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Education Act 1996

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Commencement Orders bringing legislation that affects this Act into force:

Part IVE+W Special educational needs

Chapter IE+W Children with special educational needs

IntroductoryE+W

312 Meaning of “special educational needs” and “special educational provision” etc.E+W

(1)A child has “special educational needs” for the purposes of this Act if he has a learning difficulty which calls for special educational provision to be made for him.

(2)Subject to [F1subsections (3) and (3A)] a child has a “learning difficulty” for the purposes of this Act 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 [F2local authority] , or

(c)he is under [F3compulsory school age] and is, or would be if special educational provision were not made for him, likely to fall within paragraph (a) or (b) when of F4. . . 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.

[F5(3A)Subsection (2) does not apply—

(a)for the purposes of sections 15ZA, 15A, 15B and 507B, or

(b)for the purposes of sections 18A and 562H (except for the purpose of determining, for the purposes of those sections, whether a child has special educational needs).]

(4)In this Act “special educational provision” means—

(a)in relation to a child who has attained the age of two, 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 [F2local authority] (other than special schools) F6. . ., and

(b)in relation to a child under that age, educational provision of any kind.

(5)In this Part—

  • child” includes any person who has not attained the age of 19 and is a registered pupil at a school;

  • [F7maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital.]

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Amendments (Textual)

F3Words in s. 312(2)(c) substituted (1.8.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 23(a); S.I. 1998/386, art. 2, Sch. 1 Pt. III

F4Words in s. 312(2)(c) repealed (1.8.1998) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 23(b), Sch. 8; S.I. 1998/386, art. 2, Sch. 1 Pt. III

F6Words in s. 312(4)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 71(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F7Words in s. 312(5) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 71(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

[F8312AChildren subject to detentionE+W

(1)No provision of, or made under, this Part applies in relation to a child who is subject to a detention order and detained in relevant youth accommodation.

(2)The following provisions of this section apply where a child who has been subject to a detention order is released having, immediately before release, been detained in relevant youth accommodation.

(3)Subject to subsection (6), a statement which was maintained for the child by a local authority under section 324 immediately before the beginning of the detention is, from the child's release, to be treated as being maintained by that authority under section 324.

(4)In subsection (3) “the beginning of the detention” means—

(a)the beginning of the period of detention in relevant youth accommodation, or

(b)where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period.

(5)For the purposes of subsection (4), it is immaterial whether or not a period of detention is pursuant to a single order.

(6)Where, on the child's release, a local authority (“the new authority”) other than the authority mentioned in subsection (3) (“the old authority”) becomes responsible for the child for the purposes of this Part—

(a)the old authority must transfer the statement to the new authority, and

(b)from the child's release, the statement is to be treated as being maintained by the new authority under section 324.]

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Amendments (Textual)

Code of PracticeE+W

313 Code of Practice.E+W

(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 [F9local authorities] and the governing bodies of [F10maintained schools] [F11 and maintained nursery schools ] of their functions under this Part.

(2)It shall be the duty of—

(a)[F9local authorities], and such governing bodies, exercising functions under this Part, and

(b)any other person exercising any function for the purpose of the discharge by [F9local authorities], and such governing bodies, of functions under this Part,

to have regard to the provisions of the code.

(3)On any appeal under this Part to the Tribunal, 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.

[F12(5)In this Part F13..., “the Tribunal”, in relation to an appeal, means—

(a)where the [F2local authority] concerned is in England, [F14the First-tier Tribunal] ,

(b)where the [F2local authority] concerned is in Wales, the Special Educational Needs Tribunal for Wales.]

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Amendments (Textual)

F10Words in s. 313(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 72 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1

F11Words in s. 313(1) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 36 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Modifications etc. (not altering text)

314 Making and approval of code.E+W

(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.

Special educational provision: generalE+W

315 Review of arrangements.E+W

(1)A [F2local authority] shall keep under review the arrangements made by them for special educational provision.

(2)In doing so the authority shall, to the extent that it appears necessary or desirable for the purpose of co-ordinating provision for children with special educational needs, consult [F15the governing bodies of community, foundation and voluntary and community and foundation special schools [F16and maintained nursery schools ] in their area.].

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Amendments (Textual)

F15Words in s. 315(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.73 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F16Words in s. 315(2) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 37 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

[F17316 Duty to educate children with special educational needs in mainstream schoolsE+W

(1)This section applies to a child with special educational needs who should be educated in a school.

(2)If no statement is maintained under section 324 for the child, he must be educated in a mainstream school.

(3)If a statement is maintained under section 324 for the child, he must be educated in a mainstream school unless that is incompatible with—

(a)the wishes of his parent, or

(b)the provision of efficient education for other children.

(4)In this section and section 316A “mainstream school” means any school other than—

(a)a special school, or

(b)an independent school which is not—

(i)a city technology college,

(ii)a city college for the technology of the arts, or

(iii)[F18an Academy].]

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Amendments (Textual)

F17Ss. 316, 316A substituted (15.6.2001 for certain purposes and otherwise 1.1.2002 for E., 21.1.2002 for certain purposes and otherwise 1.4.2002 for W.) for s. 316 by 2001 c. 10, s. 1 (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, arts. 4, 5, Sch. Pts. I, II

F18Words s. 316(4)(b)(iii) substituted (26.7.2002) by Education Act 2002 (c. 32), ss. 65(3), 216(2), Sch. 7 para. 6(3) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

Modifications etc. (not altering text)

[F20316A Education otherwise than in mainstream schoolsE+W
F19

(1)Section 316 does not prevent a child from being educated in—

(a)an independent school which is not a mainstream school, or

(b)a school approved under section 342,

if the cost is met otherwise than by a [F2local authority].

(2)Section 316(2) does not require a child to be educated in a mainstream school during any period in which—

(a)he is admitted to a special school for the purposes of an assessment under section 323 of his educational needs and his admission to that school is with the agreement of—

(i)the [F2local authority],

(ii)the head teacher of the school or, if the school is in Wales, its governing body,

(iii)his parent, and

(iv)any person whose advice is to be sought in accordance with regulations made under paragraph 2 of Schedule 26;

(b)he remains admitted to a special school, in prescribed circumstances, following an assessment under section 323 at that school;

(c)he is admitted to a special school, following a change in his circumstances, with the agreement of—

(i)the [F2local authority],

(ii)the head teacher of the school or, if the school is in Wales, its governing body, and

(iii)his parent;

(d)he is admitted to a community or foundation special school which is established in a hospital.

(3)Section 316 does not affect the operation of—

(a)section 348, or

(b)paragraph 3 of Schedule 27.

(4)If a [F2local authority] decide—

(a)to make a statement for a child under section 324, but

(b)not to name in the statement the school for which a parent has expressed a preference under paragraph 3 of Schedule 27,

they shall, in making the statement, comply with section 316(3).

(5)A [F2local authority] may, in relation to their mainstream schools taken as a whole, rely on the exception in section 316(3)(b) only if they show that there are no reasonable steps that they could take to prevent the incompatibility.

