Special Educational Needs and Disability Act 2001
2001 c. 10
An Act to amend Part 4 of the Education Act 1996; to make further provision against discrimination, on grounds of disability, in schools and other educational establishments; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part 1 SPECIAL EDUCATIONAL NEEDS
Mainstream education
I11 Education in mainstream schools of children with special educational needs
In the Education Act 1996 (“the 1996 Act”), for section 316 substitute—
316 Duty to educate children with special educational needs in mainstream schools
1
This section applies to a child with special educational needs who should be educated in a school.
2
If no statement is maintained under section 324 for the child, he must be educated in a mainstream school.
3
If a statement is maintained under section 324 for the child, he must be educated in a mainstream school unless that is incompatible with—
a
the wishes of his parent, or
b
the provision of efficient education for other children.
4
In this section and section 316A “mainstream school” means any school other than—
a
a special school, or
b
an independent school which is not—
i
a city technology college,
ii
a city college for the technology of the arts, or
iii
a city academy.
316A Education otherwise than in mainstream schools
1
Section 316 does not prevent a child from being educated in—
a
an independent school which is not a mainstream school, or
b
a school approved under section 342,
if the cost is met otherwise than by a local education authority.
2
Section 316(2) does not require a child to be educated in a mainstream school during any period in which—
a
he is admitted to a special school for the purposes of an assessment under section 323 of his educational needs and his admission to that school is with the agreement of—
i
the local education authority,
ii
the head teacher of the school or, if the school is in Wales, its governing body,
iii
his parent, and
iv
any person whose advice is to be sought in accordance with regulations made under paragraph 2 of Schedule 26;
b
he remains admitted to a special school, in prescribed circumstances, following an assessment under section 323 at that school;
c
he is admitted to a special school, following a change in his circumstances, with the agreement of—
i
the local education authority,
ii
the head teacher of the school or, if the school is in Wales, its governing body, and
iii
his parent;
d
he is admitted to a community or foundation special school which is established in a hospital.
3
Section 316 does not affect the operation of—
a
section 348, or
b
paragraph 3 of Schedule 27.
4
If a local education authority decide—
a
to make a statement for a child under section 324, but
b
not to name in the statement the school for which a parent has expressed a preference under paragraph 3 of Schedule 27,
they shall, in making the statement, comply with section 316(3).
5
A local education authority may, in relation to their mainstream schools taken as a whole, rely on the exception in section 316(3)(b) only if they show that there are no reasonable steps that they could take to prevent the incompatibility.
6
An authority in relation to a particular mainstream school may rely on the exception in section 316(3)(b) only if it shows that there are no reasonable steps that it or another authority in relation to the school could take to prevent the incompatibility.
7
The exception in section 316(3)(b) does not permit a governing body to fail to comply with the duty imposed by section 324(5)(b).
8
An authority must have regard to guidance about section 316 and this section issued—
a
for England, by the Secretary of State,
b
for Wales, by the National Assembly for Wales.
9
That guidance shall, in particular, relate to steps which may, or may not, be regarded as reasonable for the purposes of subsections (5) and (6).
10
“Prescribed”, in relation to Wales, means prescribed in regulations made by the National Assembly for Wales.
11
“Authority”—
a
in relation to a maintained school, means each of the following—
i
the local education authority,
ii
the school’s governing body, and
b
in relation to a maintained nursery school or a pupil referral unit, means the local educationn authority.
General duties of local education authorities
F12I22 Advice and information for parents
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13I33 Resolution of disputes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I44 Compliance with orders
In the 1996 Act, insert the following section—
336A Compliance with orders
1
If the Tribunal makes an order, the local education authority concerned must comply with the order before the end of the prescribed period beginning with the date on which it is made.
2
Regulations under this section, so far as they relate to Wales, require the agreement of the National Assembly for Wales.
Appeals
I55 Unopposed appeals
In the 1996 Act, insert the following section—
326A Unopposed appeals
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.
