In paragraph 11 of Schedule 27 to the 1996 Act (circumstances in which a local education authority may cease to maintain a statement), after sub-paragraph (4) insert—

“(5)

A local education authority may not, under this paragraph, cease to maintain a statement if—

(a)

the parent of the child has appealed under this paragraph against the authority’s determination to cease to maintain the statement, and

(b)

the appeal has not been determined by the Tribunal or withdrawn.”