The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010

Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 (S.I. 2001/3455)

8.—(1) The Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 are amended as follows.

(2) In regulation 2—

(a) in paragraph (1)—

(i) for the definition of “authority” substitute—

““authority” means a local authority;”,

(ii) omit the definition of “social services authority”, and

(iii) insert the following definition at the appropriate place in alphabetical order—

““social worker” means a person employed or engaged by the authority as a social worker;”.

(b) for paragraph (3) substitute—

“(3) In these Regulations any reference to the Primary Care Trust is, in relation to a particular child, a reference to the Primary Care Trust in whose area that child lives.”.

(3) In regulation 6—

(a) in paragraph (2) omit sub-paragraph (a), and

(b) in each of paragraphs (4) and (5) for “paragraph (2)(a) to (d)” substitute “paragraph (2)(b) to (d)”.

(4) In regulation 7(1) for sub-paragraph (e) substitute—

“(e) advice from a social worker,”.

(5) In regulation 12—

(a) for paragraph (7)(e) substitute—

“(e) the authority have requested advice from a Primary Care Trust under regulation 7 (1)(c) and the Primary Care Trust have not complied with that request within six weeks from the date on which it was made;”,

(b) after paragraph (7)(h) insert—

“(i) the authority have not produced or maintained any social services information or records relevant to the assessment of the child before the date on which they served or gave the notice referred to in regulation 6(1), 6(4) or 6(5) (as appropriate).

(7A) In paragraph (7)(i) “social services information or records” means information or records produced or maintained by the authority in connection with the exercise of their social services functions (within the meaning of the Local Authority Social Services Act 1970(1).”,

(c) for paragraph (8) substitute—

“(8) Subject to paragraphs (9) and (10) where an authority has requested advice from a Primary Care Trust under regulation 7(1)(c) the Primary Care Trust shall comply with that request within six weeks of the date on which they receive it.”,

(d) in paragraph (9)—

(i) omit “or a social services authority”, and

(ii) in sub-paragraph (c) omit “or the social services authority respectively”,

(e) omit paragraph (11).

(6) In regulation 18(6)—

(a) omit “and on the social services authority”, and

(b) in sub-paragraph (a)(i) omit “or social services authority”.

(7) In regulation 21(6)—

(a) for sub-paragraph (c) substitute—

“(c) two representatives of the authority of which one is to be a person employed or engaged by the authority in connection with their education functions and one is to be a social worker;”, and

(b) omit sub-paragraph (g).

(8) In regulation 22—

(a) in paragraph (3)(b) for “a representative of the social services authority” substitute “a social worker”, and

(b) in paragraph (5) after “the authority” insert “who is a person employed or engaged by the authority in connection with their education functions”.

(9) In regulation 23(7) and (8) for “ a local education authority” substitute “an authority”.

(10) In regulation 24(1)(g) for “a social services authority” substitute “an authority”.

(11) In each of Part A and Part B of Schedule 1 for “maintained (Local Education Authority) school, including an LEA-maintained special school” substitute “maintained (local authority) school including a local authority maintained special school”.

(12) In Schedule 2—

(a) in Part 1, in paragraph 2 for “Advice for Social Services Authority” substitute “Social Work advice”,

(b) in Part 6 for “a Primary Care Trust, a social services authority or some other body” substitute “ a Primary Care Trust or some other body, or by a social worker”, and

(c) for the heading to Appendix E substitute “Social Work Advice”.

(1)

1970 c.42.