I66 Maintenance of statement during appeal
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.
Identification and assessment of educational needs
I77 Duty to inform parent where special educational provision made
1
In the 1996 Act, insert the following section—
317A Duty to inform parent where special educational provision made
1
This section applies if—
a
a child for whom no statement is maintained under section 324 is a registered pupil at—
i
a community, foundation or voluntary school, or
ii
a pupil referral unit,
b
special educational provision is made for him at the school because it is considered that he has special educational needs, and
c
his parent has not previously been informed under this section of special educational provision made for him at the school.
2
If the school is a pupil referral unit, the local education authority must secure that the head teacher informs the child’s parent that special educational provision is being made for him at the school because it is considered that he has special educational needs.
3
In any other case, the governing body must inform the child’s parent that special educational provision is being made for him there because it is considered that he has special educational needs.
2
After subsection (3) of section 123 of the School Standards and Framework Act 1998 (c. 31) (provision for children with special educational needs), insert—
3A
Subsection (3B) applies if—
a
a local education authority or other person providing relevant nursery education for a child makes special educational provision for him because it is considered that he has special educational needs;
b
no statement under section 324 of the Education Act 1996 is maintained for the child; and
c
his parent has not previously been informed under subsection (3B) of the special educational provision made for him.
3B
The local education authority or other person concerned must inform the child’s parent that special educational provision is being made for him because it is considered that he has special educational needs.
I88 Review or assessment of educational needs at request of responsible body
In the 1996 Act, insert the following section—
329A Review or assessment of educational needs at request of responsible body
1
This section applies if—
a
a child is a registered pupil at a relevant school (whether or not he is a child in respect of whom a statement is maintained under section 324),
b
the responsible body asks the local education authority to arrange for an assessment to be made in respect of him under section 323, and
c
no such assessment has been made within the period of six months ending with the date on which the request is made.
2
If it is necessary for the authority to make an assessment or further assessment under section 323, they must comply with the request.
3
Before deciding whether to comply with the request, the authority must serve on the child’s parent a notice informing him—
a
that they are considering whether to make an assessment of the child’s educational needs,
b
of the procedure to be followed in making the assessment,
c
of the name of their officer from whom further information may be obtained, and
d
of the parent’s right to make representations, and submit written evidence, to them before the end of the period specified in the notice (“the specified period”).
4
The specified period must not be less than 29 days beginning with the date on which the notice is served.
5
The authority may not decide whether to comply with the request until the specified period has expired.
6
The authority must take into account any representations made, and any evidence submitted, to them in response to the notice.
7
If, as a result of this section, a local education authority decide to make an assessment under section 323, they must give written notice to the child’s parent and to the responsible body which made the request, of the decision and of their reasons for making it.
8
If, after serving a notice under subsection (3), the authority decide not to assess the educational needs of the child—
a
they must give written notice of the decision and of their reasons for making it to his parent and to the responsible body which made the request, and
b
the parent may appeal to the Tribunal against the decision.
9
A notice given under subsection (8)(a) to the child’s parent must—
a
inform the parent of his right to appeal, and
b
contain such other information (if any) as may be prescribed.
10
On an appeal under subsection (8) the Tribunal may—
a
dismiss it, or
b
order the authority to arrange for an assessment to be made in respect of the child under section 323.
11
This section applies to a child for whom relevant nursery education is provided as it applies to a child who is a registered pupil at a relevant school.
12
“Relevant school” means—
a
a maintained school,
b
a maintained nursery school,
c
a pupil referral unit,
d
an independent school,
e
a school approved under section 342.
13
“The responsible body” means—
a
in relation to a maintained nursery school or a pupil referral unit, the head teacher,
b
in relation to any other relevant school, the proprietor or head teacher, and
c
in relation to a provider of relevant nursery education, the person or body of persons responsible for the management of the provision of that nursery education.
