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

Duty to secure EHC needs assessment for children transferring to post-16 institution in 2015

12.—(1) This Article applies to a child to whom this Part applies and who is expected to transfer to a post-16 institution during 2015.

(2) The local authority that maintains the child’s statement must secure that an EHC needs assessment for the child is carried out and concluded before 31st May 2015.

(3) The time when an EHC needs assessment is concluded for the purposes of this Part depends on whether, in the light of the assessment, the local authority decides it is necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.

(4) If the local authority decides this is necessary, the assessment is concluded when the local authority sends a copy of the finalised plan to—

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

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

(5) If the local authority decides this is not necessary, the assessment is concluded when the local authority notifies the child’s parent or young person of that fact.

(6) This Article is subject to Articles 16, 23 and 28.