The Special Educational Needs (Provision of Information by Local Authorities ) (Wales) Regulations 2002

Welsh Statutory Instruments

2002 No. 157 (W.23)

EDUCATION, WALES

The Special Educational Needs (Provision of Information by [F1 Local Authorities]) (Wales) Regulations 2002

Made

29th January 2002

Coming into force

1st April 2002

The National Assembly for Wales, in exercise of the powers conferred on the Secretary of State by sections 29(5) and 569(4) and (5) of the Education Act 1996(1), and now vested in the National Assembly for Wales(2) hereby makes the following Regulations:

Textual Amendments

F1 Words in Title substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), Sch. 1 para. 9(2)

Citation, commencement, interpretation and application E+W

1.—(1) These Regulations are called the Special Educational Needs (Provision of Information by [F2 Local Authorities]) (Wales) Regulations 2002 and shall come into force on 1st April 2002.

(2) In these Regulations—

• “health authority” (“awdurdod iechyd”) has the same meaning as in the National Health Service Act 1977(3);

• F3 ...

• “statement” (“datganiad”) means a statement of special educational needs made under section 324 of the Education Act 1996.

(3) These Regulations apply only in relation to Wales.

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Words in reg. 1(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 1 para. 9(3)

F3 Words in reg. 1(2) omitted (5.5.2010) by virtue of The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 1 para. 9(4)

F4 Reg. 1(4) omitted (31.10.2005) by virtue of The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2005 (S.I. 2005/2913), regs. 1(1), 14(1)(a)

Commencement Information

I1 Reg. 1 in force at 1.4.2002, see reg. 1(1)

Publication of information E+W

2.  A [F5 local authority] shall—

(a) publish information about the matters set out in the Schedule to these Regulations in accordance with regulation 3(1), (2) and (3);

(b) keep that information under review; and

(c) where there is a significant change in any of that information, revise the information accordingly and publish the revised information in accordance with regulation 3(4).

Textual Amendments

F5 Words in reg. 2 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 1 para. 9(5)

Modifications etc. (not altering text)

C1 Reg. 2(a) applied (with modifications) (31.10.2005) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2005 (S.I. 2005/2913), regs. 1(1), 14(2)

Commencement Information

I2 Reg. 2 in force at 1.4.2002, see reg. 1(1)

Manner of publication of information E+W

3.—(1) The [F6 local authority] shall publish the information referred to in regulation 2(a) by—

(a) providing a written copy of the information to any health authority or [F7 any other local authority] which in the opinion of the [F6 local authority] has an interest in that information by post, by electronic communication or by any other means agreed with the authority;

(b) making the information available on any website which the authority may maintain on the Internet;

(c) providing a written copy of the information to the maintained schools in the authority’s area by post, by electronic communication or by any other means agreed with the authority; and

(d) providing a written copy of the information to any person on request by post, by electronic communication or by any other means agreed with the authority.

(2) The information about the matters set out in paragraph 1 of the Schedule to these Regulations shall be published on or before 30th April 2002.

(3) The information about the matters set out in paragraphs 2 and 3 of the Schedule to these Regulations shall be published on or before 31st July 2002.

(4) Any information to be published pursuant to regulation 2(c) shall be published by the [F8 local authority] as soon as reasonably practicable after a revision has been made, by—

(a) providing the revised information to a health authority or [F9 other local authority] previously provided with information by the [F8 local authority] pursuant to regulation 3(1)(a) by post, by electronic communication or by any other means agreed with the authority;

(b) updating any website maintained by the authority on the Internet to display the revised information;

(c) notifying the maintained schools in the authority’s area of the revisions by post, by electronic communication or by any other means agreed with the authority; and

(d) providing the revised information to any person on request by post, by electronic communication or by any other means agreed with the authority.

(5) Information published in accordance with this regulation shall be published free of charge.

Textual Amendments

F6 Words in reg. 3(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 1 para. 9(6)(a)

F7 Words in reg. 3(1)(a) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 1 para. 9(6)(b)

F8 Words in reg. 3(4) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 1 para. 9(6)(c)

F9 Words in reg. 3(4)(a) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 1 para. 9(6)(d)

Modifications etc. (not altering text)

C2 Reg. 3(1)-(3) applied (with modifications) (31.10.2005) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2005 (S.I. 2005/2913), regs. 1(1), 14(2)

Commencement Information

I3 Reg. 3 in force at 1.4.2002, see reg. 1(1)

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4)

D. Elis-Thomas

The Presiding Officer of the National Assembly

29th January 2002

Regulation 2

SCHEDULE E+W INFORMATION TO BE PROVIDED BY [F10 LOCAL AUTHORITIES]

Textual Amendments

F10 Words in Sch. heading substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 1 para. 9(7)

1.  An explanation of that element of special educational provision for children with special educational needs (but without statements) which the [F11 local authority] expect normally to be met from maintained schools' budget shares [F12 or maintained nursery schools' budget shares] and that element of such provision that the authority expect normally to be met by the authority from funds which it holds centrally. E+W

Textual Amendments

F11 Words in Sch. substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 1 para. 9(8)

F12 Words in Sch. para. 1 inserted (31.10.2005) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2005 (S.I. 2005/2913), regs. 1(1), 14(1)(b)

Commencement Information

I4 Sch. para. 1 in force at 1.4.2002, see reg. 1(1)

2.  The broad aims of the local education authority’s policy in respect of children with special educational needs together with information about the action the authority is taking to— E+W

(a) promote high standards of education for children with special educational needs;

(b) encourage children with special educational needs to participate fully in their school and community and to take part in decisions and make choices about their education;

(c) encourage schools in their area to share their practice in making special educational provision for children with special educational needs; and

(d) work with other statutory and voluntary bodies to provide support for children with special educational needs.

Commencement Information

I5 Sch. para. 2 in force at 1.4.2002, see reg. 1(1)

3.  The general arrangements made by the [F11 local authority], including any plans, objectives and timescales, for— E+W

(a) identifying children in their area with special educational needs;

(b) monitoring the admission of children with special educational needs (whether or not those children have a statement) to maintained schools [F13 and maintained nursery schools] in their area;

(c) organising the assessment of children’s educational needs pursuant to section 323 of the Education Act 1996 in the local education authority’s area including any local protocols for so doing;

(d) organising the making and maintaining of statements in their area including any local protocols for so doing;

(e) providing support to schools in their area with regard to making special educational provision for children with special educational needs;

(f) auditing, planning, monitoring and reviewing provision for children with special educational needs in their area, both generally and in relation to individual children;

(g) securing training, advice and support for staff working in their area with children with special educational needs; and

(h) reviewing and updating the arrangements referred to in sub-paragraphs (a) to (g).

Textual Amendments

F11 Words in Sch. substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 1 para. 9(8)

F13 Words in Sch. para. 3(b) inserted (31.10.2005) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2005 (S.I. 2005/2913), regs. 1(1), 14(1)(c)

Commencement Information

I6 Sch. para. 3 in force at 1.4.2002, see reg. 1(1)

Explanatory Note

(This note is not part of the Regulations)

These Regulations place a duty on local education authorities to publish information about matters relating to the provision of education for children with special educational needs.

In particular they are required to publish an explanation of that part of special educational provision that they expect maintained schools to fund from their budget shares, and that element that they expect to fund themselves.

They must also publish information about the broad aims of their policy on special educational needs, as well as specific action they are taking on special educational needs issues.

(1)

1996 c. 56.

(2)

See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(3)

1977 c. 49; amended by the Health Authorities Act 1995 (c. 17) and the Health Act 1999 (c. 32).

(4)

1998 c. 38.