14
“Relevant nursery education” has the same meaning as in section 123 of the School Standards and Framework Act 1998, except that it does not include nursery education provided by a local education authority at a maintained nursery school.
15
“Prescribed”, in relation to Wales, means prescribed in regulations made by the National Assembly for Wales.
I99 Duty to specify named school
In section 324 of the 1996 Act (statement of special educational needs), after subsection (4) insert—
4A
Subsection (4)(b) does not require the name of a school or institution to be specified if the child’s parent has made suitable arrangements for the special educational provision specified in the statement to be made for the child.
Amendment of statement of special educational needs
I1010 Amendment of statement of special educational needs
Schedule 1 makes further provision concerning the rights of parents and others where a statement of special educational needs is amended.
Part 2 DISABILITY DISCRIMINATION IN EDUCATION
Chapter 1 SCHOOLS
Duties of responsible bodies
F811 Discrimination against disabled pupils and prospective pupils
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F812 Meaning of “discrimination”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F813Disabled pupils not to be substantially disadvantaged
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F814Accessibility strategies and plans
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F815Accessibility strategies and plans: procedure
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F816Residual duty of education authorities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement
F817 Special Educational Needs and Disability Tribunal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F818 Jurisdiction and powers of the Tribunal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F819 Procedure
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F820 Admissions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F821 Exclusions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F822 Roles of the Secretary of State and the National Assembly
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F823 Enforcement procedure: Scotland
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F824 Validity and revision of agreements of responsible bodies
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F825 Interpretation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 2 FURTHER AND HIGHER EDUCATION
Duties of responsible bodies
F826 Discrimination against disabled students and prospective students
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F827 Meaning of “discrimination”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F828 Disabled students not to be substantially disadvantaged
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F829 Further education etc. provided by local education authorities and schools
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement
F830 Right of redress
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F831 Occupation of premises by educational institutions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F832 Validity and revision of agreements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F833 Interpretation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34 Removal of certain duties of funding bodies
1
In section 65 of the Further and Higher Education Act 1992 (c. 13) (administration of funds by higher education funding councils), omit subsections (4A) and (4B).
2
In section 40 of the Further and Higher Education (Scotland) Act 1992 (c. 37), omit subsections (5) and (6).
3
Section 528 of the 1996 Act ceases to have effect.
F104
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F105
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F106
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F107
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
In section 35 of that Act (conditions imposed on financial resources in Wales), omit subsections (4) and (6).
Chapter 3 MISCELLANEOUS
F535 Extension of role of Disability Rights Commission
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5I1136 Codes of practice
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F537 Conciliation for disputes under Part 4 of the 1995 Act
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F938 Relationship with other Parts of the 1995 Act
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F939 Application to the Isles of Scilly
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F940 Duty of Teacher Training Agency
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 3 SUPPLEMENTARY
I1241 Expenses of Secretary of State
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums so payable under any other enactment.
I1342 Minor amendments and repeals
1
Schedule 8 makes minor and consequential amendments.
2
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
If, as a result of any other amendment made by Part 1 of that Schedule, a power to make regulations is conferred, that power is exercisable so far as it relates to Wales by the National Assembly for Wales.
4
But each of the powers conferred as a result of subsection (3)—
a
is to be treated as if it had been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38); and
b
that transfer may be revoked by an Order in Council under that section.
5
For the purposes of section 22 of the Government of Wales Act 1998, an Order in Council made as a result of subsection (4)(b) is to be treated as if it were revoking a previous Order in Council.
6
The repeals set out in Schedule 9 have effect.
43 Short title, interpretation, commencement and extent
1
This Act may be cited as the Special Educational Needs and Disability Act 2001.
2
In this Act—
“the 1995 Act” means the Disability Discrimination Act 1995 (c. 50); and
“the 1996 Act” means the Education Act 1996 (c. 56).
P1P2P3P43
Except as provided in subsections (4) and (6), this Act (apart from this section) comes into force on such day as the Secretary of State may appoint by order.
