The Education (Special Educational Needs) (England) Regulations 2001

Transfer of statements

23.—(1) This Regulation applies where a child in respect of whom a statement is maintained moves from the area of the authority which maintains the statement (“the old authority”) into that of another (“the new authority”).

(2) The old authority shall transfer the statement to the new authority.

(3) From the date of the transfer—

(a) the statement shall be treated for the purposes of the new authority’s duties and functions under Part IV of the Act and these Regulations as if it had been made by the new authority on the date on which it was made by the old authority, and

(b) where the new authority make an assessment and the old authority have supplied the new authority with advice obtained in pursuance of a previous assessment regulation 7(5) shall apply as if the new authority had obtained the advice on the date on which the old authority obtained it.

(4) The new authority shall within 6 weeks of the date of the transfer serve a notice on the child’s parent informing him—

(a) that the statement has been transferred;

(b) whether they propose to make an assessment, and

(c) when they propose to review the statement in accordance with paragraph (5).

(5) The new authority shall review the statement under section 328(5)(b) before the expiry of whichever of the following two periods expires later—

(a) the period of 12 months beginning with the making of the statement, or as the case may be, with the previous review, or

(b) the period of 3 months beginning with the date of the transfer.

(6) Where by virtue of the transfer the new authority come under a duty to arrange the child’s attendance at a school specified in the statement but in light of the child’s move that attendance is no longer practicable the new authority may arrange for the child’s attendance at another school appropriate for the child until such time as it is possible to amend the statement in accordance with the procedure set out in Schedule 27.

(7) In this Regulation “the new authority” shall include a local education authority in Wales for the purposes of paragraphs (1) and (2) only.

(8) An authority to whom a statement is transferred from a local educational authority in Wales shall treat the statement as having been transferred by an old authority for the purposes of paragraphs (3) to (6).