he has a significantly greater difficulty in learning than the majority of children of his age,

he has a disability which either prevents or hinders him from making use of educational facilities of a kind generally provided for children of his age in schools within the area of the F130local authority , or

he is under F1compulsory school age and is, or would be if special educational provision were not made for him, likely to fall within paragraph (a) or (b) when of F2. . . that age.

for the purposes of sections 15ZA, 15A, 15B and 507B, or

for the purposes of sections 18A and 562H (except for the purpose of determining, for the purposes of those sections, whether a child has special educational needs).

in relation to a child who has attained the age of two, educational provision which is additional to, or otherwise different from, the educational provision made generally for children of his age in schools maintained by the F130local authority (other than special schools) F3. . ., and

in relation to a child under that age, educational provision of any kind.

the beginning of the period of detention in relevant youth accommodation, or

where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period.

the old authority must transfer the statement to the new authority, and

from the child's release, the statement is to be treated as being maintained by the new authority under section 324.

F131local authorities, and such governing bodies, exercising functions under this Part, and

any other person exercising any function for the purpose of the discharge by F131local authorities, and such governing bodies, of functions under this Part,

where the F130local authority concerned is in England, F95the First-tier Tribunal ,

where the F130local authority concerned is in Wales, the Special Educational Needs Tribunal for Wales.

the wishes of his parent, or

the provision of efficient education for other children.

a special school, or

an independent school which is not a mainstream school, or

a school approved under section 342,

he remains admitted to a special school, in prescribed circumstances, following an assessment under section 323 at that school;

he is admitted to a community or foundation special school which is established in a hospital.

section 348, or

paragraph 3 of Schedule 27.

to make a statement for a child under section 324, but

not to name in the statement the school for which a parent has expressed a preference under paragraph 3 of Schedule 27,

for England, by the Secretary of State,

for Wales, by the National Assembly for Wales.

in relation to F62... a pupil referral unit, means the F130local authority.

use their best endeavours, in exercising their functions in relation to the school, to secure that, if any registered pupil has special educational needs, the special educational provision which his learning difficulty calls for is made,

secure that, where the responsible person has been informed by the F130local authority that a registered pupil has special educational needs, those needs are made known to all who are likely to teach him, and

secure that the teachers in the school are aware of the importance of identifying, and providing for, those registered pupils who have special educational needs.

the governing bodies of F10community, foundation and voluntary schoolsF65 and maintained nursery schools shall, in exercising functions relating to the provision for such children, consult the F130local authorityF11. . . and the governing bodies of other such schools, F66...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

require the governing bodies of schools falling within subsection (3A) to ensure that special educational needs co-ordinators have prescribed qualifications or prescribed experience (or both), and

confer on the governing bodies of those schools other functions relating to special educational needs co-ordinators.

the child receiving the special educational provision which his learning difficulty calls for,

the provision of efficient education for the children with whom he will be educated, and

the efficient use of resources,

in the case of a school in England, prepare a report containing special needs information, and

in the case of a school in Wales, include special needs information in the report prepared under section 30(1) of the Education Act 2002 (governors' report).

such information as may be prescribed about the implementation of the governing body's policy for pupils with special educational needs, and

special educational provision is made for him at the school because it is considered that he has special educational needs, and

his parent has not previously been informed under this section of special educational provision made for him at the school.

the governing bodies of F14community, foundation or voluntary schoolsF68 or maintained nursery schools (in their or any other area) in the performance of the governing bodies’ duties under section 317(1)(a), or

the governing bodies of F14community or foundation special schools (in their or any other area) in the performance of the governing bodies’ duties,

who is F89receiving relevant early years education within the meaning of section 123 of the School Standards and Framework Act 1998, F87...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the special educational provision which a learning difficulty of a child in their area calls for, or

any part of any such provision,

fees charged by the institution,

expenses reasonably incurred in maintaining him while he is at the institution or travelling to or from it,

his travelling expenses, and

expenses reasonably incurred by any person accompanying him while he is travelling or staying at the institution.

he has special educational needs, and

it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.

he is a registered pupil at a F19maintained schoolF70 or maintained nursery school ,

education is provided for him at a school which is not a maintained school F70 or maintained nursery school but is so provided at the expense of the authority,

he does not come within paragraph (a) or (b) above but is a registered pupil at a school and has been brought to the authority’s attention as having (or probably having) special educational needs, or

he is not a registered pupil at a school but is not under the age of two or over compulsory school age and has been brought to their attention as having (or probably having) special educational needs.

they consider that the help requested is not necessary for the purpose of the exercise F134of those functions by the local authority that made the request , or

subsection (3) applies.

in F135a case where the request is made of a F80Local Health BoardF23or Primary Care Trust, if that F81boardF23or trustconsider that, having regard to the resources available to them for the purpose of the exercise of their functions under the M1F76National Health Service Act 2006 or the National Health Service (Wales) Act 2006 , it is not reasonable for them to comply with the request, or

in F135a case where the request is made of a local authority, if that authority consider that the request is not compatible with their own statutory or other duties and obligations or unduly prejudices the discharge of any of their functions.

