Modifications etc. (not altering text)
C1Pt. III (ss. 156-191) applied (with modifications) (E.W.) (9.5.1994) by S.I. 1994/1084, reg. 5
Pt. III (ss. 156-191) modified (E.W.)(28.7.1994) by S.I. 1994/2038, art. 3, Sch. 4 para. 2(6)
Valid from 01/09/1994
(1)Where a local education authority are of the opinion that a child in their area who is under the age of two years falls, or probably falls, within subsection (2) below—
(a)they may, with the consent of his parent, make an assessment of the child’s educational needs, and
(b)they shall make such an assessment at the request of his parent.
(2)A child falls within this subsection if—
(a)he has special educational needs, and
(b)it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.
(3)An assessment under this section shall be made in such manner as the authority consider appropriate.
(4)After making an assessment under this section, the authority—
(a)may make a statement of the child’s special educational needs, and
(b)may maintain that statement,
in such manner as they consider appropriate.
(1)Regulations may prescribe the frequency with which assessments under section 167 of this Act are to be repeated in respect of children for whom statements are maintained under section 168 of this Act.
(2)Where—
(a)the parent of a child for whom a statement is maintained under section 168 of this Act asks the local education authority to arrange for an assessment to be made in respect of the child under section 167 of this Act,
(b)such an assessment has not been made within the period of six months ending with the date on which the request is made, and
(c)it is necessary for the authority to make a further assessment under that section,
the authority shall comply with the request.
(3)If in any case where subsection (2)(a) and (b) above applies the authority determine not to comply with the request—
(a)they shall give notice of that fact and of the effect of paragraph (b) below to the child’s parent, and
(b)the parent may appeal to the Tribunal against the determination.
(4)On an appeal under subsection (3) above the Tribunal may—
(a)dismiss the appeal, or
(b)order the authority to arrange for an assessment to be made in respect of the child under section 167 of this Act.
(5)A statement under section 168 of this Act shall be reviewed by the local education authority—
(a)on the making of an assessment in respect of the child concerned under section 167 of this Act, and
(b)in any event, within the period of twelve months beginning with the making of the statement or, as the case may be, with the previous review.
(6)Regulations may make provision—
(a)as to the manner in which reviews of such statements are to be conducted,
(b)as to the participation in such reviews of such persons as may be prescribed, and
(c)in connection with such other matters relating to such reviews as the Secretary of State considers appropriate.
Commencement Information
I57S. 172 wholly in force at 1.9.1994; s. 168 not in force at Royal Assent see s. 308(3); s. 172(1)(6) in force at 3.3.1994 by S.I. 1994/507, art. 2, Sch. 1 and S. 172(2)-(5) in force at 1.9.1994 by S.I. 1994/2038, art. 3 Sch. 2
Modifications etc. (not altering text)
C1Pt. III (ss. 156-191) applied (with modifications) (E.W.) (9.5.1994) by S.I. 1994/1084, reg. 5
Pt. III (ss. 156-191) modified (E.W.)(28.7.1994) by S.I. 1994/2038, art. 3, Sch. 4 para. 2(6)
Modifications etc. (not altering text)
C141Pt. III (ss. 156-191) applied (with modifications) (E.W.) (9.5.1994) by S.I. 1994/1084, reg. 5
Pt. III (ss. 156-191) modified (E.W.)(28.7.1994) by S.I. 1994/2038, art. 3, Sch. 4 para. 2(6)
(1)For the purposes of the Education Acts, a child has “special educational needs” if he has a learning difficulty which calls for special educational provision to be made for him.
(2)For the purposes of this Act, subject to subsection (3) below, a child has a “learning difficulty” if—
(a)he has a significantly greater difficulty in learning than the majority of children of his age,
(b)he has a disability which either prevents or hinders him from making use of educational facilities of a kind generally provided for children of his age in schools within the area of the local education authority, or
(c)he is under the age of five years and is, or would be if special educational provision were not made for him, likely to fall within paragraph (a) or (b) when over that age.
(3)A child is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.
