PART 3

Children and young people in England with special educational needs or disabilities

Information to improve well-being of children and young people with SEN

Provision and publication of special needs information
76
1
The Secretary of State must exercise the powers listed in subsection (2) with a view to securing, in particular, the provision of special needs information which the Secretary of State thinks would be likely to assist the Secretary of State or others in improving the well-being of—
a
children in England with special educational needs, and
b
young people aged under 19 in England with special educational needs.
2
The powers are those of the Secretary of State under the following provisions of EA 1996 (so far as relating to England)—
a
section 29 (information from local authorities for purposes of Secretary of State's functions);
b
section 408 (information in relation to maintained schools);
c
section 537 (information about schools);
d
section 537A (information about individual pupils);
e
section 537B (information about children receiving funded education outside school);
f
section 538 (information from governing bodies for purposes of Secretary of State's education functions).
3
In each calendar year, the Secretary of State must publish, or arrange to be published, special needs information which has been obtained under EA 1996, where the Secretary of State thinks the publication of the information would be likely to assist the Secretary of State or others in improving the well-being of —
a
children in England with special educational needs, and
b
young people aged under 19 in England with special educational needs.
4
Information published under subsection (3) must be published in the form and manner that the Secretary of State thinks fit, except that the names of the children and young people to whom the information relates must not be included.
5
The Secretary of State may make a charge, or arrange for a charge to be made, for documents supplied by virtue of this section.
6
A charge under subsection (5) must not exceed the cost of supply.
7
“Special needs information” means—
a
information about children, and young people, in England with special educational needs, and
b
information about special educational provision made for those children and young people.
8
References in this section to the well-being of children and young people with special educational needs are to their well-being so far as relating to—
a
physical and mental health and emotional well-being;
b
protection from abuse and neglect;
c
control by them over their day-to-day lives;
d
participation in education, training or recreation;
e
social and economic well-being;
f
domestic, family and personal relationships;
g
the contribution made by them to society.
S. 76 in force at 1.9.2014 by 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 and (1.9.2015) by S.I. 2015/1619)
Pt. 3 modified (1.4.2015) by The Special Educational Needs and Disability (Detained Persons) Regulations 2015 (S.I. 2015/62), regs. 1, 31(1), 32(1)