C1Part III CHILDREN WITH SPECIAL EDUCATIONAL NEEDS
Identification and assessment of children with special educational needs
165 General duty of local education authority towards children for whom they are responsible.
1
A local education 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 of this Act, a local education authority are responsible for a child if he is in their area and—
a
he is a registered pupil at a maintained, grant-maintained or grant-maintained special school,
b
education is provided for him at a school which is not a maintained, grant-maintained or grant-maintained special school at the expense of the authority or the funding 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, is not under the age of two years or over compulsory school age and has been brought to their attention as having (or probably having) special educational needs.
Pt. III (ss. 156-191) applied (with modifications) (E.W.) (9.5.1994) by S.I. 1994/1084, reg. 5
Pt. III (ss. 156-191) modified (E.W.)(28.7.1994) by S.I. 1994/2038, art. 3, Sch. 4 para. 2(6)