(4)In the Education Acts, “special educational provision” means—
(a)in relation to a child who has attained the age of two years, educational provision which is additional to, or otherwise different from, the educational provision made generally for children of his age in schools maintained by the local education authority (other than special schools) or grant-maintained schools in their area, and
(b)in relation to a child under that age, educational provision of any kind.
(5)In this Part of this Act, “child” includes any person who has not attained the age of nineteen years and is a registered pupil at a school.
(1)The Secretary of State shall issue, and may from time to time revise, a code of practice giving practical guidance in respect of the discharge by local education authorities and the governing bodies of maintained or grant-maintained schools, or grant-maintained special schools, of their functions under this Part of this Act.
(2)It shall be the duty of—
(a)local education authorities, and such governing bodies, exercising functions under this Part of this Act, and
(b)any other person exercising any function for the purpose of the discharge by local education authorities, and such governing bodies, of functions under this Part of this Act,
to have regard to the provisions of the code.
(3)On any appeal, the Tribunal shall have regard to any provision of the code which appears to the Tribunal to be relevant to any question arising on the appeal.
(4)The Secretary of State shall publish the code as for the time being in force.
(1)Where the Secretary of State proposes to issue or revise a code of practice, he shall prepare a draft of the code (or revised code).
(2)The Secretary of State shall consult such persons about the draft as he thinks fit and shall consider any representations made by them.
(3)If he determines to proceed with the draft (either in its original form or with such modifications as he thinks fit) he shall lay it before both Houses of Parliament.
(4)If the draft is approved by resolution of each House, the Secretary of State shall issue the code in the form of the draft and the code shall come into effect on such day as the Secretary of State may by order appoint.
Subordinate Legislation Made
P3POwer conferred by s. 158(4) exercised: 1.9.1994 appointed by S.I. 1994/1414, art. 2
A local education authority shall keep under review the arrangements made by them for special educational provision and, in doing so, shall, to the extent that it appears necessary or desirable for the purpose of co-ordinating provision for children with special educational needs, consult the funding authority and the governing bodies of county, voluntary, maintained special and grant-maintained schools in their area.
Valid from 01/09/1994
(1)Any person exercising any functions under this Part of this Act in respect of a child with special educational needs who should be educated in a school shall secure that, if the conditions mentioned in subsection (2) below are satisfied, the child is educated in a school which is not a special school unless that is incompatible with the wishes of his parent.
(2)The conditions are that educating the child in a school which is not a special school is compatible with—
(a)his receiving the special educational provision which his learning difficulty calls for,
(b)the provision of efficient education for the children with whom he will be educated, and
(c)the efficient use of resources.
(1)The governing body, in the case of a county, voluntary or grant-maintained school, and the local education authority, in the case of a maintained nursery school, shall—
(a)use their best endeavours, in exercising their functions in relation to the school, to secure that if any registered pupil has special educational needs the special educational provision which his learning difficulty calls for is made,
(b)secure that, where the responsible person has been informed by the local education authority that a registered pupil has special educational needs, those needs are made known to all who are likely to teach him, and
(c)secure that the teachers in the school are aware of the importance of identifying, and providing for, those registered pupils who have special educational needs.
(2)In subsection (1)(b) above, “the responsible person” means—
(a)in the case of a county, voluntary or grant-maintained school, the head teacher or the appropriate governor (that is, the chairman of the governing body or, where the governing body have designated another governor for the purposes of this paragraph, that other governor), and
(b)in the case of a nursery school, the head teacher.
(3)To the extent that it appears necessary or desirable for the purpose of co-ordinating provision for children with special educational needs—
(a)the governing bodies of county, voluntary and grant-maintained schools shall, in exercising functions relating to the provision for such children, consult the local education authority, the funding authority and the governing bodies of other such schools, and
(b)in relation to maintained nursery schools, the local education authority shall, in exercising those functions, consult the funding authority and the governing bodies of county, voluntary and grant-maintained schools.
