Disabled Persons (Services, Consultation and Representation) Act 1986

5 Disabled persons leaving special education. E+W

(1) Where—

(a) a local authority have made a statement under section 7 of the M1 Education Act 1981 [F1 section 168 of the Education Act 1993 or section 324 of the Education Act 1996] (statement of child’s educational needs) [F2 , or have maintained an EHC plan under section 37 of the Children and Families Act 2014,] in respect of a child F3 ... and

(b) the statement [F4 or plan] is still maintained by the authority at whichever is the earlier of the following times, namely—

(i) the time when they institute [F5 a review of the statement [F4 or plan] prescribed for the purposes of this paragraph], and

(ii) any time falling after [F6 they have carried out the review prescribed for the purposes of sub-paragraph (i)] when they institute a re-assessment of his educational needs,

the authority shall at that time require the appropriate officer to give to the authority his opinion as to whether the child is or is not a disabled person.

(2) Where—

(a) a [F7 local authority] make any such statement [F8 , or secure the preparation of an EHC plan,] in respect of a child after he has attained the age of 14, or

(b) a [F7 local authority] maintain any such statement [F9 or plan] in respect of a child in whose case the appropriate officer has, in pursuance of subsection (1), given his opinion that the child is not a disabled person, but the authority have become aware of a significant change in the mental or physical condition of the child giving them reason to believe that he may now be a disabled person,

the authority shall, at the time of making the statement [F10 , securing the preparation of the plan] or (as the case may be) of becoming aware of that change, require the appropriate officer to give to the authority his opinion as to whether the child is or is not a disabled person.

[F11 (3) In the following provisions of this section and in section 6 a person in respect of whom the appropriate officer has given his opinion that he is a disabled person is referred to as a “disabled student”.

(3A) The responsible authority shall give to the appropriate officer written notification for the purposes of subsection (5) of the date on which any disabled student will cease to be of compulsory school age, and the notification shall state—

(a) his name and address; and

(b) whether or not he intends to remain in full-time education and, if he does, the name of the school or other institution at which the education will be received;

and shall be given not earlier than twelve months, nor later than eight months, before that date.

(3B) Where, in the case of a disabled student over compulsory school age who is receiving relevant full-time education, that is—

(a) full-time education at a school; or

(b) full-time further or higher education at an institution other than a school;

it appears to the responsible authority that the student will cease to receive relevant full-time education on a date (“the leaving date”) on which he will be under the age of nineteen years and eight months, the responsible authority shall give written notification for the purposes of subsection (5) to the appropriate officer.

(3C) That notification shall state—

(a) his name and address; and

(b) the leaving date;

and shall be given not earlier than twelve months, nor later than eight months, before the leaving date.

(4) If at any time it appears to the responsible authority—

(a) that a disabled student has ceased to receive relevant full-time education or will cease to do so on a date less than 8 months after that time, and

(b) that no notification has been given under subsection (3B), but

(c) that, had the responsible authority for the time being been aware of his intentions 8 months or more before that date, they would have been required to give notification under that subsection with respect to him,

that authority shall, as soon as is reasonably practicable, give written notification for the purposes of subsection (5) to the appropriate officer of his name and address and of the date on which he ceased to receive, or will cease to receive, that education.]

(5) When the appropriate officer receives a notification given with respect to [F12 a student under subsection (3A) that he does not intend to remain in full-time education or under subsection (3B)] or (4), he shall (subject to subsections (6) and (7) make arrangements for the local authority of which he is an officer to carry out an assessment of the needs of that person with respect to the provision by that authority of any statutory services for that person in accordance with any of the welfare enactments, and any such assessment shall be carried out—

(a) in the case of a [F13 notification under subsection (3A) or (3B)], not later than the end of the period of 5 months beginning with the date of receipt of the notification, or

(b) in the case of a notification under subsection (4), before the date specified in the notification, if reasonably practicable, and in any event not later than the end of the period referred to in paragraph (a) above.