4
The following provisions of this Act come into force on the day on which it is passed—
a
section 4,
b
section 5,
c
section 9,
d
section 42(2) to (4), and
e
paragraphs 6 to 10, 13(1) to (4) and 14(3) of Schedule 8 (and section 42(1) so far as relating to those provisions),
but only so far as is necessary for enabling the making of any regulations for which they provide.
5
Nothing in subsection (4) affects the operation of section 13 of the Interpretation Act 1978 (c. 30) in relation to this Act.
P56
The following provisions come into force as respects Wales on such day as the National Assembly for Wales may appoint by order—
a
sections 1 to 3;
b
sections 7 and 8;
c
section 9 (so far as not brought into force by subsection (4));
d
sections 14 and 15;
e
section 22, so far as it gives the National Assembly for Wales power to give directions under section 28M(1) or (3) of the 1995 Act or makes provision in relation to such a direction;
f
subsections (1) and (6) of section 42 (but only in so far as they relate to the provisions mentioned in paragraphs (g) to (i));
g
in Part 1 of Schedule 8—
i
paragraphs 1, 5, 11 and 12; and
ii
paragraphs 6 to 10 and 14 (so far as not brought into force by subsection (4));
h
in Part 2 of that Schedule, paragraphs 16 to 18; and
i
in Schedule 9, the entries relating to—
i
the Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33); and
ii
section 325(1) of, and Schedule 27 to, the 1996 Act.
7
Different days may be appointed for different provisions and for different purposes.
8
An order under this section—
a
must be made by statutory instrument; and
b
may contain incidental, supplemental, consequential or transitional provisions and savings.
9
Subsection (10) applies to an order bringing any provision made by—
a
section 28, or
b
paragraph 2 or 6 of Schedule 5,
into force.
10
The order may, in particular, include provision for the duty imposed by section 28T(1) of the 1995 Act to have effect with such modifications as may be specified in the order for a period which ends—
a
on a date so specified; or
b
on the making by the Secretary of State of an order made by statutory instrument bringing the period to an end.
11
Amendments made by this Act to the 1996 Act have the same extent as that Act.
12
Parts 2 and 3 do not extend to Northern Ireland.
13
Nothing in this Act shall impose any charge on the people or on public funds, or vary the amount or incidence of or otherwise alter any such charge in any manner, or affect the assessment, levying, administration or application of any money raised by any such charge.
SCHEDULES
SCHEDULE 1 AMENDMENT TO STATEMENT OF SPECIAL EDUCATIONAL NEEDS
Part 1 PROCEDURE FOR MAKING AMENDMENT TO STATEMENT OF SPECIAL EDUCATIONAL NEEDS
I141
Schedule 27 to the 1996 Act (making and maintenance of statement of special educational needs) is amended as follows.
I152
For paragraph 1 substitute—
1
In this Schedule—
“amendment notice” has the meaning given in paragraph 2A,
“statement” means a statement under section 324,
“periodic review” means a review conducted in accordance with section 328(5)(b), and
“re-assessment review” means a review conducted in accordance with section 328(5)(a).
I163
For paragraph 2 substitute—
2
1
Before making a statement, a local education authority shall serve on the parent of the child concerned a copy of the proposed statement.
2
But that is subject to sub-paragraphs (3) and (4).
3
The copy of the proposed statement shall not specify any prescribed matter.
4
The copy of the proposed statement shall not specify any matter in pursuance of section 324(4).
2AAmendments to a statement
1
A local education authority shall not amend a statement except—
a
in compliance with an order of the Tribunal,
b
as directed by the Secretary of State under section 442(4), or
c
in accordance with the procedure laid down in this Schedule.
2
If, following a re-assessment review, a local education authority propose to amend a statement, they shall serve on the parent of the child concerned a copy of the proposed amended statement.
3
Sub-paragraphs (3) and (4) of paragraph 2 apply to a copy of a proposed amended statement served under sub-paragraph (2) as they apply to a copy of a proposed statement served under paragraph 2(1).
