Education Act 1996

Manner, and timing, of assessments, etc.

3 (1) Regulations may make provision—

(a) as to the manner in which assessments are to be conducted,

(b) requiring the local education authority, where, after conducting an assessment under section 323 of the educational needs of a child for whom a statement is maintained under section 324, they determine not to amend the statement, to serve on the parent of the child a notice giving the prescribed information, and

(c) in connection with such other matters relating to the making of assessments as the Secretary of State considers appropriate.

(2) Sub-paragraph (1)(b) does not apply to a determination made following the service of notice under paragraph 10 of Schedule 27 (amendment of statement by LEA) of a proposal to amend the statement.

(3) Regulations may provide that, where a local education authority are under a duty to make an assessment, the duty must, subject to prescribed exceptions, be performed within the prescribed period.

(4) Such provision shall not relieve the authority of the duty to make an assessment which has not been performed within that period.