Part IE+W+S Representation and Assessment

5 Disabled persons leaving special education.E+W

(1)Where—

(a)a local authority have made a statement under section 7 of the M1Education Act 1981 [F1section 168 of the Education Act 1993 or section 324 of the Education Act 1996] (statement of child’s educational needs) [F2, or have maintained an EHC plan under section 37 of the Children and Families Act 2014,] in respect of a child F3... and

(b)the statement [F4or plan] is still maintained by the authority at whichever is the earlier of the following times, namely—

(i)the time when they institute [F5a review of the statement [F4or plan] prescribed for the purposes of this paragraph], and

(ii)any time falling after [F6they have carried out the review prescribed for the purposes of sub-paragraph (i)] when they institute a re-assessment of his educational needs,

the authority shall at that time require the appropriate officer to give to the authority his opinion as to whether the child is or is not a disabled person.

(2)Where—

(a)a [F7local authority] make any such statement [F8, or secure the preparation of an EHC plan,] in respect of a child after he has attained the age of 14, or

(b)a [F7local authority] maintain any such statement [F9or plan] in respect of a child in whose case the appropriate officer has, in pursuance of subsection (1), given his opinion that the child is not a disabled person, but the authority have become aware of a significant change in the mental or physical condition of the child giving them reason to believe that he may now be a disabled person,

the authority shall, at the time of making the statement [F10, securing the preparation of the plan] or (as the case may be) of becoming aware of that change, require the appropriate officer to give to the authority his opinion as to whether the child is or is not a disabled person.

[F11(3)In the following provisions of this section and in section 6 a person in respect of whom the appropriate officer has given his opinion that he is a disabled person is referred to as a “disabled student”.

(3A)The responsible authority shall give to the appropriate officer written notification for the purposes of subsection (5) of the date on which any disabled student will cease to be of compulsory school age, and the notification shall state—

(a)his name and address; and

(b)whether or not he intends to remain in full-time education and, if he does, the name of the school or other institution at which the education will be received;

and shall be given not earlier than twelve months, nor later than eight months, before that date.

(3B)Where, in the case of a disabled student over compulsory school age who is receiving relevant full-time education, that is—

(a)full-time education at a school; or

(b)full-time further or higher education at an institution other than a school;

it appears to the responsible authority that the student will cease to receive relevant full-time education on a date (“the leaving date”) on which he will be under the age of nineteen years and eight months, the responsible authority shall give written notification for the purposes of subsection (5) to the appropriate officer.

(3C)That notification shall state—

(a)his name and address; and

(b)the leaving date;

and shall be given not earlier than twelve months, nor later than eight months, before the leaving date.

(4)If at any time it appears to the responsible authority—

(a)that a disabled student has ceased to receive relevant full-time education or will cease to do so on a date less than 8 months after that time, and

(b)that no notification has been given under subsection (3B), but

(c)that, had the responsible authority for the time being been aware of his intentions 8 months or more before that date, they would have been required to give notification under that subsection with respect to him,

that authority shall, as soon as is reasonably practicable, give written notification for the purposes of subsection (5) to the appropriate officer of his name and address and of the date on which he ceased to receive, or will cease to receive, that education.]

(5)When the appropriate officer receives a notification given with respect to [F12a student under subsection (3A) that he does not intend to remain in full-time education or under subsection (3B)] or (4), he shall (subject to subsections (6) and (7) make arrangements for the local authority of which he is an officer to carry out an assessment of the needs of that person with respect to the provision by that authority of any statutory services for that person in accordance with any of the welfare enactments, and any such assessment shall be carried out—

(a)in the case of a [F13notification under subsection (3A) or (3B)], not later than the end of the period of 5 months beginning with the date of receipt of the notification, or

(b)in the case of a notification under subsection (4), before the date specified in the notification, if reasonably practicable, and in any event not later than the end of the period referred to in paragraph (a) above.

(6)If—

(a)a notification has been given to the appropriate officer with respect to any person under subsection [F14(3A) that he does not intend to remain in full-time education or under subsection (3B)] or (4), but

(b)it subsequently appears to [F15the responsible authority that the person will be receiving relevant full-time education] at a time later than the date specified in the notification,

the authority shall give written notification of the relevant facts to that officer as soon as is reasonably practicable; and on receiving any such notification that officer shall cease to be required under subsection (5) to make arrangements for the assessment of the needs of the person in question (but without prejudice to the operation of that subsection in relation to any further notification given with respect to that person under subsection [F14(3A) that he does not intend to remain in full-time education or under subsection (3B)] or (4)).