(6) If—

(a) a notification has been given to the appropriate officer with respect to any person under subsection [F14 (3A) that he does not intend to remain in full-time education or under subsection (3B)] or (4), but

(b) it subsequently appears to [F15 the responsible authority that the person will be receiving relevant full-time education] at a time later than the date specified in the notification,

the authority shall give written notification of the relevant facts to that officer as soon as is reasonably practicable; and on receiving any such notification that officer shall cease to be required under subsection (5) to make arrangements for the assessment of the needs of the person in question (but without prejudice to the operation of that subsection in relation to any further notification given with respect to that person under subsection [F14 (3A) that he does not intend to remain in full-time education or under subsection (3B)] or (4)).

(7) Nothing in subsection (5) shall require the appropriate officer to make arrangements for the assessment of the needs of a person—

(a) if, having attained the age of 16, he has requested that such arrangements should not be made under that subsection, or

(b) if, being under that age, his parent or [F16 other person who is not a parent of his but who has parental responsibility for him] has made such a request.

(8) Regulations under [F17 paragraph 7 of Schedule 27 to the Education Act 1996] (assessments and statements of special educational needs) may, in relation to the transfer of statements [F18 maintained under section 324] of that Act, make such provision as appears to the Secretary of State to be necessary or expedient in connection with the preceding provisions of this section.

[F19 (8A) Regulations under section 47 of the Children and Families Act 2014 (transfer of EHC plans) may make such provision as appears to the Secretary of State to be necessary or expedient in connection with subsections (1) to (7) of this section.]

(9) In this section—

• “the appropriate officer”, in relation to the child or person referred to in the provision of this section in question, means such officer as may be appointed for the purposes of this section by the local authority for the area in which that child or person is for the time being ordinarily resident;

• “child” means a person of compulsory school age or a person who has attained that age but not the age of 19 and is registered as a pupil at a school or [F20 as a student at] [F21 an establishment of higher or further education];

• [F22 “establishment of higher or further education” means an institution which provides higher education or further education (or both);] and

• [F23 “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;]

• “the responsible authority”—

  (a)

  in relation to a child at school, means the [F7 local authority] who are responsible for the child for the purposes of [F24 Part IV of the Education Act 1996] [F25 or (as the case may be) Part 3 of the Children and Families Act 2014];

  (b)

  [F26 in relation to a person receiving full-time further education or higher education at an institution within the further education sector or the higher education sector, means the governing body of the institution; and

  (c)

  in relation to a person for whom [F27 [F28 a local authority F29 ...] or [F30 the National Assembly for Wales]] has secured full-time further education at an institution (other than a school) outside the further education sector or the higher education sector, the [F31 local authority F32 ...] [F33 or the National Assembly as the case may be]]

  in each case whether any such opinion as is mentioned in subsection (3) was given to that authority or not;

and other expressions used in this section and in [F34 the Education Act 1996] [F35 or the Further and Higher Education Act 1992] (and not defined in this Act) have the same meaning in this section as in [F36 those Acts].

(10) This section applies to England and Wales only.

Textual Amendments

F1 Words in s. 5(1)(a) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 64(2) (with ss. 1(4), 561, 562, Sch. 39)

F2 Words in s. 5(1)(a) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 64(2)(a); S.I. 2014/889, art. 7(a)

F3 Words in s. 5(1)(a) omitted (15.6.2001 for specified purposes otherwise 1.1.2002 for E., and 21.1.2002 for specified purposes otherwise 1.4.2002 for W.) by 2001 c. 10, s. 42(1), Sch. 8 para. 17(a) (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. (as amended (31.8.2001) by S.I. 2001/2614, art. 4); S.I. 2002/74, arts. 4, 5, Sch. Pt. II and the said words repealed (1.1.2002 for E. and otherwise 1.4.2002 for W.) by 2001 c. 10, s. 42(6), Sch. 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. (as amended (31.8.2001) by S.I. 2001/2614, art. 4); S.I. 2002/74, arts. 4, 5, Sch. Pt. II

F4 Words in s. 5(1)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 64(2)(b); S.I. 2014/889, art. 7(a)

F5 Words in s. 5(1)(b)(i) substituted (15.6.2001 for specified purposes otherwise 1.1.2002 for E., and 21.1.2002 for specified purposes and otherwise 1.4.2002 for W.) by 2001 c. 10, s. 42(1), Sch. 8 para. 17(b)(i) (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. (as amended (31.8.2001) by S.I. 2001/2614, art. 4); S.I. 2002/74, arts. 4, 5, Sch. Pt. II

