Change 1 Article Choose an article Title and introductory text 1 Contact between prescribed persons and adopted person's relatives 2 Placement of looked after children with prospective adopters 3 Repeal of requirement to give due consideration to ethnicity: England 4 Recruitment, assessment and approval of prospective adopters 6 Adoption support services: duty to provide information 7 The Adoption and Children Act Register 8 Contact: children in care of local authorities 9 Contact: post-adoption 10 Family mediation information and assessment meetings 11 Welfare of the child: parental involvement 12 Child arrangements orders 13 Control of expert evidence, and of assessments, in children proceedings 14 Care, supervision and other family proceedings: time limits and timetables 15 Care plans 16 Care proceedings and care plans: regulations: procedural requirements 17 Repeal of restrictions on divorce and dissolution etc where there are children 18 Repeal of uncommenced provisions of Part 2 of the Family Law Act 1996 19 Local authority functions: supporting and involving children and young people 20 When a child or young person has special educational needs 21 Special educational provision, health care provision and social care provision 22 Identifying children and young people with special educational needs and disabilities 23 Duty of health bodies to bring certain children to local authority's attention 24 When a local authority is responsible for a child or young person 25 Promoting integration 26 Joint commissioning arrangements 27 Duty to keep education and care provision under review 28 Co-operating generally: local authority functions 29 Co-operating generally: governing body functions 30 SEN and disability local offer 31 Co-operating in specific cases: local authority functions 32 Advice and information 33 Children and young people with EHC plans 34 Children and young people with special educational needs but no EHC plan 35 Children with SEN in maintained nurseries and mainstream schools 36 Assessment of education, health and care needs 37 Education, health and care plans 38 Preparation of EHC plans: draft plan 39 Finalising EHC plans: request for particular school or other institution 40 Finalising EHC plans: no request for particular school or other institution 41 Independent special schools and special post-16 institutions: approval 42 Duty to secure special educational provision and health care provision in accordance with EHC Plan 43 Schools and other institutions named in EHC plan: duty to admit 44 Reviews and re-assessments 45 Ceasing to maintain an EHC plan 46 Maintaining an EHC plan after young person's 25th birthday 47 Transfer of EHC plans 48 Release of child or young person for whom EHC plan previously maintained 49 Personal budgets and direct payments 50 Continuation of services under section 17 of the Children Act 1989 51 Appeals 52 Right to mediation 53 Mediation: health care issues 54 Mediation: educational and social care issues etc 55 Mediation 56 Mediation: supplementary 57 Resolution of disagreements 58 Appeals and claims by children: pilot schemes 59 Appeals and claims by children: follow-up provision 60 Equality Act 2010: claims against schools by disabled young people 61 Special educational provision otherwise than in schools, post-16 institutions etc 62 Special educational provision outside England and Wales 63 Fees for special educational provision at non-maintained schools and post-16 institutions 64 Supply of goods and services 65 Access to schools, post-16 institutions and other institutions 66 Using best endeavours to secure special educational provision 67 SEN co-ordinators 68 Informing parents and young people 69 SEN information report 70 Application of Part to detained persons 71 Assessment of post-detention education, health and care needs of detained persons 72 Securing EHC plans for certain detained persons 73 EHC plans for certain detained persons: appeals and mediation 74 Duty to keep EHC plans for detained persons 75 Supply of goods and services: detained persons 76 Provision and publication of special needs information 77 Code of practice 78 Making and approval of code 79 Review of resolution of disagreements 80 Parents and young people lacking capacity 81 Disapplication of Chapter 1 of Part 4 of EA 1996 in relation to children in England 82 Consequential amendments 83 Interpretation of Part 3 84 Childminder agencies 85 Inspections at request of providers of childcare to young children 86 Repeal of local authority's duty to assess sufficiency of childcare provision 87 Discharge of authority's duty to secure free early years provision 88 Governing bodies: provision of community facilities 89 Childcare costs scheme: preparatory expenditure 90 Extension of licensing of child performances to children under 14 91 Purchase of tobacco ... etc. on behalf of persons under 18 92 Prohibition of sale of nicotine products to persons under 18 93 Amendments consequential on section 92 94 Regulation of retail packaging etc of tobacco products 95 Smoking in a private vehicle 96 Young carers 97 Parent carers 98 Arrangements for living with former foster parents after reaching adulthood 99 Promotion of educational achievement of children looked after by local authorities 100 Duty to support pupils with medical conditions 100A Allergy safety policy 100B Regulations about allergy safety 101 Local authority functions relating to children etc: intervention 102 Application of suspension etc powers to establishments and agencies in England 103 Objectives and standards for establishments and agencies in England 104 National minimum standards for establishments and agencies in England 105 Disqualification from carrying on, or being employed in, a children's home 106 Provision of free school lunches 107 Primary function of the Children's Commissioner 108 Provision by Commissioner of advice and assistance to certain children 109 Commissioner's powers to enter premises 110 Provision of information to Commissioner 111 Advisory board 112 Business plans 113 Annual reports 114 Children living away from home or receiving social care 115 Children's Commissioner: minor and consequential amendments 116 Repeal of requirement to appoint Children's Rights Director 117 Shared parental leave 118 Exclusion or curtailment of other statutory rights to leave 119 Statutory shared parental pay 120 Exclusion or curtailment of other statutory rights to pay 121 Statutory rights to leave and pay of prospective adopters with whom looked after children are placed 122 Statutory rights to leave and pay of applicants for parental orders 123 Statutory paternity pay: notice requirement and period of payment 124 Rate of statutory adoption pay 125 Abolition of additional paternity leave and additional statutory paternity pay 126 Further amendments 127 Time off work to accompany to ante-natal appointments 128 Time off work to attend adoption appointments 129 Right not to be subjected to detriment: agency workers 130 Time off work for ante-natal care: increased amount of award 131 Removal of requirement to be a carer 132 Dealing with applications 133 Complaints to employment tribunals 134 Review of sections 131 to 133 135 Orders and regulations 136 Consequential amendments, repeals and revocations 137 Transitional, transitory or saving provision 138 Financial provision 139 Commencement 140 Short title and extent SCHEDULE 1 The Adoption and Children Act Register SCHEDULE 2 Child arrangements orders: amendments SCHEDULE 3 Special educational needs: consequential amendments SCHEDULE 4 Childminder agencies: amendments SCHEDULE 5 Children's Commissioner: minor and consequential amendments SCHEDULE 6 Repeal of requirement to appoint Children's Rights Director: transfer schemes SCHEDULE 7 Statutory rights to leave and pay: further amendments
What to do with it
As published
61 Special educational provision otherwise than in schools, post-16 institutions etc
(1) A local authority in England may arrange for any special educational provision that it has decided is necessary for a child or young person for whom it is responsible to be made otherwise than in a school or post-16 institution or a place at which relevant early years education is provided.
(2) An authority may do so only if satisfied that it would be inappropriate for the provision to be made in a school or post-16 institution or at such a place.
(3) Before doing so, the authority must consult the child's parent or the young person.
Your wording
Your change, as a redline
61 Special educational provision otherwise than in schools, post-16 institutions etc
(1) A local authority in England may arrange for any special educational provision that it has decided is necessary for a child or young person for whom it is responsible to be made otherwise than in a school or post-16 institution or a place at which relevant early years education is provided.
(2) An authority may do so only if satisfied that it would be inappropriate for the provision to be made in a school or post-16 institution or at such a place.
(3) Before doing so, the authority must consult the child's parent or the young person.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.