Part 1

SPECIAL EDUCATIONAL NEEDS

Appeals

Unopposed appeals
5
In the 1996 Act, insert the following section—

Unopposed appeals
326A
1
This section applies if—
a
the parent of a child has appealed to the Tribunal under section 325, 328, 329 or 329A or paragraph 8(3) of Schedule 27 against a decision of a local education authority, and
b
the authority notifies the Tribunal that they have determined that they will not, or will no longer, oppose the appeal.
2
The appeal is to be treated as having been determined in favour of the appellant.
3
If an appeal is treated as determined in favour of the appellant as a result of subsection (2), the Tribunal is not required to make any order.
4
Before the end of the prescribed period, the authority must—
a
in the case of an appeal under section 325, make a statement under section 324 of the child’s educational needs,
b
in the case of an appeal under section 328, 329 or 329A, make an assessment of the child’s educational needs,
c
in the case of an appeal under paragraph 8(3) of Schedule 27 against a determination of the authority not to comply with the parent’s request, comply with the request.
5
An authority required by subsection (4)(a) to make a statement under section 324 must maintain the statement under that section.
6
Regulations under this section, so far as they relate to Wales, require the agreement of the National Assembly for Wales.
S. 5 in force at Royal Assent for specified purposes see s. 43(4); s. 5 in force to the extent not already in force for E. at 1.1.2002 by S.I. 2001/2217, art. 5, Sch. Pt. II; S.I. 2001/2614, art. 4; s. 5 in force to the extent not already in force for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II