)about the provision of information, advice and support in connection with an EHC needs assessment.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1S. 36 modified by 2002 c. 41, s. 36(9)(aa) (as inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(7); S.I. 2014/889, art. 7(a))

Commencement Information

I1S. 36 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(c)

I2S. 36 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

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