C2Part IV Special educational needs
C5F4Chapter I Children F7in wales with special educational needs
Pt. 4 Ch. 1 repealed (1.9.2021 for the repeal of ss. 333(1ZA)(2)-(6), 334-335 and otherwise in force for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(9); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, art. 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3
Words in Pt. 4 Ch. 1 title inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 9; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505))
Pt. 4 Ch. 1 excluded (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 81, 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
Identification and assessment of children with special educational needs
324C5 Statement of special educational needs.
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 F5local 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 F5local 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.
F14A
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 F5local 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
C6C1C3F35A
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.
Pt. 4 power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26(3); S.I. 2012/320, art. 2(g)