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Children and Families Act 2014

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Children and Families Act 2014, Cross Heading: Special educational needs etc 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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Special educational needs etcE+W

20When a child or young person has special educational needsE+W

(1)A child or young person has special educational needs if he or she has a learning difficulty or disability which calls for special educational provision to be made for him or her.

(2)A child of compulsory school age or a young person has a learning difficulty or disability if he or she—

(a)has a significantly greater difficulty in learning than the majority of others of the same age, or

(b)has a disability which prevents or hinders him or her from making use of facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post-16 institutions.

(3)A child under compulsory school age has a learning difficulty or disability if he or she is likely to be within subsection (2) when of compulsory school age (or would be likely, if no special educational provision were made).

(4)A child or young person does not have a learning difficulty or disability solely because the language (or form of language) in which he or she is or will be taught is different from a language (or form of language) which is or has been spoken at home.

(5)This section applies for the purposes of this Part.

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Commencement Information

I1S. 20 in force at 1.9.2014 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)

21Special educational provision, health care provision and social care provisionE+W

(1)“Special educational provision”, for a child aged two or more or a young person, means educational or training provision that is additional to, or different from, that made generally for others of the same age in—

(a)mainstream schools in England,

(b)maintained nursery schools in England,

(c)mainstream post-16 institutions in England, or

(d)places in England at which relevant early years education is provided.

(2)“Special educational provision”, for a child aged under two, means educational provision of any kind.

(3)Health care provision” means the provision of health care services as part of the comprehensive health service in England continued under section 1(1) of the National Health Service Act 2006.

(4)Social care provision” means the provision made by a local authority in the exercise of its social services functions.

(5)Health care provision or social care provision which educates or trains a child or young person is to be treated as special educational provision (instead of health care provision or social care provision).

(6)This section applies for the purposes of this Part.

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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.

Commencement Information

I2S. 21 in force at 1.9.2014 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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