SCHEDULE 27 Making and maintenance of statements under section 324
Procedure for amending or ceasing to maintain a statement
9
(1)
(2)
Sub-paragraph (1) does not apply where the F1local authority—
(a)
cease to maintain a statement for a child who has ceased to be a child for whom they are responsible, F3or
F4(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
are ordered to cease to maintain a statement under section 326(3)(c), F5. . .
F6(d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F710
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
(1)
A F1local authority may cease to maintain a statement only if it is no longer necessary to maintain it.
(2)
Where the F1local authority determine to cease to maintain a statement—
(a)
they shall give F8notice in writing of that fact to the parent of the child, and
(b)
the parent of the child may appeal to the Tribunal against the determination.
F9(2A)
A notice under sub-paragraph (2)(a) must inform the parent of the right of appeal under sub-paragraph (2)(b) and contain such other information as may be prescribed.
F10(2B)
Where the F1local authority determine to cease to maintain a statement following a periodic review or a re-assessment review, regulations may provide that a notice under sub-paragraph (2)(a) must be given within the prescribed period beginning with the date of the review.
(3)
On an appeal under this paragraph the Tribunal may—
(a)
dismiss the appeal, or
(b)
order the F1local authority to continue to maintain the statement in its existing form or with such amendments of—
(i)
the description in the statement of the authority’s assessment of the child’s special educational needs, or
(ii)
the special educational provision specified in the statement,
and such other consequential amendments, as the Tribunal may determine.
(4)
F12(5)
A F1local authority may not, under this paragraph, cease to maintain a statement if—
(a)
(b)
the appeal has not been determined by the Tribunal or withdrawn.