(4)Where a child who has special educational needs is being educated in a county, voluntary or grant-maintained school or a maintained nursery school, those concerned with making special educational provision for the child shall secure, so far as is reasonably practicable and is compatible with—
(a)the child receiving the special educational provision which his learning difficulty calls for,
(b)the provision of efficient education for the children with whom he will be educated, and
(c)the efficient use of resources,
that the child engages in the activities of the school together with children who do not have special educational needs.
(5)The annual report for each county, voluntary, maintained special or grant-maintained school shall include a report containing such information as may be prescribed about the implementation of the governing body’s policy for pupils with special educational needs; and in this subsection “annual report” means the report prepared under the articles of government for the school in accordance with section 30 of the M193Education (No. 2) Act 1986 or, as the case may be, paragraph 8 of Schedule 6 to this Act.
Modifications etc. (not altering text)
C142S. 161(5) modified (1.1.1994) by S.I. 1993/3103, reg. 2, Sch. 1 Pt.I para.5
S. 161(5) appled (with modificatons) (1.9.1994) by S.I. 1994/1048, reg. 6(b)
S. 161(5) applied (with modifications) (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I
Commencement Information
I52S. 161 wholly in force at 1.4.1994; s. 161 not in force at Royal Assent see s. 308(3); s. 161(5) in force at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1;s. 161 in force at 1.4.1994 insofar as not already in force by S.I. 1994/507, art. 3(1)
Marginal Citations
(1)A local education authority may for the purpose only of assisting—
(a)the governing bodies of county, voluntary or grant-maintained schools in their or any other area in the performance of the governing bodies’ duties under section 161(1)(a) of this Act, or
(b)the governing bodies of maintained or grant-maintained special schools in their or any other area in the performance of the governing bodies’ duties,
supply goods or services to them.
(2)The terms on which goods or services are supplied by local education authorities to the governing bodies of grant-maintained schools or grant-maintained special schools, or to the governing bodies of county, voluntary or maintained special schools in any other area, under this section may, in such circumstances as may be prescribed, include such terms as to payment as may be prescribed.
(3)This section is without prejudice to the generality of any other power of local education authorities to supply goods or services.
(1)Where a local education authority are satisfied that it would be inappropriate for the special educational provision (or any part of the special educational provision) which a learning difficulty of a child in their area calls for to be made in a school, they may arrange for the provision (or, as the case may be, for that part of it) to be made otherwise than in a school.
(2)Before making an arrangement under this section, a local education authority shall consult the child’s parent.
Valid from 01/09/1994
(1)A local education authority may make such arrangements as they think fit to enable a child for whom they maintain a statement under section 168 of this Act to attend an institution outside England and Wales which specialises in providing for children with special needs.
(2)In subsection (1) above, “children with special needs” means children who have particular needs which would be special educational needs if those children were in England and Wales.
(3)Where a local education authority make arrangements under this section in respect of a child, those arrangements may in particular include contributing to or paying—
(a)fees charged by the institution,
(b)expenses reasonably incurred in maintaining him while he is at the institution or travelling to or from it,
(c)his travelling expenses, and
(d)expenses reasonably incurred by any person accompanying him while he is travelling or staying at the institution.
(4)This section is without prejudice to any other powers of a local education authority.
(1)There shall be established a tribunal, to be known as the Special Educational Needs Tribunal (referred to in this Part of this Act as “the Tribunal”), to exercise the jurisdiction conferred on it by this Part of this Act.
(2)There shall be appointed—
(a)a President of the Tribunal (referred to in this Part of this Act as “the President”),
(b)a panel of persons (referred to in this Part of this Act as “the chairmen’s panel”) who may serve as chairman of the Tribunal, and
(c)a panel of persons (referred to in this Part of this Act as “the lay panel”) who may serve as the other two members of the Tribunal apart from the chairman.
(3)The President and the members of the chairmen’s panel shall each be appointed by the Lord Chancellor.
(4)The members of the lay panel shall each be appointed by the Secretary of State.
(5)Regulations may—
(a)provide for the jurisdiction of the Tribunal to be exercised by such number of tribunals as may be determined from time to time by the President, and
(b)make such other provision in connection with the establishment and continuation of the Tribunal as the Secretary of State considers necessary or desirable.