(6)An authority in relation to a particular mainstream school may rely on the exception in section 316(3)(b) only if it shows that there are no reasonable steps that it or another authority in relation to the school could take to prevent the incompatibility.

(7)The exception in section 316(3)(b) does not permit a governing body to fail to comply with the duty imposed by section 324(5)(b).

(8)An authority must have regard to guidance about section 316 and this section issued—

(a)for England, by the Secretary of State,

(b)for Wales, by the National Assembly for Wales.

(9)That guidance shall, in particular, relate to steps which may, or may not, be regarded as reasonable for the purposes of subsections (5) and (6).

(10)Prescribed”, in relation to Wales, means prescribed in regulations made by the National Assembly for Wales.

(11)Authority”—

(a)in relation to a maintained school [F21 or maintained nursery school] , means each of the following—

(i)the [F2local authority],

(ii)the school’s governing body, and

(b)in relation to F22... a pupil referral unit, means the [F2local authority].]

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Amendments (Textual)

F19S. 316A(2)(c) amendment to earlier affecting provision S.I. 2007/2599, art. 8 (30.9.2010) by The New Woodlands School (Amendment) Order 2010 (S.I. 2010/2196), arts. 1, 2

F20Ss. 316, 316A substituted (15.6.2001 for certain purposes and otherwise 1.1.2002 for E., 21.1.2002 for certain purposes and otherwise 1.4.2002 for W.) for s. 316 by 2001 c. 10, s. 1 (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, arts. 4, 5, Sch. Pts. I, II

F21Words in s. 316A(11)(a) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 38(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F22Words in s. 316A(11)(b) repealed (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 38(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Modifications etc. (not altering text)

C3S. 316A(2) modified (17.12.2007) by The Harbour School Order 2007 (S.I. 2007/3205), arts. 1, 3(a), 5, 6, 10

C4S. 316A(2)(c) modified (temp.) (1.10.2007) by The New Woodlands School Order 2007 (S.I. 2007/2599), arts. 1, 3(a) (with arts. 4, 8)

317 Duties of governing body or [F9local authority] in relation to pupils with special educational needs.E+W

(1)[F23The governing body of a community, foundation or voluntary school or 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 [F2local 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.

[F24(2)In subsection (1)(b) “the responsible person” means 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 subsection, that other governor).]

(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 [F25community, foundation and voluntary schools] [F26 and maintained nursery schools ] shall, in exercising functions relating to the provision for such children, consult the [F2local authority] F27. . . and the governing bodies of other such schools, F28...

F28(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F29(3A)The governing body of a community, foundation or voluntary school or a maintained nursery school shall designate a member of the staff at the school (to be known as the “special educational needs co-ordinator”) as having responsibility for co-ordinating the provision for pupils with special educational needs.

(3B)Regulations may—

(a)require the governing bodies of schools falling within subsection (3A) to ensure that special educational needs co-ordinators have prescribed qualifications or prescribed experience (or both), and

(b)confer on the governing bodies of those schools other functions relating to special educational needs co-ordinators.]

(4)Where a child who has special educational needs is being educated in [F30a community, foundation or voluntary 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.

[F31(5)The governing body of a community, foundation or voluntary school, a maintained nursery school, or a community or foundation special school shall—

(a)in the case of a school in England, prepare a report containing special needs information, and

(b)in the case of a school in Wales, include special needs information in the report prepared under section 30(1) of the Education Act 2002 (governors' report).

(6)In subsection (5) “special needs information” means—

(a)such information as may be prescribed about the implementation of the governing body's policy for pupils with special educational needs, and

(b)information as to—

(i)the arrangements for the admission of disabled persons as pupils at the school,

(ii)the steps taken to prevent disabled pupils from being treated less favourably than other pupils,

(iii)the facilities provided to assist access to the school by disabled pupils, and

(iv)the plan prepared by the governing body under section 28D of the Disability Discrimination Act 1995 (“the 1995 Act”).

(6A)In subsection (6)(b) “disabled person” means a person who is a disabled person for the purposes of the 1995 Act; and section 28Q of the 1995 Act (interpretation) applies for the purposes of subsection (6)(b) as it applies for the purposes of Chapter 1 of Part 4 of that Act.]

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Amendments (Textual)

F23Words in s. 317(1) substituted (1.9.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 39(2) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F24S. 317(2) substituted (1.9.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 39(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F25Words in s. 317(3)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 74(4)(a)(i) (with ss. 138(9), 144(6))S.I. 1999/2323, art. 2(1), Sch. 1

F26Words in s. 317(3)(a) inserted (1.9.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 39(4)(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F28S. 317(3)(b) and word repealed (1.9.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 39(4)(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F30Words in s. 317(4) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 74(5) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F31S. 317(5)-(6A) substituted for s. 317(5)-(7A) (1.9.2005) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 2 (with s. 119); S.I. 2005/2034, art. 5 (with Sch. para. 2)

Modifications etc. (not altering text)

Commencement Information

I1S. 317 wholly in force; s. 317(1)-(5)(7) in force at 1.11.1996 see s. 583(3)(5); s. 317(6) in force at 1.1.1997 by S.I. 1996/2904, art. 2

[F32317A Duty to inform parent where special educational provision madeE+W

(1)This section applies if—

(a)a child for whom no statement is maintained under section 324 is a registered pupil at—

(i)a community, foundation or voluntary school [F33 or a maintained nursery school] , or

(ii)a pupil referral unit,

(b)special educational provision is made for him at the school because it is considered that he has special educational needs, and

(c)his parent has not previously been informed under this section of special educational provision made for him at the school.

(2)If the school is a pupil referral unit, the [F2local authority] must secure that the head teacher informs the child’s parent that special educational provision is being made for him at the school because it is considered that he has special educational needs.

(3)In any other case, the governing body must inform the child’s parent that special educational provision is being made for him there because it is considered that he has special educational needs.]

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Amendments (Textual)

F32S. 317A inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 7(1) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F33Words in s. 317A(1)(a)(i) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 40 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Modifications etc. (not altering text)

318 Provision of goods and services in connection with special educational needs.E+W

(1)A [F2local authority] may, for the purpose only of assisting—

(a)the governing bodies of [F34community, foundation or voluntary schools] [F35 or maintained nursery schools] (in their or any other area) in the performance of the governing bodies’ duties under section 317(1)(a), or

(b)the governing bodies of [F34community or foundation special schools] (in their or any other area) in the performance of the governing bodies’ duties,

supply goods or services to those bodies.

(2)The terms on which goods or services are supplied by [F9local authorities] under [F36this section to the governing bodies of community, foundation or voluntary schools [F37, maintained nursery schools ] or community or foundation special schools in any other area] may, in such circumstances as may be prescribed, include such terms as to payment as may be prescribed.

F38[(3)A [F2local authority] [F39in England] may supply goods and services to any authority [F39in England] or other person (other than a governing body within subsection (1)) for the purpose only of assisting them in making for any child to whom subsection (3A) applies any special educational provision which any learning difficulty of the child calls for.

(3A)This subsection applies to any child—

(a)who is [F40receiving relevant early years education] within the meaning of section 123 of the School Standards and Framework Act 1998, F41...

