C2Part III CHILDREN WITH SPECIAL EDUCATIONAL NEEDS
Identification and assessment of children with special educational needs
C1170 Appeal against contents of statement.
1
The parent of a child for whom a local education authority maintain a statement under section 168 of this Act may—
a
when the statement is first made,
b
where the description in the statement of the authority’s assessment of the child’s special educational needs, or the special educational provision specified in the statement, is amended, or
c
where, after conducting an assessment of the educational needs of the child under section 167 of this Act, the local education authority determine not to amend the statement,
appeal to the Tribunal against the description in the statement of the authority’s assessment of the child’s special educational needs, the special educational provision specified in the statement or, if no school is named in the statement, that fact.
2
Subsection (1)(b) above does not apply where the amendment is made in pursuance of paragraph 8 or 11(3)(b) of Schedule 10 to this Act or directions under section 197 of this Act; and subsection (1)(c) above does not apply to a determination made following the service of notice under paragraph 10 of Schedule 10 to this Act of a proposal to amend the statement.
3
On an appeal under this section, the Tribunal may—
a
dismiss the appeal,
b
order the authority to amend the statement, so far as it describes the authority’s assessment of the child’s special educational needs or specifies the special educational provision, and make such other consequential amendments to the statement as the Tribunal think fit, or
c
order the authority to cease to maintain the statement.
4
On an appeal under this section the Tribunal shall not order the local education authority to specify the name of any school in the statement (either in substitution for an existing name or in a case where no school is named) unless—
a
the parent has expressed a preference for the school in pursuance of arrangements under paragraph 3 of Schedule 10 to this Act, or
b
in the proceedings the parent, the local education authority or both have proposed the school.
5
Before determining any appeal under this section the Tribunal may, with the agreement of the parties, correct any deficiency in the statement.
Pt. III (ss. 156-191) applied (with modifications) (E.W.) (9.5.1994) by S.I. 1994/1084, reg. 5
Pt. III (ss. 156-191) modified (E.W.)(28.7.1994) by S.I. 1994/2038, art. 3, Sch. 4 para. 2(6)