(6)The Secretary of State may, with the consent of the Treasury, provide such staff and accommodation as the Tribunal may require.
Commencement Information
I53S. 177 wholly in force at 1.9.1994; s. 177 not in force at Royal Assent see s. 308(3); s. 177(2)-(6) in force at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; s. 177(1) in force at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2
(1)No person may be appointed President or member of the chairmen’s panel unless he has a seven year general qualification (within the meaning of section 71 of the M194Courts and Legal Services Act 1990).
(2)No person may be appointed member of the lay panel unless he satisfies such requirements as may be prescribed.
(3)If, in the opinion of the Lord Chancellor, the President is unfit to continue in office or is incapable of performing his duties, the Lord Chancellor may revoke his appointment.
(4)Each member of the chairmen’s panel or lay panel shall hold and vacate office under the terms of the instrument under which he is appointed.
(5)The President or a member of the chairmen’s panel or lay panel—
(a)may resign office by notice in writing to the Lord Chancellor or (as the case may be) the Secretary of State, and
(b)is eligible for re-appointment if he ceases to hold office.
Marginal Citations
(1)The Secretary of State may pay to the President, and to any other person in respect of his service as a member of the Tribunal, such remuneration and allowances as he may, with the consent of the Treasury, determine.
(2)The Secretary of State may defray the expenses of the Tribunal to such amount as he may, with the consent of the Treasury, determine.
(1)Regulations may make provision about the proceedings of the Tribunal on an appeal under this Part of this Act and the initiation of such an appeal.
(2)The regulations may, in particular, include provision—
(a)as to the period within which, and the manner in which, appeals are to be instituted,
(b)where the jurisdiction of the Tribunal is being exercised by more than one tribunal—
(i)for determining by which tribunal any appeal is to be heard, and
(ii)for the transfer of proceedings from one tribunal to another,
(c)for enabling any functions which relate to matters preliminary or incidental to an appeal to be performed by the President, or by the chairman,
(d)for the holding of hearings in private in prescribed circumstances,
(e)for hearings to be conducted in the absence of any member, other than the chairman,
(f)as to the persons who may appear on behalf of the parties,
(g)for granting any person such discovery or inspection of documents or right to further particulars as might be granted by a county court,
(h)requiring persons to attend to give evidence and produce documents,
(i)for authorising the administration of oaths to witnesses,
(j)for the determination of appeals without a hearing in prescribed circumstances,
(k)as to the withdrawal of appeals,
(l)for the award of costs or expenses,
(m)for taxing or otherwise settling any such costs or expenses (and, in particular, for enabling such costs to be taxed in the county court),
(n)for the registration and proof of decisions and orders, and
(o)for enabling the Tribunal to review its decisions, or revoke or vary its orders, in such circumstances as may be determined in accordance with the regulations.
(3)The Secretary of State may pay such allowances for the purpose of or in connection with the attendance of persons at the Tribunal as he may with the consent of the Treasury determine.
(4)The M195Arbitration Act 1950 shall not apply to any proceedings before the Tribunal but regulations may make provision corresponding to any provision of that Act.
(5)Any person who without reasonable excuse fails to comply with—
(a)any requirement in respect of the discovery or inspection of documents imposed by the regulations by virtue of subsection (2)(g) above, or
(b)any requirement imposed by the regulations by virtue of subsection (2)(h) above,
is guilty of an offence.
(6)A person guilty of an offence under subsection (5) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Commencement Information
I54S. 180 wholly in force at 1.9.1994 ; s. 180 not in force at Royal Assent see s. 308(3); s. 180(1)(2) in force at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1 and s. 180(3)(5)(6) in force at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2
Marginal Citations
(1)In paragraph 15 of Part I of Schedule 1 to the M196Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals), after sub-paragraph (d) there is inserted—
“(e)the Special Educational Needs Tribunal constituted under section 177 of the Education Act 1993”.
