The Education (Special Educational Needs) (England) (Consolidation) Regulations 2001

Advice to be sought

7.—(1) For the purpose of making an assessment an authority shall seek—

(a) advice from the child’s parent;

(b) educational advice as provided for in regulation 8;

(c) medical advice from the health authority as provided for in regulation 9;

(d) psychological advice as provided for in regulation 10;

(e) advice from the social services authority, and

(f) any other advice which the authority consider appropriate for the purpose of arriving at a satisfactory assessment.

(2) The advice referred to in paragraph (1) shall be written advice relating to—

(a) the educational, medical, psychological or other features of the case (according to the nature of the advice sought) which appear to be relevant to the child’s educational needs (including his likely future needs);

(b) how those features could affect the child’s educational needs, and

(c) the provision which is appropriate for the child in light of those features of the child’s case, whether by way of special educational provision or non-educational provision, but not relating to any matter which is required to be specified in a statement by virtue of section 324(4)(b).

(3) A person from whom the advice referred to in paragraph (1) is sought may in connection therewith consult such persons as it appears to him expedient to consult; and he shall consult such persons, if any, as are specified in the particular case by the authority as persons who have relevant knowledge of, or information relating to, the child.

(4) When seeking the advice referred to in paragraphs (1)(b) to (f) an authority shall provide the person from whom it is sought with copies of—

(a) any representations made by the parent, and

(b) any evidence submitted by, or at the request of, the parent

under section 323(1)(d) or section 329A(3)(d) as the case may be.

(5) The authority need not seek the advice referred to in paragraph (1)(b), (c ), (d), (e) or (f) if—

(a) the authority have obtained advice under paragraph (1)(b), (c ), (d), (e) or (f) respectively within the preceding 12 months, and

(b) the authority, the person from whom the advice was obtained and the child’s parent are satisfied that the existing advice is sufficient for the purpose of arriving at a satisfactory assessment.