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

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Appeals against decision not to make statement

9.—(1) This Article applies if immediately before the commencement date—

(a)the parent of a child or young person had the right to appeal under section 325 of EA 1996 against a decision of a local authority in England not to make a statement for the child or young person, but had not brought such an appeal, or

(b)the parent of a child or young person had brought an appeal under section 325 of EA 1996 against a decision of a local authority in England not to make a statement for the child or young person, but the appeal had not finally been determined.

(2) Despite the disapplication by section 81 of and Schedule 3 to the 2014 Act of Chapter 1 of Part 4 of EA 1996 in relation to children in the area of a local authority in England, the old law continues to have effect in relation to the child or young person until the relevant time.

(3) The new law does not have effect in relation to the child or young person until that time.

(4) If no appeal is brought within the period allowed for bringing such appeals, the relevant time is the end of that period.

(5) If an appeal is or has been brought within that period, the relevant time is—

(a)where the appeal is withdrawn or abandoned, when it is withdrawn or abandoned;

(b)where, on the final determination of the appeal, it is dismissed, when it is dismissed;

(c)where, on the final determination of the appeal, the local authority is ordered to make and maintain a statement, when the old law ceases to apply in relation to the child or young person by virtue of Part 5 of this Order;

(d)where, on the final determination of the appeal, the local authority is ordered to reconsider whether it is necessary for the authority to determine the special educational provision which any learning difficulty the child may have calls for, the time found by applying Article 7(5) as if the resulting assessment had begun before the commencement date;

(e)where on the final determination of the appeal an order is made under paragraph (6), when the order is made.

(6) On the appeal the First-tier Tribunal may order the local authority to make and maintain an EHC plan instead of a statement.

(7) The First-tier Tribunal may make an order under paragraph (6) only with the consent of—

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

(b)the local authority.

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