F41(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F42(3B)A [F2local authority] in Wales may supply goods and services to any authority in Wales or other person (other than a governing body within subsection(1)) for the purpose of assisting them in making for a child any special educational provision which any learning difficulty of the child calls for.]

(4)This section is without prejudice to the generality of any other power of [F9local authorities] to supply goods or services.

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Amendments (Textual)

F34Words in s. 318(1)(a)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 75(2)(a)(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F35Words in s. 318(1) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 41(2) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F36Words in s. 318(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 75(3) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F37Words in s. 318(2) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 41(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F38S. 318(3)(3A) substituted (1.10.1998) for s. 318(3) by 1998 c. 31, ss. 140(1), Sch. 30 para. 75(4) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I

F39S. 318(3): words inserted (19.12.2002) after the word "authority" by virtue of Education Act 2002 (c. 32), ss. 194(2)(a), 216(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1

F40Words in s. 318(3A)(a) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 21; S.I. 2008/2261, art. 2 (with Sch. 1)

F41S. 318(3A)(b) repealed (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

319 Special educational provision otherwise than in schools.E+W

(1)Where a [F2local authority] are satisfied that it would be inappropriate for—

(a)the special educational provision which a learning difficulty of a child in their area calls for, or

(b)any part of any such provision,

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 [F2local authority] shall consult the child’s parent.

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Amendments (Textual)

320 Provision outside England and Wales for certain children.E+W

(1)A [F2local authority] may make such arrangements as they think fit to enable a child for whom they maintain a statement under section 324 to attend an institution outside England and Wales which specialises in providing for children with special needs.

(2)In subsection (1) “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 [F2local 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 [F2local authority].

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Amendments (Textual)

Identification and assessment of children with special educational needsE+W

321 General duty of [F2local authority] towards children for whom they are responsible.E+W

(1)A [F2local authority] shall exercise their powers with a view to securing that, of the children for whom they are responsible, they identify those to whom subsection (2) below applies.

(2)This subsection applies to a child 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)For the purposes of this Part a [F2local authority] are responsible for a child if he is in their area and—

(a)he is a registered pupil at a [F43maintained school] [F44 or maintained nursery school] ,

F45[(b)education is provided for him at a school which is not a maintained school [F44 or maintained nursery school] but is so provided at the expense of the authority,]

(c)he does not come within paragraph (a) or (b) above but is a registered pupil at a school and has been brought to the authority’s attention as having (or probably having) special educational needs, or

(d)he is not a registered pupil at a school but is not under the age of two or over compulsory school age and has been brought to their attention as having (or probably having) special educational needs.

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Amendments (Textual)

F43Words in s. 321(3)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 76(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), SCh. 1

F44Words in s. 321(3)(a)(b) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 42 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F45S. 321(3)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 76(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

322[F46Duty of certain bodies to help local authority.]E+W

(1)Where it appears to a [F2local authority] that [F47another local authority, a Local Health Board or a Primary Care Trust] could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of the [F48board,] authority [F49or trust], specifying the action in question.

(2)An authority [F50, a board] [F51or a trust] whose help is so requested shall comply with the request unless—

(a)they consider that the help requested is not necessary for the purpose of the exercise [F52of those functions by the local authority that made the request] , or

(b)subsection (3) applies.

(3)This subsection applies—

(a)in [F53a case where the request is made] of a [F54Local Health Board] [F55or Primary Care Trust], if that [F56board] [F55or trust]consider that, having regard to the resources available to them for the purpose of the exercise of their functions under the M1 [F57National Health Service Act 2006 or the National Health Service (Wales) Act 2006] , it is not reasonable for them to comply with the request, or

(b)in [F53a case where the request is made] of a local authority, if that authority consider that the request is not compatible with their own statutory or other duties and obligations or unduly prejudices the discharge of any of their functions.

(4)Regulations may provide that, where an authority [F58, a board] [F59or a trust] are under a duty by virtue of subsection (2) to comply with a request to help a [F2local authority] in the making of an assessment under section 323 or a statement under section 324 of this Act, they must, subject to prescribed exceptions, comply with the request within the prescribed period.

F60(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F49Words in s. 322(1) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 32(2)(a)(i)(ii) (with s. 2(5))

F51Words in s. 322(2) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 32(2)(b) (with s. 2(5))

F55Words in s. 322(3)(a) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 32(2)(c)(i)(ii) (with s. 2(5))

F59Words in s. 322(4) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 32(2)(d) (with 2(5))

Marginal Citations

323 Assessment of educational needs.E+W

(1)Where a [F2local authority] are of the opinion that a child for whom they are responsible falls, or probably falls, within subsection (2), they shall serve a notice on the child’s parent informing him—

(a)that they [F61are considering whether] to make an assessment of the child’s educational needs,

(b)of the procedure to be followed in making the assessment,

(c)of the name of the officer of the authority from whom further information may be obtained, and

(d)of the parent’s right to make representations, and submit written evidence, to the authority within such period (which must not be less than 29 days beginning with the date on which the notice is served) as may be specified in the notice.

(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)Where—

(a)a [F2local authority] have served a notice under subsection (1) and the period specified in the notice in accordance with subsection (1)(d) has expired, and

(b)the authority remain of the opinion, after taking into account any representations made and any evidence submitted to them in response to the notice, that the child falls, or probably falls, within subsection (2),

they shall make an assessment of his educational needs.

(4)Where a [F2local authority] decide to make an assessment under this section, they shall give notice in writing to the child’s parent of that decision and of their reasons for making it.

(5)Schedule 26 has effect in relation to the making of assessments under this section.

(6)Where, at any time after serving a notice under subsection (1), a [F2local authority] decide not to assess the educational needs of the child concerned they shall give notice in writing to the child’s parent of their decision.

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Amendments (Textual)

F61Words in s. 323(1)(a) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 11(1) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

324 Statement of special educational needs.E+W

(1)If, in the light of an assessment under section 323 of any child’s educational needs and of any representations made by the child’s parent in pursuance of Schedule 27, it is necessary for the [F2local authority] to determine the special educational provision which any learning difficulty he may have calls for, the authority shall make and maintain a statement of his special educational needs.

(2)The statement shall be in such form and contain such information as may be prescribed.

(3)In particular, the statement shall—

(a)give details of the authority’s assessment of the child’s special educational needs, and

(b)specify the special educational provision to be made for the purpose of meeting those needs, including the particulars required by subsection (4).

(4)The statement shall—

(a)specify the type of school or other institution which the [F2local authority] consider would be appropriate for the child,

(b)if they are not required under Schedule 27 to specify the name of any school in the statement, specify the name of any school or institution (whether in the United Kingdom or elsewhere) which they consider would be appropriate for the child and should be specified in the statement, and

(c)specify any provision for the child for which they make arrangements under section 319 and which they consider should be specified in the statement.

[F62(4A)Subsection (4)(b) does not require the name of a school or institution to be specified if the child’s parent has made suitable arrangements for the special educational provision specified in the statement to be made for the child.]