4
If, following a periodic review, a local education authority propose to amend a statement, they shall serve on the parent of the child concerned—
a
a copy of the existing statement, and
b
an amendment notice.
5
If, at any other time, a local education authority propose to amend a statement, they shall proceed as if the proposed amendment were an amendment proposed after a periodic review.
6
An amendment notice is a notice in writing giving details of the amendments to the statement proposed by the authority.
2BProvision of additional information
1
Sub-paragraph (2) applies when a local education authority serve on a parent—
a
a copy of a proposed statement under paragraph 2,
b
a copy of a proposed amended statement under paragraph 2A, or
c
an amendment notice under paragraph 2A.
2
The local education authority shall also serve on the parent a written notice explaining (to the extent that they are applicable)—
a
the arrangements under paragraph 3,
b
the effect of paragraph 4, and
c
the right to appeal under section 326.
3
A notice under sub-paragraph (2) must contain such other information as may be prescribed.
I174
In paragraph 3, in sub-paragraph (1), for the words from “a parent” to “paragraph 2” substitute
a parent—
a
on whom a copy of a proposed statement has been served under paragraph 2,
b
on whom a copy of a proposed amended statement has been served under paragraph 2A, or
c
on whom an amendment notice has been served under paragraph 2A which contains a proposed amendment about —
i
the type or name of a school or institution, or
ii
the provision made for the child concerned under arrangements made under section 319,
to be specified in the statement,
I185
In that paragraph, in sub-paragraph (2), for “paragraph 2(b)” substitute “
paragraph 2B
”
.
I196
In that paragraph omit sub-paragraph (4).
I207
After that paragraph, insert—
3AConsultation on specifying name of school in statement
1
Sub-paragraph (2) applies if a local education authority are considering—
a
specifying the name of a maintained school in a statement, or
b
amending a statement—
i
if no school was specified in the statement before the amendment, so that a maintained school will be specified in it,
ii
if a school was specified in the statement before the amendment, so that a different school, which is a maintained school, will be specified in it.
2
The local education authority shall—
a
serve a copy of the proposed statement or amended statement, or of the existing statement and of the amendment notice, on each affected body, and
b
consult each affected body.
3
“Affected body” means—
a
the governing body of any school which the local education authority are considering specifying; and
b
if a school which the local education authority are considering specifying is maintained by another local education authority, that authority.
I218
In paragraph 4, in sub-paragraph (1)—
a
after “paragraph 2” insert “
, or on whom a proposed amended statement or an amendment notice has been served under paragraph 2A,
”
;
b
in paragraphs (a) and (b), for “statement” substitute “
proposed statement or the statement as it will have effect if amended in the way proposed by the authority
”
.
I229
In that paragraph, in sub-paragraph (2), after “sub-paragraph (1)(b)” insert
in relation to—
c
a proposed statement, or
d
an amendment proposed following a re-assessment review,
I2310
In that paragraph, in sub-paragraphs (4)(a) and (5), for “paragraph 2(b)” substitute “
paragraph 2B
”
.
I2411
In paragraph 5, in sub-paragraph (1), after “make” insert “
or amend
”
.
I2512
In that paragraph, in sub-paragraph (2), for “The statement” substitute “
If a local education authority make a statement, it
”
.
I2613
After that sub-paragraph insert—
2A
If a local education authority amend a statement following service of a proposed amended statement under paragraph 2A, the amended statement made may be in the form proposed or in a form modified in the light of the representations.
2B
If a local education authority amend a statement following service of an amendment notice, the amendments may be those proposed in the notice or amendments modified in the light of the representations.
I2714
For paragraph 6, substitute—
6
1
Where a local education authority make or amend a statement they shall serve a copy of the statement, or the amended statement, on the parent of the child concerned.
