Education Act 1996

330 Assessment of educational needs at request of governing body of grant-maintained school. E+W

(1) Where in the case of a child for whom a local education authority are responsible but for whom no statement is maintained under section 324—

(a) a grant-maintained school is specified in a direction in respect of the child under section 431 (direction to admit child to specified school),

(b) the governing body of the school ask the authority to arrange for an assessment to be made in respect of the child 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,

the local education authority shall serve a notice under subsection (2) on the child’s parent.

(2) The notice shall inform the child’s parent—

(a) that the local education authority propose 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 the officer of the authority from whom further information may be obtained, and

(d) of the parent’s right to make representations, and submit written evidence, to the authority within such period (which must not be less than 29 days beginning with the date on which the notice is served) as may be specified in the notice.

(3) Where—

(a) a local education authority have served a notice under subsection (2) and the period specified in the notice in accordance with subsection (2)(d) has expired, and

(b) the authority are of the opinion, after taking into account any representations made and any evidence submitted to them in response to the notice, that the child falls, or probably falls, within subsection (4),

they shall make an assessment of his educational needs under section 323.

(4) A child falls within this subsection if—

(a) he has special educational needs, and

(b) it is necessary to determine the special educational provision which any learning difficulty he may have calls for.

(5) Where a local education authority decide in pursuance of this section to make an assessment under section 323, they shall give notice in writing to the child’s parent, and to the governing body of the grant-maintained school, of that decision and of their reasons for making it.

(6) Where, at any time after serving a notice under subsection (2), a local education authority decide not to assess the educational needs of the child concerned, they shall give notice in writing to the child’s parent and to the governing body of the grant-maintained school of their decision.