Education (Scotland) Act 1980

61 Examination and assessment of children and young persons. S

(1) It shall not be lawful for an education authority to establish, under section 60 of this Act, that a child has pronounced, specific or complex special educational needs such as require continuing review and to record him unless he has undergone a [F1 process of observation and assessment (including educational, psychological and medical assessments)], for the purpose of affording to the authority advice as to his special educational needs and whether or not they ought to record him; and before doing so, an authority shall—

(a) invite the parent of that child by notice in writing to submit the child for [F2 assessment] for the said purpose, and

(b) (in the case of a child [F3 in respect of whom the authority is under a duty under section 60(2) of this Act]) if the parent fails without reasonable excuse to submit the child as aforesaid, by notice in writing served upon the parent require him to submit the child for [F2 assessment] for the said purpose.

(2) A parent who submits his child for [F4 assessment] in pursuance of subsection (1) above or subsection (6) below shall be entitled to be present at [F5 any medical examination held in connection with the assessment].

(3) A notice under paragraph (a) or (b) of subsection (1) above in respect of any child shall—

(a) state that the purpose of the [F6 assessment] is to afford to the education authority advice as to his special educational needs and whether or not they ought to record the child;

(b) specify the times and places at which [F7 any examinations held in connection with the assessment] will be held;

(c) inform the parent of his right to be present at [F8 any medical examination held in connection with the assessment];

(d) inform the parent of the name of the officer of the authority from whom advice and further information may be obtained;

(e) invite the parent to express in writing to the authority, within 21 days from the date of the notice or such longer period as the notice may specify, his views as regards the special educational needs of the child and the measures required to meet those needs;

and a notice under the said paragraph (b) shall in addition inform the parent of the effect of subsection (4) below.

(4) If any parent on whom a notice has been served under paragraph (b) of subsection (1) above fails without reasonable excuse to comply with the requirements of the notice, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F9 £50][F9 level 2 on the standard scale].

(5) The duty imposed by section 60(2) of this Act shall not apply if the parent of the child has had notice served upon him under subsection (1)(b) above and has failed to comply with that notice.

(6) If the parent of any child requests the education authority for the area to which the child belongs (in accordance with section 23(3) of this Act) to make arrangements for the child to undergo such process of [F10 observation and] assessment as is mentioned in subsection (1) above for the purpose mentioned there, the authority shall comply with the request unless in their opinion the request is unreasonable.

(7) It shall not be lawful for an education authority to establish, under section 60 of this Act, that a young person has pronounced, specific or complex special educational needs such as require continuing review and to record him unless—

(a) that young person has undergone such process of [F11 observation and] assessment as the authority consider necessary for the purpose of affording to them advice as to his special educational needs and whether or not they ought to record him; and

(b) that young person or, where the education authority are satisfied that a young person is not capable of expressing his views for the purposes of this section, his parent has been invited by the authority, by notice in writing, to express to the authority, within 14 days from the date of the notice or such longer period as the notice may specify, his views as regards the special educational needs of the young person and the? measures required to meet those needs.

Textual Amendments

F1 Words substituted by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 113:1), s. 14(3)(a)(i)

F2 Word substituted by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 113:1), s. 14(3)(a)(ii)

F3 Words substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 72(2)

F4 Word substituted by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 113:1), s. 14(3)(b)(i)

F5 Words substituted by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 113:1), s. 14(3)(b)(ii)

F6 Word substituted by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 113:1), s. 14(3)(c)(i)

F7 Words substituted by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 113:1), s. 14(3)(c)(ii)

F8 Words substituted by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 113:1), s. 14(3)(c)(iii)

F9 Words from “level” to “scale” substituted (11.4.1983) for word “£50” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F10 Words inserted by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 113:1), s. 14(3)(d)

F11 Words inserted by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 113:1), s. 14(3)(e)

Modifications etc. (not altering text)

C1 S. 61 modified (during period of 3 years beginning with 1.1.1983) by Education (Scotland) Act 1981 (c. 58), Sch. 8 para. 4(b)

C2 Power to modify s. 61 (during period of 3 years beginning with 1.1.1983), as originally enacted and as applied by s. 63, conferred by Education (Scotland) Act 1981 (c. 58) Sch. 8 para. 4(c)

C3 S. 61 modified by S.I. 1982/1734, regs. 3, 5, Schs. 1, 3