2
They shall, at the same time, give the parent written notice of his right to appeal under section 326(1) against—
a
the description in the statement of the authority’s assessment of the child’s special educational needs,
b
the special educational provision specified in the statement (including the name of a school specified in the statement), or
c
if no school is named in the statement, that fact.
3
A notice under sub-paragraph (2) must contain such other information as may be prescribed.
I2815
In paragraph 8(1)(b)—
e
in sub-paragraph (ii), after “statement” insert “
or amended statement
”
; and
f
omit sub-paragraph (iii).
I2916
In paragraph 9—
g
in sub-paragraph (1), omit “amend or” and “10 or”; and
h
in sub-paragraph (2)—
i
after paragraph (a), insert “
or
”
,
ii
omit paragraph (b), the word “or” after paragraph (c) and paragraph (d).
I3017
Omit paragraph 10.
Part 2 APPEALS AGAINST AMENDMENTS TO STATEMENT OF SPECIAL EDUCATIONAL NEEDS
I3118
Section 326 of the 1996 Act is amended as follows.
I3219
For subsection (1) substitute—
1
The parent of a child for whom a local education authority maintain a statement under section 324 may appeal to the Tribunal—
a
when the statement is first made,
b
if an amendment is made to the statement, or
c
if, after conducting an assessment under section 323, the local education authority determine not to amend the statement.
1A
An appeal under this section may be against any of the following—
a
the description in the statement of the local education authority’s assessment of the child’s special educational needs,
b
the special educational provision specified in the statement (including the name of a school so specified),
c
if no school is specified in the statement, that fact.
I3320
In subsection (2), for “paragraph 10” substitute “
paragraph 2A
”
.
F11SCHEDULE 2 RESPONSIBLE BODIES FOR SCHOOLS
...
F11SCHEDULE 3 AMENDMENT OF SCHEDULE 3 TO THE 1995 ACT
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11SCHEDULE 4 RESPONSIBLE BODIES FOR EDUCATIONAL INSTITUTIONS
...
F11SCHEDULE 5 MODIFICATIONS OF CHAPTER 2 OF PART 4 OF THE 1995 ACT
...
F11 SCHEDULE 6 AMENDMENT OF SCHEDULE 4 TO THE 1995 ACT
...
F6SCHEDULE 7 AMENDMENTS TO THE DISABILITY RIGHTS COMMISSION ACT 1999
Sch. 7 repealed (1.10.2007) by Equality Act 2006 (c. 3), s. 93(1), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2(d)
F61
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F63
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F64
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F68
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F69
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 8 MINOR AND CONSEQUENTIAL AMENDMENTS
Part 1 THE 1996 ACT
I341
The 1996 Act is amended as follows.
2The re-naming of the Tribunal
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In section 333, for subsection (1) substitute—
1
The Tribunal shall exercise the jurisdiction conferred on it by this Part.
4
In paragraph 118(3) of Schedule 37, omit paragraph (d).
F3I355Annual reports
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I366Contents and service of notices
1
In section 325 (appeal against decision not to make a statement), in subsection (1), omit “, and of the effect of subsection (2) below,”.
2
After subsection (2) of that section insert—
2A
A notice under subsection (1) must inform the parent of the right of appeal under subsection (2) and contain such other information as may be prescribed.
2B
Regulations may provide that where a local education authority are under a duty under this section to serve any notice, the duty must be performed within the prescribed period.
I377
1
In section 328 (reviews of educational needs), in subsection (3)(a), for the words from “notice” to “below” substitute “
notice in writing of that fact
”
.
2
After subsection (3) of that section insert—
3A
A notice under subsection (3)(a) must inform the parent of the right of appeal under subsection (3)(b) and contain such other information as may be prescribed.
3B
Regulations may provide that where a local education authority are under a duty under this section to serve any notice, the duty must be performed within the prescribed period.
I388
1
In section 329 (assessment of educational needs at request of child’s parent), in subsection (2)(a), for the words from “notice” to “below” substitute “
notice in writing of that fact
”
.
