The Children and Families Act 2014

  • Section 20 identifies when a child or young person has special educational needs.

  • Section 19 states that the local authority must consider issues regarding the sentiments of a child, parent or young person, their active involvement while making decisions, access to information and support to facilitate decision-making and also the necessity to support the child, parent or young person to achieve their best educational outcome.

  • Section 24 states that the local authority is ‘responsible’ if a child or a young person has special educational needs in their authority area.

  • Section 26 states that a local authority must take measures regarding education, health and care for children and young people.

  • Section 35 ss3 states that a child or a young person with special educational needs should be receiving appropriate provision and resources to accommodate these needs.

  • Section 33 ss2 states that the local authority must prepare an EHC plan for a child or young person to be educated in a maintained nursery or mainstream school unless it is incompatible with the wishes of the child’s parent or young person or is not considered as a provision of an efficient education.

 

S33 states that the local authority must prepare an EHC plan in accordance with the parent of the child or a young person.


Equality Act 2010

  • Section 6 defines ‘disability’.

  • Section 85 ss6 states that the school has a duty to make ‘reasonable adjustments’ for the pupil.

  • Section 20 states that substantial disadvantages must be avoided

S20 and 85 states that the provider must make reasonable adjustments to procedures, criteria and practices, and by the provision of auxiliary aids and services to avoid substantial disadvantage when compared to a non-disabled student.