F6 Words in s. 5(1)(b)(ii) substituted (15.6.2001 for specified purposes and 1.1.2002 for E. and 21.1.2002 for specified purposes and otherwise 1.4.2002 for W.) by 2001 c. 10, s. 42(1), Sch. 8 para. 17(b)(ii) (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch (as amended (31.8.2001) by S.I. 2001/2614, art. 4); S.I. 2002/74, arts. 4, 5, Sch. Pt. II

F7 Words in s. 5 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 35(2)

F8 Words in s. 5(2)(a) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 64(3)(a); S.I. 2014/889, art. 7(a)

F9 Words in s. 5(2)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 64(3)(b); S.I. 2014/889, art. 7(a)

F10 Words in s. 5(2) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 64(3)(c); S.I. 2014/889, art. 7(a)

F11 S. 5(3)-(3C)(4) substituted (1.4.1993) for s. 5(3)(4) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 91(1)(2); S.I. 1992/831, art. 2, Sch. 3

F12 Words in s. 5(5) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 91(3)(a); S.I. 1992/831, art. 2, Sch. 3

F13 Words in s. 5(5) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 91(3)(b); S.I. 1992/831, art. 2, Sch. 3

F14 Words in s. 5(6) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 91(4)(a); S.I. 1992/831, art. 2, Sch. 3

F15 Words in s. 5(6) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 91(4)(b); S.I. 1992/831, art. 2, Sch. 3

F16 Words in S. 5(7)(b) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 60 (with s. 108(6), Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F17 Words in s. 5(8) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 64(3)(a) (with ss. 1(4), 561, 562, Sch. 39)

F18 Words in s. 5(8) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 64(3)(b) (with ss. 1(4), 561, 562, Sch. 39)

F19 S. 5(8A) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 64(4); S.I. 2014/889, art. 7(a)

F20 Words in s. 5(9) inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 91(5)(a); S.I. 1992/831, art. 2, Sch. 3

F21 Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 97(2)

F22 Definition inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 97(3)

F23 Definition of "prescribed" in s. 5(9) inserted (15.6.2001 for specified purposes and 1.1.2002 for E., and 21.1.2002 for specified purposes and otherwise 1.4.2002 for W.) by 2001 c. 10, s. 42(1), Sch. 8 para. 18 (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. (as amended (31.8.2001) by S.I. 2001/2614, art. 4); S.I. 2002/74, arts. 4, 5, Sch. Pt. II

F24 Words in s. 5(9) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 64(4)(a) (with ss. 1(4), 561, 562, Sch. 39)

F25 Words in s. 5(9) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 64(5); S.I. 2014/889, art. 7(a)

F26 S. 5(9): in the definition "the responsible authority" paras. (b)(c) substituted for para. (b) (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 91(5)(b); S.I. 1992/831, art. 2, Sch. 3

F27 S. 5(9): words in para. (c) in definition of "the responsible authority" substituted (28.7.2000 so far as consequential upon ss. 130, 131, Sch. 8 and 1.4.2001 for all other purposes for E. and 1.4.2001 for all other purposes for W.) by 2000 c. 21, ss. 149, 153(3)(5)(d), Sch. 9 para. 12; S.I. 2001/654, art. 2(2), Sch. Pt. II (with transitional provisions in art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (with transitional provisions and savings in arts. 3, 4)

F28 Words in s. 5(9) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 13(a) (with art. 2(3))

F29 Words in s. 5(9) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 6(a); S.I. 2012/924, art. 2

F30 Words in s. 5(9) substituted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 10(a) (with art. 7)

F31 Words in s. 5(9) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 13(b) (with art. 2(3))

F32 Words in s. 5(9) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 6(b); S.I. 2012/924, art. 2

F33 Words in s. 5(9) inserted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 10(b) (with art. 7)

F34 Words in s. 5(9) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 64(4)(b) (with ss. 1(4), 561, 562, Sch. 39)

F35 Words in s. 5(9) inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 91(5)(c); S.I. 1992/831, art. 2, Sch. 3

F36 Words in s. 5(9) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 91(5)(d); S.I. 1992/831, art. 2, Sch. 3

Modifications etc. (not altering text)

C1 S. 5: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Marginal Citations

M1 1981 c. 60.