(1)Where an assessment has been made in respect of a child under section 5, the local education authority who are responsible for the child shall, if they are of the opinion that they should determine the special educational provision that should be made for him, make a statement of his special educational needs and maintain that statement in accordance with the following provisions of this Act.
[F1(2)In any case where a local education authority maintain a statement under this section in respect of a child—
(a)it shall be the duty of the authority to arrange that the special educational provision specified in the statement is made for him; and
(b)the authority may arrange that any non-educational provision specified in the statement is made for him in such manner as they consider appropriate;
unless his parent has made suitable arrangements.]
(3)Before making such a statement a local education authority shall serve on the parent of the child concerned—
(a)a copy of the proposed statement; and
(b)a written explanation of the effect of subsections (4) to (7) below.
(4)If the parent on whom a copy of a proposed statement has been served under subsection (3)(a) above disagrees with any part of the proposed statement he may, before the expiry of the appropriate period—
(a)make representations (or further representations) to the authority about the content of the proposed statement;
(b)require the authority to arrange a meeting between him and an officer of the authority at which the proposed statement can be discussed.
(5)Where a parent, having attended a meeting arranged by a local education authority under subsection (4)(b) above, disagrees with any part of the assessment in question he may, before the expiry of the appropriate period, require the authority to arrange one or more meetings under subsection (6) below.
(6)Where a local education authority receive a request duly made under subsection (5) above they shall arrange such meeting or meetings as they consider will enable the parent to discuss the relevant advice with the appropriate person or persons.
In this subsection—
“ relevant advice” means such of the advice given to the authority in connection with the assessment as they consider to be relevant to that part of the assessment with which the parent disagrees; and
“ appropriate person” means the person who gave the relevant advice or any other person who, in the opinion of the authority, is the appropriate person to discuss it with the parent.
(7)In this section “ appropriate period” means the period of 15 days beginning—
(a)in the case of a request under subsection (4)(b) above, with the date on which the statement mentioned in subsection (3)(b) above was served on the parent;
(b)in the case of a request under subsection (5) above, with the date fixed for the meeting arranged under subsection (4)(b) above; and
(c)in the case of representations, or further representations, under subsection (4)(a) above—
(i)with the date mentioned in paragraph (a) above; or
(ii)if one or more meetings have been arranged under the preceding provision of this section, with the date fixed for the last of those meetings.
(8)Where any such representations are made to a local education authority the authority may, after considering those representations—
(a)make a statement in the form originally proposed;
(b)make a statement in a modified form; or
(c)determine not to make a statement;
and shall notify the parent in writing of their decision.
(9)On making a statement under this section a local education authority shall serve on the parent of the child concerned—
(a)a copy of the statement;
(b)notice in writing of his right under section 8(1) of this Act to appeal against the special educational provision specified in the statement; and
(c)notice in writing of the name of the person to whom he may apply for information and advice about the child’s special educational needs.
(10)The Secretary of State may by regulations prescribe the frequency with which assessments are to be repeated in respect of children for whom statements are maintained under this section.
(11)The provisions of Part II of Schedule 1 to this Act have effect in relation to statements made under this section.
Textual Amendments
F1S. 7(2) substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 83