(5)Where a [F2local authority] maintain a statement under this section, then—

(a)unless the child’s parent has made suitable arrangements, the authority—

(i)shall arrange that the special educational provision specified in the statement is made for the child, and

(ii)may arrange that any non-educational provision specified in the statement is made for him in such manner as they consider appropriate, and

(b)if the name of a [F63maintained school] [F64 or maintained nursery school] is specified in the statement, the governing body of the school shall admit the child to the school.

[F65(5A)Subsection (5)(b) has effect regardless of any duty imposed on the governing body of a school by section 1(6) of the School Standards and Framework Act 1998.]

(6)Subsection (5)(b) does not affect any power to exclude from a school a pupil who is already a registered pupil there.

(7)Schedule 27 has effect in relation to the making and maintenance of statements under this section.

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Amendments (Textual)

F62S. 324(4A) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E., 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 9, 43(4)(c) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F63Words in s. 324(5)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 77(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F64Words in s. 324(5)(b) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 43 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F65S. 324(5A) inserted (1.10.1998) by 1998 c. 31, ss. 140(1), 145(3), Sch. 30 para. 77(b) (with ss. 138(9), 144(6))

Modifications etc. (not altering text)

C11S. 324(5)(b)(5A) applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8

S. 324(5)(b)(5A) applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(a), 2-8

C12S. 324(5)(b)(5A) applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(a)

C13S. 324(5)(b) applied (with modifications) (W.) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))

C14S. 324(5A) applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(a)

C15S. 324(5A) applied (with modifications) (W.) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))

325 Appeal against decision not to make statement.E+W

(1)If, after making an assessment under section 323 of the educational needs of any child for whom no statement is maintained under section 324, the [F2local authority] do not propose to make such a statement, they shall give notice in writing of their decision, F66. . . to the child’s parent.

(2)In such a case, the child’s parent may appeal to the Tribunal against the decision.

[F67(2A)A notice under subsection (1) must inform the parent of the right of appeal under subsection (2) and contain such other information as may be prescribed.

(2B)Regulations may provide that where a [F2local authority] are under a duty under this section to serve any notice, the duty must be performed within the prescribed period.]

(3)On an appeal under this section, the Tribunal may—

(a)dismiss the appeal,

(b)order the [F2local authority] to make and maintain such a statement, or

(c)remit the case to the authority for them to reconsider whether, having regard to any observations made by the Tribunal, it is necessary for the authority to determine the special educational provision which any learning difficulty the child may have calls for.

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Amendments (Textual)

F66Words in s. 325(1) repealed (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1)(6), 43(4)(e), Sch. 8 para. 6(1), Sch. 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614 art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F67Ss. 325(2A)(2B) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, s. 42(1), 43(4)(e), Sch. 8 para. 6(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt II (as amended by 2001/2614 art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

326 Appeal against contents of statement.E+W

[F68(1)The parent of a child for whom a [F2local authority] maintain a statement under section 324 may appeal to the Tribunal—

(a)when the statement is first made,

(b)if an amendment is made to the statement, or

(c)if, after conducting an assessment under section 323, the [F2local authority] determine not to amend the statement.

(1A)An appeal under this section may be against any of the following—

(a)the description in the statement of the [F2local authority]’s assessment of the child’s special educational needs,

(b)the special educational provision specified in the statement (including the name of a school so specified),

(c)if no school is specified in the statement, that fact.]

(2)Subsection (1)(b) does not apply where the amendment is made in pursuance of—

(a)paragraph 8 (change of named school) or 11(3)(b) (amendment ordered by Tribunal) of Schedule 27, or

(b)directions under section 442 (revocation of school attendance order);

and subsection (1)(c) does not apply to a determination made following the service of notice under [F69paragraph 2A] (amendment by [F9local authority]) of Schedule 27 of a proposal to amend the statement.

(3)On an appeal under this section, the Tribunal may—

(a)dismiss the appeal,

(b)order the authority to amend the statement, so far as it describes the authority’s assessment of the child’s special educational needs or specifies the special educational provision, and make such other consequential amendments to the statement as the Tribunal think fit, or

(c)order the authority to cease to maintain the statement.

(4)On an appeal under this section the Tribunal shall not order the [F2local authority] to specify the name of any school in the statement (either in substitution for an existing name or in a case where no school is named) unless—

(a)the parent has expressed a preference for the school in pursuance of arrangements under paragraph 3 (choice of school) of Schedule 27, or

(b)in the proceedings the parent, the [F2local authority], or both have proposed the school.

(5)Before determining any appeal under this section the Tribunal may, with the agreement of the parties, correct any deficiency in the statement.

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Amendments (Textual)

F68S. 326(1)(1A) substituted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 19 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F69Words in s. 326(2) substituted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 20 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Modifications etc. (not altering text)

C16S. 326(3) restricted (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(6), 162 (with s. 159)

[F70326A Unopposed appealsE+W

(1)This section applies if—

(a)the parent of a child has appealed to the Tribunal under section 325, 328, 329 or 329A or paragraph 8(3) of Schedule 27 against a decision of a [F2local authority], and

(b)the authority notifies the Tribunal that they have determined that they will not, or will no longer, oppose the appeal.

(2)The appeal is to be treated as having been determined in favour of the appellant.

(3)If an appeal is treated as determined in favour of the appellant as a result of subsection (2), the Tribunal is not required to make any order.

(4)Before the end of the prescribed period, the authority must—

(a)in the case of an appeal under section 325, make a statement under section 324 of the child’s educational needs,

(b)in the case of an appeal under section 328, 329 or 329A, make an assessment of the child’s educational needs,

(c)in the case of an appeal under paragraph 8(3) of Schedule 27 against a determination of the authority not to comply with the parent’s request, comply with the request.

(5)An authority required by subsection (4)(a) to make a statement under section 324 must maintain the statement under that section.

[F71(6)In this section, “prescribed” means prescribed by regulations made—

(a)in relation to an appeal [F72against a decision of a [F2local authority] in England] , by the Secretary of State,

(b)in relation to an appeal [F73against a decision of a [F2local authority] in Wales, by the Welsh Ministers] .]]

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Amendments (Textual)

F70S. 326A inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 5, 43(4)(b) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

327 Access for [F2local authority] to certain schools.E+W

(1)This section applies where—

(a)a [F2local authority] maintain a statement for a child under section 324, and

F74[(b)in pursuance of the statement education is provided for the child at a school maintained by another [F2local authority] [F75or at an independent school] .]

(2)Any person authorised by the [F2local authority] shall be entitled to have access at any reasonable time to the premises of any such school for the purpose of monitoring the special educational provision made in pursuance of the statement for the child at the school.

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Amendments (Textual)

F74S. 327(1)(b) substituted (1.9.1999) for s. 327(1)(b)(i)-(iii) by 1998 c. 31, s. 140(1), Sch. 30 para.78 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F75Words in s. 327(1)(b) inserted (1.9.2003 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), ss. 173, 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/2961, art. 6, Sch. Pt. III

328 Reviews of educational needs.E+W

(1)Regulations may prescribe the frequency with which assessments under section 323 are to be repeated in respect of children for whom statements are maintained under section 324.

