Part V Miscellaneous and general

Other miscellaneous provisions

139AF1Assessments relating to learning difficulties: England

1

Subsection (2) applies if a local education authority in England—

a

maintains a statement of special educational needs for a person, and

b

believes that the person will leave school, at the end of his last year of compulsory schooling, to receive post-16 education or training or higher education.

2

The authority must arrange for an assessment of the person to be conducted at some time during his last year of compulsory schooling.

3

Subsection (4) applies if a local education authority in England—

a

maintains a statement of special educational needs for a person who is over compulsory school age, and

b

believes that the person will leave school, during or at the end of the current school year, to receive post-16 education or training or higher education.

4

The authority must arrange for an assessment of the person to be conducted at some time during the current school year.

5

A local education authority in England may at any time arrange for an assessment to be conducted of a person—

a

who is within subsection (6), and

b

for whom the authority is responsible.

6

A person within this subsection is one who—

a

is in his last year of compulsory schooling, or is over compulsory school age but has not attained the age of 25,

b

appears to the authority to have a learning difficulty within the meaning of section 13, and

c

is receiving, or in the opinion of the authority is likely to receive, post-16 education or training or higher education.

7

In exercising its functions under this section an authority must have regard to any guidance issued by the Secretary of State.