(2)In section 11(1) of that Act (appeals from certain tribunals), for “15(a) or (d)” there is substituted “ 15(a), (d) or (e) ”.
Marginal Citations
(1)A school which is specially organised to make special educational provision for pupils with special educational needs and is for the time being approved by the Secretary of State under section 188 of this Act shall be known as a special school.
(2)A special school maintained by a local education authority shall be known as a maintained special school.
(3)A special school conducted by a governing body incorporated in pursuance of proposals for the purpose—
(a)made by the funding authority under section 183 of this Act, or
(b)made under section 186 of this Act,
shall be known as a grant-maintained special school.
(4)Schedule 11 to this Act (which provides for the government and conduct of grant-maintained special schools) shall have effect.
Commencement Information
I55S. 182 wholly in force at 1.4.1994; s. 182 not in force at Royal Assent see s. 308(3); s. 182(4) in force at 1.1.1994 so far as it relates to Sch. 11 para. 14 by S.I. 1993/3106, art. 4, Sch. 1; s. 182(1)-(3) in force for specified purposes at 3.3.1994 by S.I. 1994/507, art. 2, Sch. 1; s. 182 in force at 1.4.1994 for all remaining purposes by S.I. 1994/507, art. 4, Sch. 2
(1)The funding authority may establish in the area of any local education authority a school which is specially organised to make special educational provision for pupils with special educational needs if—
(a)an order under section 12(1) of this Act applies to the area, and
(b)the school is intended to provide relevant education for pupils in the area, whether or not it also provides other education or education for pupils from outside the area.
(2)Where a local education authority intend—
(a)to establish a school which is specially organised to make special educational provision for pupils with special educational needs,
(b)to make any prescribed alteration to a maintained special school, or
(c)to discontinue such a school,
they shall serve under subsection (6) below notice of their proposals.
(3)Where the funding authority—
(a)intend to establish a school which is specially organised to make special educational provision for pupils with special educational needs,
(b)are of the opinion that any prescribed alteration should be made to a grant-maintained special school, or
(c)are of the opinion that such a school should be discontinued,
and an order under section 12(1) of this Act applies to the area concerned, they shall serve under subsection (6) below notice of their proposals.
(4)Where the governing body of a grant-maintained special school intend—
(a)to make any prescribed alteration to the school, or
(b)to discontinue the school,
they shall serve under subsection (6) below notice of their proposals.
(5)Except in pursuance of proposals under this section approved under section 184 of this Act—
(a)a local education authority or the funding authority may not establish a school which is specially organised to make special educational provision for pupils with special educational needs,
(b)no prescribed alteration may be made to a maintained or grant-maintained special school, and
(c)a maintained or grant-maintained special school may not be discontinued.
(6)Notice for the purposes of subsections (2) to (4) above shall be served on—
(a)the Secretary of State, and
(b)such other persons as may be prescribed,
and shall give such information as may be prescribed.
(7)If the proposals are approved under section 184 of this Act, the body which served the notice or, in the case of proposals under subsection (3)(b) or (c) above, the governing body of the school shall implement them.
(8)If proposals under subsection (3)(a) above are so approved, a governing body of the school shall be incorporated on such date as may be specified in the proposals (referred to in this Part of this Act as the “incorporation date”).
(9)In relation to the establishment of a school in pursuance of proposals under subsection (3)(a) above, regulations may apply any provision of Chapter IV or V of Part II of this Act with or without modification.
(10)In this Part of this Act—
(a)references to the discontinuance of a maintained special school are to the local education authority ceasing to maintain it, and
(b)references to an alteration to a school include the transfer of the school to a new site.