(2)Where—

(a)the parent of a child for whom a statement is maintained under section 324 asks the [F2local authority] to arrange for an assessment to be made in respect of the child under section 323,

(b)no such assessment has 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 section 323,

the authority shall comply with the request.

(3)If in any case where subsection (2)(a) and (b) applies the authority determine not to comply with the request—

(a)they shall give [F76notice in writing of that fact] to the child’s parent, and

(b)the parent may appeal to the Tribunal against the determination.

[F77(3A)A notice under subsection (3)(a) must inform the parent of the right of appeal under subsection (3)(b) and contain such other information as may be prescribed.

(3B)Regulations may provide that where a [F2local authority] are under a duty under this section to serve any notice, the duty must be performed within the prescribed period.]

(4)On an appeal under subsection (3) 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 323.

(5)A statement under section 324 shall be reviewed by the [F2local authority]

(a)on the making of an assessment in respect of the child concerned under section 323, and

[F78(aa)where the child concerned—

(i)has been subject to a detention order, and

(ii)immediately before release was detained in relevant youth accommodation,

on the child's release from detention,]

(b)in any event, within the period of 12 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.

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Amendments (Textual)

F76Words in s. 328(3)(a) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para 7(1) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F77S. 328(3A)(3B) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 7(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

[F79328AAppeal against determination of local authority in England not to amend statement following reviewE+W

(1)This section applies where a local authority in England—

(a)conduct a review of a statement in accordance with section 328(5)(b), and

(b)determine not to amend the statement.

(2)The authority shall give written notice of the determination and of their reasons for making it to the parent of the child concerned.

(3)The parent may appeal to the Tribunal.

(4)Subsections (1A), (3), (4) and (5) of section 326 apply to an appeal under this section as they apply to an appeal under that section, but with the omission of subsection (3)(c).

(5)A notice under subsection (2) must inform the parent of the right of appeal and of the period within which the right may be exercised.

(6)A notice under subsection (2) must be given to the parent within the period of seven days beginning with the day on which the determination is made.]

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Amendments (Textual)

329 Assessment of educational needs at request of child’s parent.E+W

(1)Where—

(a)the parent of a child for whom a [F2local authority] are responsible but for whom no statement is maintained under section 324 asks the authority to arrange for an assessment to be made in respect of the child under section 323,

(b)no such assessment has 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 an assessment under that section,

the authority shall comply with the request.

(2)If in any case where subsection (1)(a) and (b) applies the authority determine not to comply with the request—

(a)they shall give [F80notice in writing of that fact] to the child’s parent, and

(b)the parent may appeal to the Tribunal against the determination.

[F81(2A)A notice under subsection (2)(a) must inform the parent of the right of appeal under subsection (2)(b) and contain such other information as may be prescribed.]

(3)On an appeal under subsection (2) 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 323.

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Amendments (Textual)

F80Words in s. 329(2)(a) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 8(1) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F81S. 329(2A) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 8(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

[F82329A Review or assessment of educational needs at request of responsible bodyE+W

(1)This section applies if—

(a)a child is a registered pupil at a relevant school (whether or not he is a child in respect of whom a statement is maintained under section 324),

(b)the responsible body asks the [F2local authority] to arrange for an assessment to be made in respect of him under section 323, and

(c)no such assessment has been made within the period of six months ending with the date on which the request is made.

(2)If it is necessary for the authority to make an assessment or further assessment under section 323, they must comply with the request.

(3)Before deciding whether to comply with the request, the authority must serve on the child’s parent a notice informing him—

(a)that they are considering whether to make an assessment of the child’s educational needs,

(b)of the procedure to be followed in making the assessment,

(c)of the name of their officer from whom further information may be obtained, and

(d)of the parent’s right to make representations, and submit written evidence, to them before the end of the period specified in the notice (“the specified period”).

(4)The specified period must not be less than 29 days beginning with the date on which the notice is served.

(5)The authority may not decide whether to comply with the request until the specified period has expired.

(6)The authority must take into account any representations made, and any evidence submitted, to them in response to the notice.

(7)If, as a result of this section, a [F2local authority] decide to make an assessment under section 323, they must give written notice to the child’s parent and to the responsible body which made the request, of the decision and of their reasons for making it.

(8)If, after serving a notice under subsection (3), the authority decide not to assess the educational needs of the child—

(a)they must give written notice of the decision and of their reasons for making it to his parent and to the responsible body which made the request, and

(b)the parent may appeal to the Tribunal against the decision.

(9)A notice given under subsection (8)(a) to the child’s parent must—

(a)inform the parent of his right to appeal, and

(b)contain such other information (if any) as may be prescribed.

(10)On an appeal under subsection (8) the Tribunal may—

(a)dismiss it, or

(b)order the authority to arrange for an assessment to be made in respect of the child under section 323.

(11)This section applies to a child for whom [F83relevant early years education] is provided as it applies to a child who is a registered pupil at a relevant school.

(12)Relevant school” means—

(a)a maintained school,

(b)a maintained nursery school,

(c)a pupil referral unit,

(d)an independent school,

(e)a school approved under section 342.

(13)The responsible body” means—

(a)in relation to F84... a pupil referral unit, the head teacher,

(b)in relation to any other relevant school, the proprietor or head teacher, and

(c)in relation to a provider of relevant [F85early years] education, the person or body of persons responsible for the management of the provision of that [F85early years] education.

[F86(14)“Relevant early years education”—

(a)in relation to England, has the same meaning as it has (in relation to England) in section 123 of the School Standards and Framework Act 1998 except that it does not include early years education provided by a [F2local authority] at a maintained nursery school for a pupil at the school;

(b)in relation to Wales, has the same meaning as it has (in relation to Wales) in section 123 of the School Standards and Framework Act 1998 except that it does not include early years education provided by a [F2local authority] at a maintained nursery school.]

(15)Prescribed”, in relation to Wales, means prescribed in regulations made by the National Assembly for Wales.]

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Amendments (Textual)

F82S. 329A inserted (15.6.2001 for certain purposes and 1.1.2002 otherwise for E., 21.1.2002 for certain purposes and 1.4.2002 otherwise for W.) by 2001 c. 10, s. 8 (with s. 43(13)); S.I. 2001/2217, arts, 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, arts. 4, 5, Sch. Pts. I, II

F83Words in s. 329A(11) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 22(2); S.I. 2008/2261, art. 2 (with Sch. 1)

F84Words in s. 329A(13)(a) repealed (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 44, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F85Words in s. 329A(13)(c) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 22(3); S.I. 2008/2261, art. 2 (with Sch. 1)

F86S. 329A(14) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 22(4); S.I. 2008/2261, art. 2 (with Sch. 1)

Modifications etc. (not altering text)

330

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

331 Assessment of educational needs of children under two.E+W

(1)Where a [F2local authority] are of the opinion that a child in their area who is under the age of two falls, or probably falls, within subsection (2)—

(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 if requested to do so by 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.

