Education Act 1993 (repealed)

172 Reviews of educational needs. E+W

(1) Regulations may prescribe the frequency with which assessments under section 167 of this Act are to be repeated in respect of children for whom statements are maintained under section 168 of this Act.

(2) Where—

(a) the parent of a child for whom a statement is maintained under section 168 of this Act asks the local education authority to arrange for an assessment to be made in respect of the child under section 167 of this Act,

(b) such an assessment has not been made within the period of six months ending with the date on which the request is made, and

(c) it is necessary for the authority to make a further assessment under that section,

the authority shall comply with the request.

(3) If in any case where subsection (2)(a) and (b) above applies the authority determine not to comply with the request—

(a) they shall give notice of that fact and of the effect of paragraph (b) below to the child’s parent, and

(b) the parent may appeal to the Tribunal against the determination.

(4) On an appeal under subsection (3) above the Tribunal may—

(a) dismiss the appeal, or

(b) order the authority to arrange for an assessment to be made in respect of the child under section 167 of this Act.

(5) A statement under section 168 of this Act shall be reviewed by the local education authority—

(a) on the making of an assessment in respect of the child concerned under section 167 of this Act, and

(b) in any event, within the period of twelve months beginning with the making of the statement or, as the case may be, with the previous review.

(6) Regulations may make provision—

(a) as to the manner in which reviews of such statements are to be conducted,

(b) as to the participation in such reviews of such persons as may be prescribed, and

(c) in connection with such other matters relating to such reviews as the Secretary of State considers appropriate.

Commencement Information

I1 S. 172 wholly in force at 1.9.1994; s. 168 not in force at Royal Assent see s. 308(3); s. 172(1)(6) in force at 3.3.1994 by S.I. 1994/507, art. 2, Sch. 1 and S. 172(2)-(5) in force at 1.9.1994 by S.I. 1994/2038, art. 3 Sch. 2