(7)Nothing in subsection (5) shall require the appropriate officer to make arrangements for the assessment of the needs of a person—

(a)if, having attained the age of 16, he has requested that such arrangements should not be made under that subsection, or

(b)if, being under that age, his parent or [F16other person who is not a parent of his but who has parental responsibility for him] has made such a request.

(8)Regulations under [F17paragraph 7 of Schedule 27 to the Education Act 1996] (assessments and statements of special educational needs) may, in relation to the transfer of statements [F18maintained under section 324] of that Act, make such provision as appears to the Secretary of State to be necessary or expedient in connection with the preceding provisions of this section.

[F19(8A)Regulations under section 47 of the Children and Families Act 2014 (transfer of EHC plans) may make such provision as appears to the Secretary of State to be necessary or expedient in connection with subsections (1) to (7) of this section.]

(9)In this section—

and other expressions used in this section and in [F34the Education Act 1996] [F35or the Further and Higher Education Act 1992] (and not defined in this Act) have the same meaning in this section as in [F36those Acts].

(10)This section applies to England and Wales only.

Annotations:

Amendments (Textual)

F1Words in s. 5(1)(a) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 64(2) (with ss. 1(4), 561, 562, Sch. 39)

F3Words in s. 5(1)(a) omitted (15.6.2001 for specified purposes otherwise 1.1.2002 for E., and 21.1.2002 for specified purposes otherwise 1.4.2002 for W.) by 2001 c. 10, s. 42(1), Sch. 8 para. 17(a) (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. (as amended (31.8.2001) by S.I. 2001/2614, art. 4); S.I. 2002/74, arts. 4, 5, Sch. Pt. II and the said words repealed (1.1.2002 for E. and otherwise 1.4.2002 for W.) by 2001 c. 10, s. 42(6), Sch. 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. (as amended (31.8.2001) by S.I. 2001/2614, art. 4); S.I. 2002/74, arts. 4, 5, Sch. Pt. II

F5Words in s. 5(1)(b)(i) substituted (15.6.2001 for specified purposes otherwise 1.1.2002 for E., and 21.1.2002 for specified purposes and otherwise 1.4.2002 for W.) by 2001 c. 10, s. 42(1), Sch. 8 para. 17(b)(i) (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. (as amended (31.8.2001) by S.I. 2001/2614, art. 4); S.I. 2002/74, arts. 4, 5, Sch. Pt. II

F6Words in s. 5(1)(b)(ii) substituted (15.6.2001 for specified purposes and 1.1.2002 for E. and 21.1.2002 for specified purposes and otherwise 1.4.2002 for W.) by 2001 c. 10, s. 42(1), Sch. 8 para. 17(b)(ii) (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch (as amended (31.8.2001) by S.I. 2001/2614, art. 4); S.I. 2002/74, arts. 4, 5, Sch. Pt. II

F17Words in s. 5(8) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 64(3)(a) (with ss. 1(4), 561, 562, Sch. 39)

F18Words in s. 5(8) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 64(3)(b) (with ss. 1(4), 561, 562, Sch. 39)

F23Definition of "prescribed" in s. 5(9) inserted (15.6.2001 for specified purposes and 1.1.2002 for E., and 21.1.2002 for specified purposes and otherwise 1.4.2002 for W.) by 2001 c. 10, s. 42(1), Sch. 8 para. 18 (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. (as amended (31.8.2001) by S.I. 2001/2614, art. 4); S.I. 2002/74, arts. 4, 5, Sch. Pt. II

F24Words in s. 5(9) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 64(4)(a) (with ss. 1(4), 561, 562, Sch. 39)

F26S. 5(9): in the definition "the responsible authority" paras. (b)(c) substituted for para. (b) (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 91(5)(b); S.I. 1992/831, art. 2, Sch. 3

F27S. 5(9): words in para. (c) in definition of "the responsible authority" substituted (28.7.2000 so far as consequential upon ss. 130, 131, Sch. 8 and 1.4.2001 for all other purposes for E. and 1.4.2001 for all other purposes for W.) by 2000 c. 21, ss. 149, 153(3)(5)(d), Sch. 9 para. 12; S.I. 2001/654, art. 2(2), Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (with transitional provisions and savings in arts. 3, 4)

F29Words in s. 5(9) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 6(a); S.I. 2012/924, art. 2

F32Words in s. 5(9) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 6(b); S.I. 2012/924, art. 2

F34Words in s. 5(9) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 64(4)(b) (with ss. 1(4), 561, 562, Sch. 39)

Modifications etc. (not altering text)

C1S. 5: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Marginal Citations