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Amendments (Textual)

332 Duty of [F87Local Health Board] or National Health Service trust to notify parent etc.E+W

(1)This section applies where a [F88Local Health Board] [F89, a Primary Care Trust] [F90, a National Health Service trust or an NHS foundation trust] , in the course of exercising any of their functions in relation to a child who is under [F91compulsory school age], form the opinion that he has (or probably has) special educational needs.

(2)The [F92Board] or trust—

(a)shall inform the child’s parent of their opinion and of their duty under paragraph (b), and

(b)after giving the parent an opportunity to discuss that opinion with an officer of the [F92Board] or trust, shall bring it to the attention of the appropriate [F2local authority].

(3)If the [F93Board] or trust are of the opinion that a particular voluntary organisation is likely to be able to give the parent advice or assistance in connection with any special educational needs that the child may have, they shall inform the parent accordingly.

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Amendments (Textual)

F89Words in s. 332(1) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 32(3) (with s. 2(5))

F91Words in s. 332(1) substituted (1.8.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 24; S.I. 1998/386, art. 2, Sch. 1 Pt. III

[F94 General duties of [F9local authorities] E+W

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Amendments (Textual)

F94S. 332A and preceding cross-heading inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 2 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

332A Advice and information for parentsE+W

(1)A [F2local authority] must arrange for the parent of any child in their area with special educational needs to be provided with advice and information about matters relating to those needs.

(2)In making the arrangements, the authority must have regard to any guidance given—

(a)for England, by the Secretary of State,

(b)for Wales, by the National Assembly for Wales.

(3)The authority must take such steps as they consider appropriate for making the services provided under subsection (1) known to—

(a)the parents of children in their area,

(b)the head teachers and proprietors of schools in their area, and

(c)such other persons as they consider appropriate.

[F95332B Resolution of disputesE+W

(1)A [F2local authority] must make arrangements with a view to avoiding or resolving disagreements between authorities (on the one hand) and parents of children in their area (on the other) about the exercise by authorities of functions under this Part.

(2)A [F2local authority] must also make arrangements with a view to avoiding or resolving, in each relevant school, disagreements between the parents of a relevant child and the proprietor of the school about the special educational provision made for that child.

(3)The arrangements must provide for the appointment of independent persons with the function of facilitating the avoidance or resolution of such disagreements.

(4)In making the arrangements, the authority must have regard to any guidance given—

(a)for England, by the Secretary of State,

(b)for Wales, by the National Assembly for Wales.

(5)The authority must take such steps as they consider appropriate for making the arrangements made under subsections (1) and (2) known to—

(a)the parents of children in their area,

(b)the head teachers and proprietors of schools in their area, and

(c)such other persons as they consider appropriate.

(6)The arrangements cannot affect the entitlement of a parent to appeal to the Tribunal.

(7)In this section—

  • authorities” means the governing bodies of maintained schools and the [F2local authority],

  • relevant child” means a child who has special educational needs and is a registered pupil at a relevant school.

(8)For the purposes of this section a school is a relevant school in relation to a child if it is—

(a)a maintained school or a maintained nursery school,

(b)a pupil referral unit,

(c)a city technology college, a city college for the technology of the arts or [F96an Academy] ,

(d)an independent school named in the statement maintained for the child under section 324, or

(e)a school approved under section 342.]]

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Amendments (Textual)

F95S. 332B inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 3 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

[F97Information about children with special educational needs(E+W)

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Amendments (Textual)

332CProvision of information(E+W)

(1)The Secretary of State must exercise the relevant powers with a view to securing, in particular, the provision of special needs information which would, in the opinion of the Secretary of State, be likely to assist the Secretary of State or other persons in improving the well-being of children in England with special educational needs.

(2)For the purposes of subsection (1) the relevant powers are the powers of the Secretary of State under the following provisions of this Act (so far as relating to England)—

(a)section 29,

(b)section 408,

(c)section 537,

(d)section 537A,

(e)section 537B, and

(f)section 538.

332DPublication of information(E+W)

(1)The Secretary of State must in each calendar year publish, or arrange to be published, special needs information which has been obtained under this Act and the publication of which would, in the opinion of the Secretary of State, be likely to assist the Secretary of State or other persons in improving the well-being of children in England with special educational needs.

(2)Information published under subsection (1) may be published in such form and manner as the Secretary of State thinks fit provided that the name of the child or children to whom the information relates is not included.

(3)The Secretary of State may make, or arrange for the making of, a charge (not exceeding the cost of supply) for any documents supplied by virtue of this section.

332EInterpretation of sections 332C and 332D(E+W)

(1)This section has effect for the interpretation of sections 332C and 332D.

(2)Child” means a person under the age of 19 (whether or not the person is a registered pupil at a school).

(3)Special needs information” means information about children in England with special educational needs or about special educational provision made for them.

(4)Any reference to the well-being of children with special educational needs is a reference to their well-being so far as relating to—

(a)physical and mental health and emotional well-being;

(b)protection from harm and neglect;

(c)education, training and recreation;

(d)the contribution made by them to society;

(e)social and economic well-being.]

Special Educational Needs TribunalE+W

333 Constitution of [F98Welsh] Tribunal.E+W

F99[F100(1Z)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F101(1ZA)There continues to be a tribunal known as Tribiwnlys Anghenion Addysgol Arbennig Cymru or the Special Educational Needs Tribunal for Wales.

(1ZB)In this section and sections 334 to 336ZB “Welsh Tribunal” means Tribiwnlys Anghenion Addysgol Arbennig Cymru or the Special Educational Needs Tribunal for Wales.]

[F102(1)The [F103Welsh] Tribunal shall exercise the jurisdiction conferred on it by this Part.]

(2)There shall be appointed—

(a)a President of the [F104Welsh] Tribunal (referred to in this Part as “the President”),

(b)a panel of persons (referred to in this Part as “the chairmen’s panel”) who may serve as chairman of the [F104Welsh] Tribunal, and

(c)a panel of persons (referred to in this Part as “the lay panel”) who may serve as the other two members of the [F104Welsh] 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 [F105the Welsh Ministers with the agreement of] the Secretary of State.

(5)[F106Regulations made by the Welsh Ministers with the agreement of the Secretary of State may]

(a)provide for the jurisdiction of the [F107Welsh] 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 [F108Welsh] Tribunal as the [F109Welsh Ministers , with the agreement of the Secretary of State, consider] necessary or desirable.

[F110(6)The Welsh Ministers may provide such staff and accommodation as the Welsh Tribunal may require.]

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Amendments (Textual)

F102S. 333(1) substituted (1.9.2002) by 2001 c. 10, ss. 42(1), 43(3), Sch. 8 para. 3 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Modifications etc. (not altering text)

C19S. 333: transfer of functions (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 1(1), 3(1), 4, 5, Sch. 1 Table 1 (with Sch. 4)

C20S. 333(5)(6) applied (with modifications) (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

334 The President and members of the panels.E+W

(1)No person may be appointed President or member of the chairmen’s panel unless he [F111satisfies the judicial-appointment eligibility condition on a 5-year basis.]

