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

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Assessment or statement declined before commencement

3.—(1) This Article applies if—

(a)a request is made to a local authority under section 36(1) of the 2014 Act in respect of a child or young person, or

(b)a local authority otherwise becomes responsible for a child or young person.

(2) The local authority does not need to comply with section 36(3) of the 2014 Act in respect of the child or young person if, within the period of six months ending with the date on which the request is made or the authority otherwise becomes responsible for him or her, a local authority has—

(a)decided under section 329 or 329A of EA 1996 that it is not necessary to make an assessment (or further assessment) under section 323 of that Act in respect of the child or young person, or

(b)decided not to make a statement of the special educational needs of the child or young person following an assessment under section 323 or 331 of that Act in respect of him or her.

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