Education Act 1996

Manner, and timing, of assessments, etc. E+W

3 (1) Regulations may make provision— E+W

(a) as to the manner in which assessments are to be conducted,

(b) requiring the local education authority, where, after conducting an assessment under section 323 of the educational needs of a child for whom a statement is maintained under section 324, they determine not to amend the statement, to serve on the parent of the child a notice giving the prescribed information, and

(c) in connection with such other matters relating to the making of assessments as the Secretary of State considers appropriate.

(2) Sub-paragraph (1)(b) does not apply to a determination made following the service of notice under [F1 paragraph 2A] of Schedule 27 (amendment of statement by LEA) of a proposal to amend the statement.

[F2 (3) Regulations may provide—

(a) that where a local education authority are under a duty under section 323, 329 or 329A to serve any notice, the duty must be performed within the prescribed period,

(b) that where a local education authority have served a notice under section 323(1) or 329A(3) on a child’s parent, they must decide within the prescribed period whether or not to make an assessment of the child’s educational needs,

(c) that where a request has been made to a local education authority under section 329(1), they must decide within the prescribed period whether or not to comply with the request, and

(d) that where a local education authority are under a duty to make an assessment, the duty must be performed within the prescribed period.

(4) Provision made under sub-paragraph (3)—

(a) may be subject to prescribed exceptions, and

(b) does not relieve the authority of the duty to serve a notice, or make a decision or assessment, which has not been served or made within the prescribed period.]

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Amendments (Textual)

F1 Words in Sch. 26. para. 3(2) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 14(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

F2 Sch. 26 para. 3(3)(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. 14(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