SCHEDULES
SCHEDULE 1

AMENDMENT TO STATEMENT OF SPECIAL EDUCATIONAL NEEDS
Section 10.
Part 1

PROCEDURE FOR MAKING AMENDMENT TO STATEMENT OF SPECIAL EDUCATIONAL NEEDS
1
Schedule 27 to the 1996 Act (making and maintenance of statement of special educational needs) is amended as follows.
2
For paragraph 1 substitute—
1
In this Schedule—
- “amendment notice” has the meaning given in paragraph 2A,
- “statement” means a statement under section 324,
- “periodic review” means a review conducted in accordance with section 328(5)(b), and
- “re-assessment review” means a review conducted in accordance with section 328(5)(a).
3
For paragraph 2 substitute—
2
1
Before making a statement, a local education authority shall serve on the parent of the child concerned a copy of the proposed statement.
2
But that is subject to sub-paragraphs (3) and (4).
3
The copy of the proposed statement shall not specify any prescribed matter.
4
The copy of the proposed statement shall not specify any matter in pursuance of section 324(4).

Amendments to a statement
2A
1
A local education authority shall not amend a statement except—
a
in compliance with an order of the Tribunal,
b
as directed by the Secretary of State under section 442(4), or
c
in accordance with the procedure laid down in this Schedule.
2
If, following a re-assessment review, a local education authority propose to amend a statement, they shall serve on the parent of the child concerned a copy of the proposed amended statement.
3
Sub-paragraphs (3) and (4) of paragraph 2 apply to a copy of a proposed amended statement served under sub-paragraph (2) as they apply to a copy of a proposed statement served under paragraph 2(1).
4
If, following a periodic review, a local education authority propose to amend a statement, they shall serve on the parent of the child concerned—
a
a copy of the existing statement, and
b
an amendment notice.
5
If, at any other time, a local education authority propose to amend a statement, they shall proceed as if the proposed amendment were an amendment proposed after a periodic review.
6
An amendment notice is a notice in writing giving details of the amendments to the statement proposed by the authority.

Provision of additional information
2B
1
Sub-paragraph (2) applies when a local education authority serve on a parent—
a
a copy of a proposed statement under paragraph 2,
b
a copy of a proposed amended statement under paragraph 2A, or
c
an amendment notice under paragraph 2A.
2
The local education authority shall also serve on the parent a written notice explaining (to the extent that they are applicable)—
a
the arrangements under paragraph 3,
b
the effect of paragraph 4, and
c
the right to appeal under section 326.
3
A notice under sub-paragraph (2) must contain such other information as may be prescribed.
4
In paragraph 3, in sub-paragraph (1), for the words from “a parent” to “paragraph 2” substitute
a parent—
a
on whom a copy of a proposed statement has been served under paragraph 2,
b
on whom a copy of a proposed amended statement has been served under paragraph 2A, or
c
on whom an amendment notice has been served under paragraph 2A which contains a proposed amendment about —
i
the type or name of a school or institution, or
ii
the provision made for the child concerned under arrangements made under section 319,
to be specified in the statement,
.
5
In that paragraph, in sub-paragraph (2), for “paragraph 2(b)” substitute “ paragraph 2B ”.
6
In that paragraph omit sub-paragraph (4).
7
After that paragraph, insert—