Modifications etc. (not altering text)
C143Ss. 183-185 applied (2.10.1995) by S.I. 1995/2368, reg. 3
C144S. 183(2)(a)(6) extended by S.I. 1994/507, art. 4, Sch. 3 Pt. II para. 5(1)
C145S. 183(2)(b)(6) modified by S.I. 1994/507, art. 4, Sch. 3 Pt. II para. 5(2)
C146S. 183(2)(b)(c) restricted (9.5.1994) by S.I. 1994/1084, reg. 6
C147S. 183(3)(b)(c)(4)(b)(5)(c) excluded (9.5.1994) by S.I. 1994/1084, reg. 7
C148S. 183(4)(5)(b)(c) applied (1.5.1994) by S.I. 1994/1041, reg. 45(1)
C149S. 183(6) applied (1.5.1994) by S.I. 1994/1041, reg. 45(2)
(1)Before a body serve notice of any proposals under section 183 of this Act they shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection, the body shall have regard to any guidance given from time to time by the Secretary of State.
(2)Any person may, within such period (which shall not be less than two months beginning with the date on which the notice is served) as may be specified in the notice under that section, submit objections to the proposals to the body which served the notice.
(3)Within one month after the end of the period for making objections specified in the last notice to be served under that section, the body which served the notice shall transmit to the Secretary of State copies of all objections which have been duly made (and not withdrawn in writing), together with their observations on them.
(4)The Secretary of State may, after considering the proposals, any objections to the proposals and any observations on the objections, reject the proposals, approve them without modification or, after consulting the body which served notice of them and, in the case of proposals under section 183(3)(b) or (c) of this Act, the governing body, approve them with such modifications as he thinks desirable.
(5)The Secretary of State may modify any proposals required under section 183 of this Act to be implemented—
(a)in the case of proposals under section 183(3)(b) or (c) of this Act—
(i)at the request of the governing body, or
(ii)at the request of the funding authority and after consulting the governing body, or
(b)in any other case, at the request of the body which served notice of the proposals.
(6)References in this Part of this Act to proposals under section 183 of this Act, in any case where the Secretary of State has modified such proposals in pursuance of this section, are to the proposals as so modified.
(7)Service of a notice under that section which is sent by post in accordance with section 113 of the M197Education Act 1944 (notices) shall be taken to have been effected on the second day after the day on which the notice is posted.
Modifications etc. (not altering text)
C150S. 184 applied (1.5.1994) by S.I. 1994/1041, reg. 45(2)
Ss. 183-185 applied (2.10.1995) by S.I. 1995/2368, reg. 3
C151S. 184(1)-(6) modified by S.I. 1994/507, art. 4, Sch. 3 Pt. II para. 5(1)
S. 184(1)-(6) modified by S.I. 1994/507, art. 4, Sch. 3 Pt. II para. 5(2)
C152S. 184(5) applied (1.4.1994) by S.I. 1994/653, reg. 6(2)
Marginal Citations
(1)Where a body serve under section 183(6) of this Act notice of proposals for the establishment of a school which is specially organised to make special educational provision for pupils with special educational needs, they shall submit to the Secretary of State the particulars in respect of the proposed premises of the school mentioned in subsection (3) below.
(2)Where a body serve under section 183(6) of this Act notice of proposals for making a prescribed alteration to a special school, they shall if the Secretary of State so directs submit to him the particulars in respect of the premises or proposed premises of the school mentioned in subsection (3) below.
(3)The particulars are—
(a)particulars of the provision made or to be made in respect of the means of access to and within the premises or proposed premises of the school, and
(b)such other particulars in respect of the premises or proposed premises of the school as the Secretary of State may require,
and they shall be submitted at such time and in such form and manner as the Secretary of State may direct.
(4)The particulars submitted under subsection (3)(a) above shall indicate the extent to which the provision referred to conforms with the minimum requirements, so far as they are relevant to school premises, of—
(a)Design Note 18 “Access for Disabled People to Educational Buildings” published in 1984 on behalf of the Secretary of State, or
(b)if that Note has been replaced by a document prescribed by regulations made or having effect as if made under the M198Town and Country Planning Act 1990, that document.
(5)Particulars submitted under this section in respect of the premises or proposed premises of the school require the approval of the Secretary of State.
(6)Where any proposals falling within subsection (1) or (2) above are required to be implemented, they shall be implemented in accordance with any particulars approved under this section.
