Education Act 1981

4 General duty of local education authority towards children for whom they are responsible

(1) It shall be the duty of every local education authority to exercise their powers under this Act with a view to securing that, of the children for whom they are responsible, those with special educational needs which call for the local education authority to determine the special educational provision that should be made for them are identified by the authority.

(2) For the purposes of this Act a local education authority are responsible for a child if he is in their area and—

(a) he is registered as a pupil at a school maintained by them or is registered as a pupil in pursuance of arrangements made by them by virtue of section 6 of the [1953 c. 33.] Education (Miscellaneous Provisions) Act 1953 at a school which is not maintained by them or another local education authority: or

(b) he has been brought to their attention as having, or as probably having, special educational needs and—

(i) is registered as a pupil at a school but does not fall within paragraph (a) above ; or

(ii) is not registered as a pupil at a school and is not under the age of two years or over compulsory school age.