Consultation on specifying name of school in statement
3A
1
Sub-paragraph (2) applies if a local education authority are considering—
a
specifying the name of a maintained school in a statement, or
b
amending a statement—
i
if no school was specified in the statement before the amendment, so that a maintained school will be specified in it,
ii
if a school was specified in the statement before the amendment, so that a different school, which is a maintained school, will be specified in it.
2
The local education authority shall—
a
serve a copy of the proposed statement or amended statement, or of the existing statement and of the amendment notice, on each affected body, and
b
consult each affected body.
3
“Affected body” means—
a
the governing body of any school which the local education authority are considering specifying; and
b
if a school which the local education authority are considering specifying is maintained by another local education authority, that authority.
8
In paragraph 4, in sub-paragraph (1)—
a
after “paragraph 2” insert “ , or on whom a proposed amended statement or an amendment notice has been served under paragraph 2A, ”;
b
in paragraphs (a) and (b), for “statement” substitute “ proposed statement or the statement as it will have effect if amended in the way proposed by the authority ”.
9
In that paragraph, in sub-paragraph (2), after “sub-paragraph (1)(b)” insert
in relation to—
c
a proposed statement, or
d
an amendment proposed following a re-assessment review,
.
10
In that paragraph, in sub-paragraphs (4)(a) and (5), for “paragraph 2(b)” substitute “ paragraph 2B ”.
11
In paragraph 5, in sub-paragraph (1), after “make” insert “ or amend ”.
12
In that paragraph, in sub-paragraph (2), for “The statement” substitute “ If a local education authority make a statement, it ”.
13
After that sub-paragraph insert—
2A
If a local education authority amend a statement following service of a proposed amended statement under paragraph 2A, the amended statement made may be in the form proposed or in a form modified in the light of the representations.
2B
If a local education authority amend a statement following service of an amendment notice, the amendments may be those proposed in the notice or amendments modified in the light of the representations.
14
For paragraph 6, substitute—
6
1
Where a local education authority make or amend a statement they shall serve a copy of the statement, or the amended statement, on the parent of the child concerned.
2
They shall, at the same time, give the parent written notice of his right to appeal under section 326(1) against—
a
the description in the statement of the 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 specified in the statement), or
c
if no school is named in the statement, that fact.
3
A notice under sub-paragraph (2) must contain such other information as may be prescribed.
15
In paragraph 8(1)(b)—
e
in sub-paragraph (ii), after “statement” insert “ or amended statement ”; and
f
omit sub-paragraph (iii).
16
In paragraph 9—
g
in sub-paragraph (1), omit “amend or” and “10 or”; and
h
in sub-paragraph (2)—
i
after paragraph (a), insert “ or ”,
ii
omit paragraph (b), the word “or” after paragraph (c) and paragraph (d).
17
Omit paragraph 10.
Part 2

