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The Children and Families Act 2014 (Transitional and Saving Provisions) (No. 2) Order 2014

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Effect of decision to replace statement following re-assessment

24.—(1) This Article applies if, in the light of a re-assessment by virtue of Article 23, a local authority decides to replace a statement for a child or young person with an EHC plan.

(2) Regulation 27 of the SEND Regulations 2014 applies as if paragraph (2) required the finalised EHC plan to be sent to—

(a)the child’s parent or the young person,

(b)the governing body, proprietor or principal of any school or other institution, or the provider of relevant early years education, named in the EHC plan, and

(c)the responsible commissioning body,

as soon as is practicable and in any event within the period of 14 weeks beginning with the day on which the request for assessment was made or, in a case within Article 22(4), the assessment was ordered on appeal.

(3) The local authority must cease to maintain the statement for the child or young person when the EHC plan is made.

(4) The new law has effect in relation to the child or young person (to the extent that it has not done so already), and the old law ceases to have effect in relation to the child or young person, at that time.

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