So confused conflicting legislation

[fleshmarketclose]

I would really value anyone's input.
My daughter has/had a statement of SEN which has to be converted to an EHCP by March 31st 2018.
According to the SEND code of practice 9.49 the LA must seek advice from parent,school, ed psych,health and social care and anyone else that a parent reasonably requests. The SEND code of practice also states the form that advice should take and advice stating "not known to this service" wouldn't be considered sufficient.
I made a formal complaint to Derbyshire quoting the SEND code of practice because they haven't got the advice needed to form the basis of the EHCP and so aren't meeting their statutory duty.
Their response states " the requirements of section 31 of the Children and Families Act 2014 apply. This means the CCG or NHS Trust is under a duty to co-operate with the LA but need not comply with that request. Specifically, the LA is not able to order the CCG or NHS Trust
to carry out an assessment."
Can anyone explain how section 31 would negate the SEND code of practice please only I can't seem to see where section 31 states the body doesn't have to comply unless it's covered under 31(2) or unless the case under 31(4) is a prescribed exception.
Many Thanks

This is not conflicting legislation. The SEND Code of Practice (which is statutory guidance, not legislation and therefore would always be trumped by primary legislation such as the Children and Families Act) requires the LA to consult these bodies. However, as Derbyshire say, they cannot order the CCG or NHS Trust to carry out an assessment. Derbyshire has complied with the Code of Practice by asking these bodies for advice.

Section 31 does not negate the Code of Practice. It simply states that, under certain circumstances, people or official bodies do not have to comply with the request for co-operation.