PART 3

Children and young people in England with special educational needs or disabilities

Identifying children and young people with special educational needs and disabilities

Duty of health bodies to bring certain children to local authority's attention
23
1
This section applies where, in the course of exercising functions in relation to a child who is under compulsory school age, an integrated care board, NHS trust or NHS foundation trust form the opinion that the child has (or probably has) special educational needs or a disability.
2
The board or trust must—
a
inform the child's parent of their opinion and of their duty under subsection (3), and
b
give the child's parent an opportunity to discuss their opinion with an officer of the board or trust.
3
The board or trust must then bring their opinion to the attention of the appropriate local authority in England.
4
If the board or trust think a particular voluntary organisation is likely to be able to give the parent advice or assistance in connection with any special educational needs or disability the child may have, they must inform the parent of that.
S. 23 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)
Pt. 3 modified (1.4.2015) by The Special Educational Needs and Disability (Detained Persons) Regulations 2015 (S.I. 2015/62), regs. 1, 31(1), 32(1)
Words in s. 23(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 200(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Word in s. 23(2)-(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 200(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)