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Children and Families Act 2014

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This is the original version (as it was originally enacted).

37Education, health and care plans

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(1)Where, in the light of an EHC needs assessment, it is necessary for special educational provision to be made for a child or young person in accordance with an EHC plan—

(a)the local authority must secure that an EHC plan is prepared for the child or young person, and

(b)once an EHC plan has been prepared, it must maintain the plan.

(2)For the purposes of this Part, an EHC plan is a plan specifying—

(a)the child’s or young person’s special educational needs;

(b)the outcomes sought for him or her;

(c)the special educational provision required by him or her;

(d)any health care provision reasonably required by the learning difficulties and disabilities which result in him or her having special educational needs;

(e)in the case of a child or a young person aged under 18, any social care provision which must be made for him or her by the local authority as a result of section 2 of the Chronically Sick and Disabled Persons Act 1970 (as it applies by virtue of section 28A of that Act);

(f)any social care provision reasonably required by the learning difficulties and disabilities which result in the child or young person having special educational needs, to the extent that the provision is not already specified in the plan under paragraph (e).

(3)An EHC plan may also specify other health care and social care provision reasonably required by the child or young person.

(4)Regulations may make provision about the preparation, content, maintenance, amendment and disclosure of EHC plans.

(5)Regulations under subsection (4) about amendments of EHC plans must include provision applying section 33 (mainstream education for children and young people with EHC plans) to a case where an EHC plan is to be amended under those regulations.

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