(2)No person may be appointed member of the lay panel unless he satisfies such requirements as may be prescribed [F112in regulations made by the Welsh Ministers with the agreement of the Secretary of State] .

(3)If, in the opinion of the Lord Chancellor [F113 and of the Lord Chief Justice] , the President is unfit to continue in office or is incapable of performing his duties, the Lord Chancellor may [F114, with the concurrence of the Lord Chief Justice, ] 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 [F115Welsh Ministers] , and

(b)is eligible for re-appointment if he ceases to hold office.

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Amendments (Textual)

Modifications etc. (not altering text)

C21S. 334(2) applied (with modifications) (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

[F116335 Remuneration and expenses.E+W

(1)The Welsh Ministers may pay to the President, and to any other person in respect of his service as a member of the Welsh Tribunal, such remuneration and allowances as the Welsh Ministers may determine.

(2)The Welsh Ministers may defray the expenses of the Welsh Tribunal to such amount as they may determine.]

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Amendments (Textual)

Modifications etc. (not altering text)

C22S. 335 applied (with modifications) (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

336 Tribunal procedure.E+W

(1)Regulations [F117made by the Welsh Ministers] may make provision about the proceedings of the [F118Welsh] Tribunal on an appeal under this Part 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 [F119Welsh] 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,

F120(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F121disclosure] 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 [F122circumstances prescribed in the regulations] ,

(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 [F123Welsh] Tribunal to review its decisions, or revoke or vary its orders, in such circumstances as may be determined in accordance with the regulations.

[F124(2A)Proceeding before the [F125Welsh] Tribunal shall be held in private, except in [F126circumstances prescribed in the regulations] .]

[F127(3)The Welsh Ministers may pay such allowances for the purpose of or in connection with the attendance of persons at the Welsh Tribunal as the Welsh Ministers may determine.]

(4)Part I of the M2Arbitration Act 1996 shall not apply to any proceedings before the [F128Welsh] Tribunal but regulations [F129made by the Welsh Ministers] may make provision corresponding to any provision of [F130that Part].

[F131(4A)[F132Regulations made under subsection (1)] may make provision for an appeal under this Part to be heard, in [F133circumstances prescribed in the regulations] , with a claim under Chapter 1 of Part 4 of the Disability Discrimination Act 1995.]

(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), or

(b)any requirement imposed by the regulations by virtue of subsection (2)(h),

is guilty of an offence.

[F134(5A)Any person who without reasonable excuse fails to comply with any requirement which—

(a)is imposed by Tribunal Procedure Rules in relation to appeals under this Part made to the First-Tier Tribunal, and

(b)corresponds to a requirement mentioned in subsection (5)(a) or (b),

is guilty of an offence.]

(6)A person guilty of an offence under subsection (5) [F135or (5A)] is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Amendments (Textual)

F120Section 336(2)(d) repealed (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1)(6), 43(4)(e), Sch. 8 para. 13(2)(a), Sch. 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F121Word in s. 336(2)(g) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 13(2)(b) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F124S. 336(2A) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 13(3) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F130Words in s. 336(4) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 13(4) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Modifications etc. (not altering text)

C23S. 336 applied (with modifications) (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

Marginal Citations

F137[F136336ZA] Special Educational Needs Tribunal for WalesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

[F138336ZB.Appeals from the Welsh Tribunal to the Upper TribunalE+W

(1)A party to any proceedings under this Part before the Welsh Tribunal may appeal to the Upper Tribunal on any point of law arising from a decision made by the Welsh Tribunal in those proceedings.

(2)An appeal may be brought under subsection (1) only if, on an application made by the party concerned, the Welsh Tribunal or the Upper Tribunal has given its permission for the appeal to be brought.

(3)Section 12 of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this section as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the Welsh Tribunal.]

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Amendments (Textual)

[F139336A Compliance with ordersE+W

(1)If the Tribunal makes an order, the [F2local authority] concerned must comply with the order before the end of the prescribed period beginning with the date on which it is made.

[F140(2)In subsection (1), “prescribed” means prescribed by regulations made—

(a)as to orders of [F141the First-tier Tribunal] , by the Secretary of State,

(b)as to orders of [F142the Welsh Tribunal, by the Welsh Ministers] with the agreement of the Secretary of State.]]

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Amendments (Textual)

F139S. 336A inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 4, 43(4)(a) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Chapter IIE+W Schools providing for special educational needs

[F143InterpretationE+W

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Amendments (Textual)

F143 S. 337, 337A and cross-heading substituted for s. 337 and cross-heading (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 142(1), 173(4); S.I. 2010/1093, art. 2(a)

337Special schoolsE+W

A school is a special school if—

(a)it is specially organised to make special educational provision for pupils with special educational needs, and

(b)in the case of a school that is not maintained by a [F2local authority] , it is approved under section 342 [F144or is an Academy] .

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Amendments (Textual)

337AInterpretation of ChapterE+W

In this Chapter—

  • a non-maintained special school” means a school that is approved under section 342;

  • the appropriate national authority” means—

    (a)

    in relation to a school in England, the Secretary of State;

    (b)

    in relation to a school in Wales, the Welsh Ministers.]

Establishment etc. of special schoolsE+W

F145338. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F145S. 338 omitted (1.4.1999) by virtue of 1998 c. 31, s. 140(1), Sch. 30 para. 81 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; ss. 338-341 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 81, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F146339. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F146S. 339 repealed (1.4.1999 so far as relating to the omission of s. 339(2) and certain words in s. 339(4)(a) and 1.9.1999 otherwise) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 81, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1

F147340. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F147S. 340 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.81, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/704, regs. 7, 8, 14(2)(g)); S.I. 1999/2323, art. 2(1), Sch. 1

F148341. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

[F149Approval of non-maintained special schools]E+W

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Amendments (Textual)

F149S. 342 and crossheading substituted for s. 342 (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 82 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

X1[F150342 Approval of non-maintained special schools.E+W

(1)The [F151appropriate national authority] may approve under this section any school which—

(a)is specially organised to make special educational provision for pupils with special educational needs, and

(b)is not a community or foundation special school,

and may give F152... 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 was a special school immediately before 1st April 1994 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)) 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), the requirements which may be imposed by the regulations include requirements—

(a)which call for arrangements to be approved by the [F153appropriate national authority] , or

(b)as to the organisation of any special school as a primary school or as a secondary school.

[F154(5A)Regulations shall make provision for securing that, so far as practicable, every pupil attending a school in England that is approved under this section—

(a)receives religious education unless withdrawn from receiving such education in accordance with the wishes of the pupil's parent, and

(b)attends religious worship unless withdrawn from attendance at such worship—

(i)in the case of a sixth-form pupil, in accordance with the pupil's own wishes, and

(ii)in any other case, in accordance with the wishes of the pupil's parent.

(5B)In subsection (5A) “a sixth-form pupil” means a pupil who—

(a)has ceased to be of compulsory school age, and

(b)is receiving education suitable to the requirements of pupils over compulsory school age.]

(6)Regulations shall make provision for securing that, so far as practicable, every pupil attending a [F155school in Wales that is] approved under this section—

(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.]