APPEALS AGAINST AMENDMENTS TO STATEMENT OF SPECIAL EDUCATIONAL NEEDS
18
Section 326 of the 1996 Act is amended as follows.
19
For subsection (1) substitute—
1
The parent of a child for whom a local education 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 local education 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 local education 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.
20
In subsection (2), for “paragraph 10” substitute “ paragraph 2A ”.
Sch. 1 para. 1 wholly in force at 1.4.2002; Sch. 1 para. 1 not in force at Royal Assent see s. 43(3); Sch. 1 para. 1 in force for E. at 1.1.2002 by S.I. 2001/2217, art. 5, Sch. Pt. II; S.I. 2001/2614, art. 4; Sch. 1 para. 1 in force for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II
Sch. 1 para. 2 wholly in force at 1.4.2002; Sch. 1 para. 2 not in force at Royal Assent see s. 43(3); Sch. 1 para. 2 in force for E. at 1.1.2002 by S.I. 2001/2217, art. 5, Sch. Pt. II; S.I. 2001/2614, art. 4; Sch. 1 para. 2 in force for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II
Sch. 1 para. 3 wholly in force at 1.4.2002; Sch. 1 para. 3 not in force at Royal Assent see s. 43(3); Sch. 1 para. 3 in force for specified purposes for E. at 15.6.2001 and in force to the extent not already in force for E. at 1.1.2002 by S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II; S.I. 2001/2614, art. 4; Sch. 1 para. 3 in force for specified purposes for W. at 8.12.2001 and in force to the extent not already in force at 1.4.2002 by S.I. 2001/3992, arts. 4, 5, Sch. Pts. I, II
Sch. 1 para. 4 wholly in force at 1.4.2002; Sch. 1 para. 4 not in force at Royal Assent see s. 43(3); Sch. 1 para. 4 in force for E. at 1.1.2002 by S.I. 2001/2217, art. 5, Sch. Pt. II; S.I. 2001/2614, art. 4; Sch. 1 para. 4 in force for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II
Sch. 1 para. 5 wholly in force at 1.4.2002; Sch. 1 para. 5 not in force at Royal Assent see s. 43(3); Sch. 1 para. 5 in force for E. at 1.1.2002 by S.I. 2001/2217, art. 5, Sch. Pt. II; S.I. 2001/2614, art. 4; Sch. 1 para. 5 in force for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II
Sch. 1 para. 6 wholly in force at 1.4.2002; Sch. 1 para. 6 not in force at Royal Assent see s. 43(3); Sch. 1 para. 6 in force for E. at 1.1.2002 by S.I. 2001/2217, art. 5, Sch. Pt. II; S.I. 2001/2614, art. 4; Sch. 1 para. 6 in force for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II
Sch. 1 para. 7 wholly in force at 1.4.2002; Sch. 1 para. 7 not in force at Royal Assent see s. 43(3); Sch. 1 para. 7 in force for E. at 1.1.2002 by S.I. 2001/2217, art. 5, Sch. Pt. II; S.I. 2001/2614, art. 4; Sch. 1 para. 7 in force for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II
Sch. 1 para. 8 wholly in force at 1.4. 2002; Sch. 1 para. 8 not in force at Royal Assent see s. 43(3); Sch. 1 para. 8 in force for E. at 1.1.2002 by S.I. 2001/2217, art. 5, Sch. Pt. II; S.I. 2001/2614, art. 4; Sch. 1 para. 8 in force for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II
Sch. 1 para. 9 wholly in force at 1.4.2002; Sch. 1 para. 9 not in force at Royal Assent see s. 43(3); Sch. 1 para. 9 in force for E. at 1.1.2002 by S.I. 2001/2217, art. 5, Sch. Pt. II; S.I. 2001/2614, art. 4; Sch. 1 para. 9 in force for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II
Sch. 1 para. 10 wholly in force at 1.4.2002; Sch. 1 para. 10 not in force at Royal Assent see s. 43(3); Sch. 1 para. 10 in force for E. at 1.1.2002 by S.I. 2001/2217, art. 5, Sch. Pt. II; S.I. 2001/2614, art. 4; Sch. 1 para. 10 in force for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II
Sch. 1 para. 11 wholly in force at 1.4.2002; Sch. 1 para. 11 not in force at Royal Assent see s. 43(3); Sch. 1 para. 11 in force for E. at 1.1.2002 by S.I. 2001/2217, art. 5, Sch. Pt. II; S.I. 2001/2614, art. 4; Sch. 1 para. 11 in force for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II
Sch. 1 para. 12 wholly in force at 1.4.2002; Sch. 1 para. 12 not in force at Royal Assent see s. 43(3); Sch. 1 para. 12 in force for E. at 1.1.2002 by S.I. 2001/2217, art. 5, Sch. Pt. II; S.I. 2001/2614, art. 4; Sch. 1 para. 12 in force for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II
Sch. 1 para. 13 wholly in force at 1.4.2002; Sch. 1 para. 13 not in force at Royal Assent see s. 43(3); Sch. 1 para. 13 in force for E. at 1.1.2002 by S.I. 2001/2217, art. 5, Sch. Pt. II; S.I. 2001/2614, art. 4; Sch. 1 para. 13 in force for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II
Sch. 1 para. 14 wholly in force at 1.4.2002; Sch. 1 para. 14 not in force at Royal Assent see s. 43(3); Sch. 1 para. 14 in force for specified purposes for E. at 15.6.2001 and in force to the extent not already in force for E. at 1.1.2002 by S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II; S.I. 2001/2614, art. 4; Sch. 1 para. 14 in force for specified purposes for W. at 8.12.2001 and in force to the extent not already in force for W. at 1.4.2002 by S.I. 2001/3992, arts. 4, 5, Sch. Pts. I, II
Sch. 1 para. 15 wholly in force at 1.4.2002; Sch. 1 para. 15 not in force at Royal Assent see s. 43(3); Sch. 1 para. 15 in force for E. at 1.1.2002 by S.I. 2001/2217, art. 5, Sch. Pt. II; S.I. 2001/2614, art. 4; Sch. 1 para. 15 in force for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II
Sch. 1 para. 16 wholly in force at 1.4.2002; Sch. 1 para. 16 not in force at Royal Assent see s. 43(3); Sch. 1 para. 16 in force for E. at 1.1.2002 by S.I. 2001/2217, art. 5, Sch. Pt. II; S.I. 2001/2614, art. 4; Sch. 1 para. 16 in force for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II
Sch. 1 para. 17 wholly in force at 1.4.2002; Sch. 1 para. 17 not in force at Royal Assent see s. 43(3); Sch. 1 para. 17 in force for E. at 1.1.2002 by S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II; S.I. 2001/2614, art. 4; Sch. 1 para. 17 in force for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II
Sch. 1 para. 18 wholly in force at 1.4.2002; Sch. 1 para. 18 not in force at Royal Assent see s. 43(3); Sch. 1 para. 18 in force for E. at 1.1.2002 by S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II; S.I. 2001/2614, art. 4; Sch. 1 para. 18 in force for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II
Sch. 1 para. 19 wholly in force at 1.4.2002; Sch. 1 para. 19 not in force at Royal Assent see s. 43(3); Sch. 1 para. 19 in force for E. at 1.1.2002 by S.I. 2001/2217, art. 5, Sch. Pt. II; S.I. 2001/2614, art. 4; Sch. 1 para. 19 in force for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II
Sch. 1 para. 20 wholly in force at 1.4.2002; Sch. 1 para. 20 not in force at Royal Assent see s. 43(3); Sch 1 para. 20 in force for E. at 1.1.2002 by S.I. 2001/2217, art. 5, Sch. Pt. II; S.I. 2001/2614, art. 4; Sch. 1 para. 20 in force for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II