Education for Persons with Special Educational Needs Act 2004
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Provision of services. |
7.—(1) In the case of a child who is not a student, the relevant health board shall, subject to subsection (2), provide to the child such of the services identified in the assessment carried out under section 4 in relation to the child as are necessary to enable him or her to participate in and benefit from education. | |
(2) Where, in performing its functions under subsection (1), a health board is of the opinion that particular services can most effectively be provided for by the Council, it shall inform the Council of that opinion by notice in writing and, upon being so informed, the Council shall, subject to subsection (5), provide those services to the child concerned. | ||
(3) In the case of a child who is a student the Council shall, subject to subsection (4), ensure that there are provided to him or her such of the services identified in the education plan prepared in relation to the child as are necessary to enable him or her to participate in and benefit from education. | ||
(4) Where, in performing its functions under subsection (3), the Council is of the opinion that particular services can most effectively be provided for by the relevant health board, it shall inform the health board of that opinion by notice in writing and, upon being so informed, the health board shall, subject to subsection (5), provide those services in respect of the child concerned. | ||
(5) If a dispute arises between the Council and a health board as to which of them can more effectively provide particular services identified as being required in respect of a child by an assessment or an education plan, as appropriate, the dispute shall, within 2 months from the dispute arising, be referred by either or both of them to the Appeals Board for its determination (and which determination shall be made within 2 months from its referral) and, on the hearing of the reference, the Appeals Board shall determine which of them shall provide those services and give a direction to the Council or the health board, as the case may be, to that effect accordingly. | ||
(6) The Council or the relevant health board shall comply with a direction given to it under subsection (5). | ||
(7) The provision of services under subsection (1) or (3) by a health board or the Council shall be made as soon as practicable after the completion of the assessment or, as the case may be, the preparation of the education plan in respect of the child concerned. | ||
(8) The fact that— | ||
(a) an appeal against an assessment under section 6 or an appeal under section 12 in relation to an education plan is made, or | ||
(b) a dispute is referred under subsection (5), | ||
shall not, during the period pending its determination, absolve the Council or a health board (or both) of the duty of providing such of the services to the child concerned as are, irrespective of the outcome of the determination of the appeal or dispute, required by this section to be provided to him or her. |