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Editorial Information

X1S. 342: With effect from 1.9.1999 s. 342 became subsumed by new cross-heading "Approval of non-maintained special schools". Versions of this provision as it stood at any time before that date cannot be accessed directly by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 1.9.1999 or navigate via the Chapter II heading.

Amendments (Textual)

F150S. 342 and crossheading substituted for s. 342 (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 82 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F153Words in s. 342(5)(a) substituted (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 142(4), 173(4); S.I. 2010/1093, art. 2(a)

F155Words in s. 342(6) substituted (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 143(3), 173(4); S.I. 2010/1093, art. 2(a)

[F156Non-maintained special schools in England: protection of pupils in an emergencyE+W

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Amendments (Textual)

F156S. 342A and cross-heading inserted (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 144, 173(4); S.I. 2010/1093, art. 2(a)

342AApplication to justice of the peace: power to make regulationsE+W

(1)Regulations may make provision conferring power on a justice of the peace, on the application of the Secretary of State, to make an order in an urgent case that a non-maintained special school in England should cease to be approved under section 342.

(2)Regulations under this section may in particular make provision corresponding, with or without modifications, to that made in—

(a)section 120(2) to (7) of the Education and Skills Act 2008 (emergency orders in relation to registered independent educational institutions), or

(b)section 122 of that Act (notification).]

[F157Non-maintained special schools in England: appealsE+W

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Amendments (Textual)

F157Ss. 342B, 342C and cross-heading inserted (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 145, 173(4); S.I. 2010/1093, art. 2(a)

342BAppeal against decision of Secretary of StateE+W

(1)Regulations may make provision for an appeal against a decision of the Secretary of State—

(a)to withdraw approval from a non-maintained special school in England by virtue of section 342(4)(b) (failure to comply with prescribed requirement) otherwise than at the request of the proprietor;

(b)not to approve, not to approve a change to, or to withdraw approval from, relevant arrangements in relation to such a school.

(2)In subsection (1)(b) “relevant arrangements” means arrangements that require the approval of the Secretary of State by virtue of section 342(5)(a).

(3)Regulations under this section must provide that an appeal brought by virtue of this section—

(a)lies to the First-tier Tribunal, and

(b)must be brought by the proprietor of the school in question.

(4)The regulations may in particular make provision, in the case of an appeal brought by virtue of subsection (1)(a), prohibiting the Secretary of State from acting on a decision to withdraw approval during the period in which—

(a)an appeal against the decision could be brought, or

(b)where an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.

342CAppeal against order of justice of peaceE+W

(1)Regulations may make provision for an appeal against the making of an order by virtue of section 342A (order by justice of peace in an emergency).

(2)The regulations must provide that an appeal brought by virtue of this section—

(a)lies to the First-tier Tribunal, and

(b)must be brought by the proprietor of the school in question.]

X2F158343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Editorial Information

X2S. 343: With effect from 1.9.1999, a new cross-heading "Approval of non-maintained special schools" was inserted before s. 342. Versions ofs. 343 as it stood at any time before that date cannot now be accessed directly by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 1.9.1999 or navigate via the Chapter II heading.

Amendments (Textual)

Government etc. of special schoolsE+W

F159344. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F159S. 344 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 83, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/2323, art. 5, Sch. 7 paras. 2, 10); S.I. 1999/2323, art, 2(1), Sch. 1

Maintained special school becoming grant-maintainedE+W

F160345. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

Grouping of grant-maintained special schoolsE+W

F161346. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

Independent schools providing special educationE+W

347 Approval of independent schools.E+W

(1)[F162The Welsh Ministers] may approve an independent school [F163 in Wales] as suitable for the admission of children for whom statements are maintained under section 324.

(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 [F164the Welsh Ministers see] fit to impose.

(4)In any case where there is a failure to comply with such a condition imposed under subsection (3), [F165the Welsh Ministers may withdraw their] approval.

(5)No person shall so exercise his functions under this Part that [F166a relevant child] is educated in an independent school unless—

(a)the school is for the time being approved by [F167the Welsh Ministers] as suitable for the admission of children for whom statements are maintained under section 324, or

(b)[F168the Welsh Ministers are] satisfied that there is a place available for the child at the school and [F169consent] to the child being educated there.

[F170(5ZA)In subsection (5) “a relevant child” means a child with special educational needs—

(a)for whom a [F2local authority] in Wales maintain a statement under section 324, or

(b)for whom no [F2local authority] maintain such a statement and who is in the area of a [F2local authority] in Wales.]

[F171(5A)[F172Subsection (5)] does not apply to a [F2local authority] [F173 in Wales] deciding, for the purposes of section 324(5), whether a parent has made suitable arrangements.]

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Amendments (Textual)

F164Words in s. 347(3) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(3), 173(4); S.I. 2009/1513, art. 3

F165Words in s. 347(4) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(4), 173(4); S.I. 2009/1513, art. 3

F167Words in s. 347(5)(a) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(5)(b), 173(4); S.I. 2009/1513, art. 3

F168Words in s. 347(5)(b) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(5)(c), 173(4); S.I. 2009/1513, art. 3

F169Word in s. 347(5)(b) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(5)(c), 173(4); S.I. 2009/1513, art. 3

F171S. 347(5A) inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 12 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F172Words in s. 347(5A) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 146(7)(a), 173(4); S.I. 2009/1513, art. 3

Modifications etc. (not altering text)

348 Provision of special education at non-maintained schools.E+W

(1)This section 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 324 or the [F2local authority] are satisfied—

(i)that his interests require the necessary special educational provision to be made for him at a school which is not a maintained school, and

(ii)that it is appropriate for the child to be provided with education at the particular school.

(2)Where this section applies, the [F2local authority] shall pay the whole of the fees payable in respect of the education provided for the child at the school, and if—

(a)board and lodging are provided for him at the school, and

(b)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,

the authority shall pay the whole of the fees payable in respect of the board and lodging.

F174[(3)In this section “maintained school” means a school maintained by a [F2local authority].]

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Amendments (Textual)

F174S. 348(3) substituted (1.9.1999) for s. 348(3)(a)-(c) by 1998 c. 31, s. 140(1), Sch. 30 para.84 (with ss. 138(9), 144(6))

Variation of deedsE+W

349 Variation of trust deeds etc. by order.E+W

(1)[F175The appropriate national authority] may by order make such modifications of any trust deed or other instrument relating to a school as, after consultation with the governing body or other proprietor of the school, appear to [F176it] to be necessary to enable the governing body or proprietor to meet any requirement imposed by [F177— (a)] regulations under section 342 F178.... [F177, or

(b)Academy arrangements.]

[F179(1A)The Welsh Ministers may by order make such modifications of any trust deed or other instrument relating to a school in Wales as, after consultation with the governing body or other proprietor of the school, appear to them to be necessary to enable the governing body or proprietor to meet any requirement imposed by regulations under section 347.]

(2)Any modification made by an order under this section may be made to have permanent effect or to have effect for such period as may be specified in the order.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F177Words in s. 349(1) inserted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 3; S.I. 2010/1937, art. 2, Sch. 1

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