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The Special Educational Needs and Disability Regulations 2014

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Determination whether or not special educational provision may be necessary

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4.—(1) Where a local authority determines that it is not necessary for special educational provision to be made in accordance with an EHC plan it must notify the child’s parent or the young person in accordance with section 36(5) of the Act as soon as practicable, but in any event within 6 weeks of—

(a)receiving a request for an EHC needs assessment under section 36(1) of the Act, or

(b)becoming responsible for the child or young person in accordance with section 24 of the Act.

(2) Where the local authority is considering securing an EHC needs assessment it must also notify—

(a)the responsible commissioning body;

(b)the officers of the local authority who exercise the local authority’s social services functions for children or young people with special educational needs;

(c)in relation to a child—

(i)if the child is a registered pupil(1) at a school, the head teacher of that school (or the person holding the equivalent position), or

(ii)if the child receives education from a provider of relevant early years education, the person identified as having responsibility for special educational needs (if any) in relation to that provider; and

(d)in relation to a young person—

(i)if the young person is a registered pupil at a school, the head teacher of that school (or the person holding the equivalent position), or

(ii)if the young person is a student at a post-16 institution, to the principal of that institution (or the person holding the equivalent position).

(1)

Pupil has the meaning in section 3 of the 1996 Act Back [1]

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