Modifications etc. (not altering text)
C153S. 185 modified by S.I. 1994/507, art. 4, Sch. 3 Pt. II para. 5(1)
S. 185 modified by S.I. 1994/507, art. 4, Sch. 3 Pt. II para. 5(2)
Ss. 183-185 applied (2.10.1995) by S.I. 1995/2368, reg. 3
C154S. 185(2)-(6) applied (1.5.1994) by S.I. 1994/1041, reg. 45(3)
Marginal Citations
(1)Regulations may make provision for maintained special schools, or any class or description of such schools, to cease to be maintained by the local education authority and become grant-maintained special schools.
(2)Regulations shall require, before a maintained special school becomes a grant-maintained special school in pursuance of the regulations—
(a)the submission to the Secretary of State of proposals for the purpose by the governing body of the school, and
(b)the approval of such proposals, as originally submitted or as modified by the Secretary of State (whether before or after they are approved).
(3)If the proposals are so approved, a governing body of the school shall be incorporated in accordance with Schedule 11 to this Act on the date of approval (referred to in this Part of this Act as the “incorporation date”).
(4)Regulations made for the purposes of this section may apply any provision of—
(a)Chapter II, III or V of Part II of this Act,
(b)section 184 of this Act, or
(c)section 273 of this Act,
with or without modification.
Commencement Information
I56S. 186 wholly in force at 1.4.1994; s. 186 not in force at Royal Assent see s. 308(3); s. 186(1)(2)(4) in force at 3.3.1994 and s. 186(3) in force at 1.4.1994 by S.I. 1994/507, arts. 2, 4, Sch. 1, Sch. 2
(1)Regulations may modify the provisions of Chapter IX of Part II of this Act for the purpose of securing that—
(a)two or more grant-maintained special schools, or one or more grant-maintained special schools together with one or more grant-maintained schools, may be conducted as a group by a single governing body,
(b)a special school maintained by a local education authority may cease to be so maintained and may be conducted by a governing body incorporated under that Chapter, and
(c)a grant-maintained special school may become a member of a group of schools conducted by such a governing body,
and that, where a group of schools including one or more special schools is conducted by such a governing body, the governing body are appropriately constituted.
(2)Regulations made for the purpose mentioned in subsection (1) above may modify sections 183 to 185 and 188 of this Act and Schedule 11 to this Act.
(3)Where that Chapter applies to special schools by virtue of regulations—
(a)section 22(1) of this Act shall not be read as applying to such schools,
(b)a special school conducted by a governing body incorporated under that Chapter shall be known as a grant-maintained special school, and
(c)references in Chapter I of Part V of this Act to a group of grant-maintained schools include a group of one or more grant-maintained special schools together with one or more grant-maintained schools.
Modifications etc. (not altering text)
C155S. 187 modified (1.1.1994) by S.I. 1993/3103, reg. 2, Sch. 1 Pt. 1 para.6
S. 187 excluded (9.5.1994) by S.I. 1994/1084, reg. 7
(1)The Secretary of State may approve any school which is specially organised to make special educational provision for pupils with special educational needs, not being a maintained or grant-maintained school, and may give his approval before or after the school is established.
(2)Regulations may make provision as to the requirements which are to be complied with as a condition of approval under subsection (1) above.
(3)Any school which—
(a)is established in pursuance of proposals approved under section 184 of this Act, or
(b)immediately before the coming into force of this section, is a special school,
shall be treated, subject to subsection (4) below, as approved under this section.
(4)Regulations may make provision as to—
(a)the requirements which are to be complied with by a school while approved under this section, and
(b)the withdrawal of approval from a school (including approval treated as given under subsection (3) above) at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.
(5)Without prejudice to the generality of subsections (2) and (4) above, the requirements which may be imposed by the regulations include requirements—
(a)which call for arrangements to be approved by the Secretary of State, or
(b)as to the organisation of any special school as a primary school or as a secondary school.
(6)Regulations shall make provision for securing that, so far as practicable, every pupil attending a special school—
(a)receives religious education and attends religious worship, or
(b)is withdrawn from receiving such education or from attendance at such worship in accordance with the wishes of his parent.