2
After subsection (2) of that section insert—
2A
A notice under subsection (2)(a) must inform the parent of the right of appeal under subsection (2)(b) and contain such other information as may be prescribed.
I399
1
In paragraph 8 of Schedule 27 (change of name of school), in sub-paragraph (3)(a), for the words from “notice” to “below” substitute “
notice in writing of that fact
”
.
2
After sub-paragraph (3) of that paragraph insert—
3A
A notice under sub-paragraph (3)(a) must inform the parent of the right of appeal under sub-paragraph (3)(b) and contain such other information as may be prescribed.
I4010
1
In paragraph 11 of that Schedule (ceasing to maintain a statement), in sub-paragraph (2)(a), for the words from “notice” to “below” substitute “
notice in writing of that fact
”
.
2
After sub-paragraph (2) of that paragraph insert—
2A
A notice under sub-paragraph (2)(a) must inform the parent of the right of appeal under sub-paragraph (2)(b) and contain such other information as may be prescribed.
I4111Proposals to make an assessment
1
In section 323(1)(a) (assessment of special educational needs), for “propose” substitute “
are considering whether
”
.
2
In paragraph 4(1) of Schedule 26 (making of assessments under section 323), for “propose” substitute “
are considering whether
”
.
F1412Statements: suitable arrangements made by parents
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4213Procedure regulations
1
Section 336 is amended as follows.
2
In subsection (2)—
a
omit paragraph (d); and
b
in paragraph (g), for “discovery” substitute “
disclosure
”
.
3
After subsection (2), insert—
2A
Proceeding before the Tribunal shall be held in private, except in prescribed circumstances.
4
In subsection (4), for “that Act” substitute “
that Part
”
.
5
After that subsection, insert—
4A
The regulations may make provision for an appeal under this Part to be heard, in prescribed circumstances, with a claim under Chapter 1 of Part 4 of the Disability Discrimination Act 1995.
I4314Time limits with respect to assessments
1
Paragraph 3 of Schedule 26 (manner and timing of assessments under section 323) is amended as follows.
2
In sub-paragraph (2), for “paragraph 10” substitute “
paragraph 2A
”
.
3
For sub-paragraphs (3) and (4) substitute—
3
Regulations may provide—
a
that where a local education authority are under a duty under section 323, 329 or 329A to serve any notice, the duty must be performed within the prescribed period,
b
that where a local education authority have served a notice under section 323(1) or 329A(3) on a child’s parent, they must decide within the prescribed period whether or not to make an assessment of the child’s educational needs,
c
that where a request has been made to a local education authority under section 329(1), they must decide within the prescribed period whether or not to comply with the request, and
d
that where a local education authority are under a duty to make an assessment, the duty must be performed within the prescribed period.
4
Provision made under sub-paragraph (3)—
a
may be subject to prescribed exceptions, and
b
does not relieve the authority of the duty to serve a notice, or make a decision or assessment, which has not been served or made within the prescribed period.
I4415School attendance orders: amendment of statement of special educational needs
1
Section 441 (amendment of statement on service of school attendance order) is amended as follows.
2
In subsection (3)(a), omit “in accordance with paragraph 10 of Schedule 27”.
3
After that subsection, insert—
3A
An amendment to a statement required to be made under subsection (3)(a) shall be treated for the purposes of Schedule 27 as if it were an amendment proposed following a periodic review (within the meaning of that Schedule).
Part 2 OTHER ENACTMENTS
I4516The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
Section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.
I4617
In subsection (1) (requirement to obtain opinion of local authority officer as to whether child is a disabled person)—
a
in paragraph (a), omit “under the age of 14”; and
b
in paragraph (b)—
i
in sub-paragraph (i), for “the first annual review of the statement following the child’s fourteenth birthday” substitute “
a review of the statement prescribed for the purposes of this paragraph
”
; and
ii
in sub-paragraph (ii), for “that birthday” substitute “
they have carried out the review prescribed for the purposes of sub-paragraph (i)
”
.
