Education Act 1981 (repealed 1.11.1996)

5 Assessment of special educational needs. E+W

(1) Where, in the case of a child for whom a local education authority are responsible, the authority are of the opinion—

(a) that he has special educational needs which call for the authority to determine the special educational provision that should be made for him; or

(b) that he probably has such special educational needs;

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

(2) Assessments under this section shall be made in accordance with the following provisions of this Act.

(3) If a local education authority propose to make an assessment of the educational needs of a child under this section they shall, before doing so, serve notice on the child’s parent informing him—

(a) that they propose to make an assessment;

(b) of the procedure to be followed in making it;

(c) of the name of the officer of the authority from whom further information may be obtained; and

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

(4) When a local education authority have served a notice under subsection (3) above and the period specified in the notice in accordance with paragraph (d) has expired, the authority shall, if they consider it appropriate after taking into account any representations made and any evidence submitted to them in response to the notice, assess the educational needs of the child concerned.

(5) Where a local education authority decide to make an assessment under this section they shall notify the child’s parent in writing of their decision and of their reasons for making it.

(6) If, after making an assessment of the educational needs of a child under this section, the local education authority decide that they are not required to determine the special educational provision that should be made for him the parent may appeal in writing to the Secretary of State.

(7) In a case falling within subsection (6) above the local education authority shall notify the parent in writing of his right of appeal under that subsection.

(8) On an appeal under subsection (6) above the Secretary of State may, if he thinks fit, direct the local education authority to reconsider their decision.

(9) The provisions of Part I of Schedule 1 to this Act have effect in relation to assessments under this section.

(10) Where, at any time after serving a notice under subsection (3) above, a local education authority decide not to assess the educational needs of the child concerned they shall notify his parent in writing of their decision.