C2Part IV Special educational needs

Annotations:
Modifications etc. (not altering text)
C2

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)

Chapter I Children with special educational needs

Identification and assessment of children with special educational needs

326 Appeal against contents of statement.

F11

The parent of a child for whom a F3local authority maintain a statement under section 324 may appeal to the Tribunal—

a

when the statement is first made,

b

if an amendment is made to the statement, or

c

if, after conducting an assessment under section 323, the F3local authority determine not to amend the statement.

1A

An appeal under this section may be against any of the following—

a

the description in the statement of the F3local authority’s assessment of the child’s special educational needs,

b

the special educational provision specified in the statement (including the name of a school so specified),

c

if no school is specified in the statement, that fact.

2

Subsection (1)(b) does not apply where the amendment is made in pursuance of—

a

paragraph 8 (change of named school) or 11(3)(b) (amendment ordered by Tribunal) of Schedule 27, or

b

directions under section 442 (revocation of school attendance order);

and subsection (1)(c) does not apply to a determination made following the service of notice under F2paragraph 2A (amendment by F4local authority) of Schedule 27 of a proposal to amend the statement.

C13

On an appeal under this section, the Tribunal may—

a

dismiss the appeal,

b

order the authority to amend the statement, so far as it describes the authority’s assessment of the child’s special educational needs or specifies the special educational provision, and make such other consequential amendments to the statement as the Tribunal think fit, or

c

order the authority to cease to maintain the statement.

4

On an appeal under this section the Tribunal shall not order the F3local authority to specify the name of any school in the statement (either in substitution for an existing name or in a case where no school is named) unless—

a

the parent has expressed a preference for the school in pursuance of arrangements under paragraph 3 (choice of school) of Schedule 27, or

b

in the proceedings the parent, the F3local authority, or both have proposed the school F6, orF5.

F7c

in the case of proceedings relating to a statement maintained by a local authority in Wales only, the child has proposed the school in the proceedings (whether or not the parent, the local authority or both have also proposed the school).

5

Before determining any appeal under this section the Tribunal may, with the agreement of the parties, correct any deficiency in the statement.