Education (Scotland) Act 1980

62 Recording of children and young persons. S

(1) In deciding whether or not to record a child or young person an education authority shall take into consideration—

(a) in the case of a child, the advice given to them with respect to the child in consequence of the process of [F1 observation and] assessment undergone by him in pursuance of section 61(1) or (6) of this Act;

(b) in the case of a young person, the advice given to them with respect to the young person in consequence of the process of [F1 observation and] assessment undergone by him in pursuance of section 61(7) of this Act;

(c) any views expressed by the parent of the child, or by the young person or, where the education authority were satisfied that the young person was not capable of expressing his views for the purposes of section 61(7) of this Act, his parent;

(d) if he has been at any time in attendance at any school other than one under their management, any reports or other information with respect to him obtained by them from the managers of the school or from teachers at the school;

(e) any other reports or information relevant to his educational needs which they are able to obtain.

(2) The decision of an education authority whether or not to record a child or young person, the reasons for that decision and the terms in which the education authority propose to record the child or young person shall be intimated forthwith by notice in writing to the parent of the child or, in a case where the authority were satisfied that the young person was not capable of expressing his views for the purposes of section 61(7) of this Act, to his parent or, in any other case, to the young person, and the education authority shall, in recording the child or young person, have regard to any views expressed upon these terms by the parent of the child or of the young person or, as the case may be, the young person, within 14 days of the date of the notice, and thereafter notify him of—

(a) their decision as to those terms;

(b) the right of appeal under section 63 of this Act; and

(c) the name and address of the person to whom application may be made for advice and information about the child’s or young person’s special educational needs [F2 unless the parent of the child or of the young person or, as the case may be, the young person has requested the education authority not to appoint such a person].

(3) An education authority shall ensure that the provision made by them under this Act for a recorded child or a recorded young person includes provision for his special educational needs [F3 ; and they shall in any event, as regards each such child belonging to their area as is mentioned in section 60(2)(b)(ii) of this Act, make provision for any special educational needs recorded in respect of the child which are not being met by other suitable arrangements].

Textual Amendments

F1 Words inserted by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 113:1), s. 14(4)(a)

F2 Words added by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33,SIF113:1), s. 14(4)(b)

F3 Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 72(3)

Modifications etc. (not altering text)

C1 S. 62 modified (during period of 3 years beginning with 1.1.1983) by Education (Scotland) Act 1981 (c. 58), Sch. 8 para. 4(b); modified by S.I. 1982/1734, regs. 4, 6, Schs. 2, 4