I4718
In subsection (9) (interpretation), after the definition of “establishment of higher or further education” insert—
“prescribed” means prescribed in regulations made—
a
in relation to England, by the Secretary of State; and
b
in relation to Wales, by the National Assembly for Wales;
19The Tribunals and Inquiries Act 1992 (c. 53)
The Tribunals and Inquiries Act 1992 is amended as follows.
20
In section 11(1) (appeals from certain tribunals)—
a
for “15(a), (d) or (e)” substitute “
15(a) or (d)
”
; and
F7b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21
In paragraph 15 of Schedule 1 (bodies subject to the supervision of the Council) omit sub-paragraph (e).
22
After paragraph 40A of that Schedule, insert—
Special educational needs and disability discrimination.
40B. The Special Educational Needs and Disability Tribunal.
23The School Standards and Framework Act 1998 (c. 31)
1
The School Standards and Framework Act 1998 is amended as follows.
F42
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In paragraph 6 of Schedule 5 (duty of adjudicators to have regard to anti-discrimination duties of other bodies)—
a
omit “or”, at the end of sub-paragraph (a); and
b
after sub-paragraph (b), insert
or
c
Chapter 1 of Part 4 of the Disability Discrimination Act 1995,
4
In Schedule 30 (minor and consequential amendments), omit paragraph 186(2)(b).
I48SCHEDULE 9 REPEALS
Sch. 9 wholly in force at 1.9.2002; Sch. 9 not in force at Royal Assent see s. 43(3); Sch. 9 in force for specified purposes for E. at 1.1.2002 by S.I. 2001/2217, art. 5, Sch. Pt. II; S.I. 2001/2614, art. 4; Sch. 9 in force for specified purposes for W. at 1.4.2002 by S.I. 2001/3992, art. 5, Sch. Pt. II; Sch. 9 in force for specified purposes for W. at 1.4.2002 by S.I. 2002/74, art. 5; Sch. 9 in force in so far as not already in force at 1.9.2002 by S.I. 2002/2217, art. 3, Sch. 1 Pt. 1
Short title and chapter | Extent of repeal |
|---|---|
The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) | In section 5(1)(a), the words “under the age of 14”. |
The Further and Higher Education Act 1992 (c. 13) | In section 65, subsections (4A) and (4B). |
The Further and Higher Education (Scotland) Act 1992 (c. 37) | In section 40, subsections (5) and (6). |
The Tribunals and Inquiries Act 1992 (c. 53) | In Schedule 1, paragraph 15(e). |
The Disability Discrimination Act 1995 (c. 50) | Section 19(5)(a) to (ab) and (6). Section 29. Section 30(6). Section 31(3). In section 53A(8), the words after first “proceedings”. |
The Education Act 1996 (c. 56) | In section 325(1), the words “, and of the effect of subsection (2) below,”. In section 336(2), paragraph (d). In section 441(3)(a), the words “in accordance with paragraph 10 of Schedule 27”. Section 528. In Schedule 27, paragraph 3(4), paragraph 8(1)(b)(iii), in paragraph 9(1), the words “amend, or” and “10 or”, and paragraph 10. In Schedule 37, paragraphs 118(3)(d) and 129. |
The Teaching and Higher Education Act 1998 (c. 30) | Section 38. |
The School Standards and Framework Act 1998 (c. 31) | In paragraph 8 of Schedule 4, the word “or” after sub-paragraph (a). In paragraph 6 of Schedule 5, the word “or” after sub-paragraph (a). In Schedule 30, paragraph 186(2)(b). |
The Disability Rights Commission Act 1999 (c. 17) | In section 6(5), the words “of a court or tribunal”. |
The Learning and Skills Act 2000 (c. 21) | In section 6, subsections (4) and (6). In section 35, subsections (4) and (6). In Schedule 9, paragraph 49. |
Schs. 2-6 repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)