(7)Where approval is withdrawn from a maintained special school or grant-maintained special school, the local education authority or, as the case may be, the governing body shall serve under section 183 of this Act notice of their proposals to discontinue the school.
(8)For the purposes of proposals made under subsection (7) above—
(a)that section shall have effect as if the school had not ceased to be a special school on the withdrawal of the approval, and
(b)section 184 of this Act shall have effect as if subsections (1) to (3), and the reference in subsection (4) to the rejection of proposals, were omitted.
Modifications etc. (not altering text)
C156S. 188(7)(8) applied (1.5.1994) by S.I. 1994/1041, reg. 45(4)
C157S. 188(7) excluded (9.5.1994) by S.I. 1994/1084, reg. 7
(1)The Secretary of State may approve an independent school as suitable for the admission of children for whom statements are maintained under section 168 of this Act.
(2)Regulations may make provision as to—
(a)the requirements which are to be complied with by a school as a condition of its approval under this section,
(b)the requirements which are to be complied with by a school while an approval under this section is in force in respect of it, and
(c)the withdrawal of approval from a school at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.
(3)An approval under this section may be given subject to such conditions (in addition to those prescribed) as the Secretary of State sees fit to impose.
(4)In any case where there is a failure to comply with such a condition imposed under subsection (3) above, the Secretary of State may withdraw his approval.
(5)No person shall so exercise his functions under this Part of this Act that a child with special educational needs is educated in an independent school unless—
(a)the school is for the time being approved by the Secretary of State as suitable for the admission of children for whom statements are maintained under section 168 of this Act, or
(b)the Secretary of State consents to the child being educated there.
Prospective
(1)Subsection (2) below applies where—
(a)special educational provision in respect of a child with special educational needs is made at a school which is not a maintained school, and
(b)either the name of the school is specified in a statement in respect of the child under section 168 of this Act or the local education authority are satisfied that his interests require the necessary special educational provision to be made for him at a school which is not a maintained school and that it is appropriate for the child to be provided with education at the particular school.
(2)Where this subsection applies, the local education authority shall—
(a)pay the whole of the fees payable in respect of the education provided for him at the school, and
(b)if board and lodging are provided for the child at the school and the authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless the board and lodging are also provided, pay the whole of the fees payable in respect of the board and lodging.
(3)In this section, “maintained school” means—
(a)a school maintained by a local education authority,
(b)a grant-maintained school, and
(c)a grant-maintained special school.
Modifications etc. (not altering text)
C141Pt. III (ss. 156-191) applied (with modifications) (E.W.) (9.5.1994) by S.I. 1994/1084, reg. 5
Pt. III (ss. 156-191) modified (E.W.)(28.7.1994) by S.I. 1994/2038, art. 3, Sch. 4 para. 2(6)
Modifications etc. (not altering text)
C158Pt. III (ss. 156-191) applied (with modifications) (E.W.) (9.5.1994) by S.I. 1994/1084, reg. 5
Pt. III (ss. 156-191) modified (E.W.)(28.7.1994) by S.I. 1994/2038, art. 3, Sch. 4 para. 2(6)
Valid from 01/09/1994
(1)Where a local education authority are of the opinion that a child in their area who is under the age of two years falls, or probably falls, within subsection (2) below—
(a)they may, with the consent of his parent, make an assessment of the child’s educational needs, and
(b)they shall make such an assessment at the request of his parent.
(2)A child falls within this subsection if—
(a)he has special educational needs, and
(b)it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.
(3)An assessment under this section shall be made in such manner as the authority consider appropriate.
(4)After making an assessment under this section, the authority—
(a)may make a statement of the child’s special educational needs, and
(b)may maintain that statement,
in such manner as they consider appropriate.
Modifications etc. (not altering text)
C158Pt. III (ss. 156-191) applied (with modifications) (E.W.) (9.5.1994) by S.I. 1994/1084, reg. 5
Pt. III (ss. 156-191) modified (E.W.)(28.7.1994) by S.I. 1994/2038, art. 3, Sch. 4 para. 2(6)