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The Special Educational Needs and Disability Regulations 2014

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Decision not to secure an EHC plan

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10.—(1) Where, following an EHC needs assessment, a local authority decides that it is not necessary for special educational provision to be made for a child or young person in accordance with an EHC plan, the notification given in accordance with section 36(9) must be given as soon as practicable, and in any event within 16 weeks of the local authority receiving a request for an EHC needs assessment in accordance with section 36(1) of the Act, or of the local authority becoming responsible for the child or young person in accordance with section 24 of the Act.

(2) It must also notify the responsible commissioning body and the person notified in accordance with regulation 4(2)(c) or (d).

(3) When notifying a child’s parent or young person in accordance with paragraph (1) the local authority must also notify them of—

(a)their right to appeal that decision;

(b)the time limits for doing so;

(c)the information concerning mediation, set out in regulation 32; and

(d)the availability of—

(i)disagreement resolution services; and

(ii)information and advice about matters relating to the special educational needs of children and young people.

(4) The local authority need not comply with the time limit referred to in paragraph (1) if it is impractical to do so because—

(a)the authority has requested advice from the head teacher or principal of a school or post-16 institution during a period beginning one week before any date on which that school or institution was closed for a continuous period of not less than 4 weeks from that date and ending one week before the date on which it re-opens;

(b)the authority has requested advice from the person identified as having responsibility for special educational needs (if any) in relation to, or other person responsible for, a child’s education at a provider of relevant early years education during a period beginning one week before any date on which that provider was closed for a continuous period of not less than 4 weeks from that date and ending one week before the date on which it re-opens;

(c)exceptional personal circumstances affect the child or the child’s parent, or the young person during that time period ; or

(d)the child or the child’s parent, or the young person, are absent from the area of the authority for a continuous period of not less than 4 weeks during that time period.

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