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Special Educational Needs and Disability Act 2001

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This is the original version (as it was originally enacted).

This section has no associated Explanatory Notes

3For 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).

Amendments to a statement

2A(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.

Provision of additional information

2B(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.”

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