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• 03 Mar 2024

• Yes

  Complex

  Where the LA maintains an EHCP for a CYP it must consider securing a re-assessment of the educational, health care and social care needs of a child where a request is made by the child’s parent, the young person or the Placement the CYP attends. It must secure that reassessment unless it has carried out an assessment in the previous six months or where it is considered not necessary for a further assessment: CFA2014 s44(2), Regs2014 r24. The LA also has a discretion to secure a re-assessment at any other time where it thinks it is necessary: CFA2014 s44(3). 

  The LA has a discretion to review at any time, and the parent can request a review. There is no duty on the LA to carry one out, but a decision not to carry one out must be lawful. 

  

  Noddy 'no-nonsense' Guide
  Authors: David Wolfe QC, Leon Glenister

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