that they F25are considering whether to make an assessment of the child’s educational needs,

of the procedure to be followed in making the assessment,

of the name of the officer of the authority from whom further information may be obtained, and

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

he has special educational needs, and

it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.

a F130local authority have served a notice under subsection (1) and the period specified in the notice in accordance with subsection (1)(d) has expired, and

the authority remain of the opinion, after taking into account any representations made and any evidence submitted to them in response to the notice, that the child falls, or probably falls, within subsection (2),

give details of the authority’s assessment of the child’s special educational needs, and

specify the special educational provision to be made for the purpose of meeting those needs, including the particulars required by subsection (4).

specify the type of school or other institution which the F130local authority consider would be appropriate for the child,

if they are not required under Schedule 27 to specify the name of any school in the statement, specify the name of any school or institution (whether in the United Kingdom or elsewhere) which they consider would be appropriate for the child and should be specified in the statement, and

specify any provision for the child for which they make arrangements under section 319 and which they consider should be specified in the statement.

if the name of a F27maintained schoolF71 or maintained nursery school is specified in the statement, the governing body of the school shall admit the child to the school.

dismiss the appeal,

order the F130local authority to make and maintain such a statement, or

remit the case to the authority for them to reconsider whether, having regard to any observations made by the Tribunal, it is necessary for the authority to determine the special educational provision which any learning difficulty the child may have calls for.

when the statement is first made,

if an amendment is made to the statement, or

if, after conducting an assessment under section 323, the F130local authority determine not to amend the statement.

the description in the statement of the F130local authority’s assessment of the child’s special educational needs,

the special educational provision specified in the statement (including the name of a school so specified),

if no school is specified in the statement, that fact.

paragraph 8 (change of named school) or 11(3)(b) (amendment ordered by Tribunal) of Schedule 27, or

directions under section 442 (revocation of school attendance order);

dismiss the appeal,

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

order the authority to cease to maintain the statement.

the parent has expressed a preference for the school in pursuance of arrangements under paragraph 3 (choice of school) of Schedule 27, or

in the proceedings the parent, the F130local authority, or both have proposed the school.

the parent of a child has appealed to the Tribunal under section 325, 328, 329 or 329A or paragraph 8(3) of Schedule 27 against a decision of a F130local authority, and

the authority notifies the Tribunal that they have determined that they will not, or will no longer, oppose the appeal.

in the case of an appeal under section 325, make a statement under section 324 of the child’s educational needs,

in the case of an appeal under section 328, 329 or 329A, make an assessment of the child’s educational needs,

in the case of an appeal under paragraph 8(3) of Schedule 27 against a determination of the authority not to comply with the parent’s request, comply with the request.

in relation to an appeal F96against a decision of a F130local authority in England , by the Secretary of State,

in relation to an appeal F97against a decision of a F130local authority in Wales, by the Welsh Ministers .

a F130local authority maintain a statement for a child under section 324, and

in pursuance of the statement education is provided for the child at a school maintained by another F130local authorityF56or at an independent school .

the parent of a child for whom a statement is maintained under section 324 asks the F130local authority to arrange for an assessment to be made in respect of the child under section 323,

no such assessment has been made within the period of six months ending with the date on which the request is made, and

it is necessary for the authority to make a further assessment under section 323,

they shall give F35notice in writing of that fact to the child’s parent, and

the parent may appeal to the Tribunal against the determination.

dismiss the appeal, or

order the authority to arrange for an assessment to be made in respect of the child under section 323.

on the making of an assessment in respect of the child concerned under section 323, and

in any event, within the period of 12 months beginning with the making of the statement or, as the case may be, with the previous review.

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

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

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

conduct a review of a statement in accordance with section 328(5)(b), and

determine not to amend the statement.

the parent of a child for whom a F130local authority are responsible but for whom no statement is maintained under section 324 asks the authority to arrange for an assessment to be made in respect of the child under section 323,

no such assessment has been made within the period of six months ending with the date on which the request is made, and

it is necessary for the authority to make an assessment under that section,

they shall give F37notice in writing of that fact to the child’s parent, and

the parent may appeal to the Tribunal against the determination.

dismiss the appeal, or

order the authority to arrange for an assessment to be made in respect of the child under section 323.

a child is a registered pupil at a relevant school (whether or not he is a child in respect of whom a statement is maintained under section 324),

the responsible body asks the F130local authority to arrange for an assessment to be made in respect of him under section 323, and

no such assessment has been made within the period of six months ending with the date on which the request is made.

that they are considering whether to make an assessment of the child’s educational needs,

of the procedure to be followed in making the assessment,

of the name of their officer from whom further information may be obtained, and

of the parent’s right to make representations, and submit written evidence, to them before the end of the period specified in the notice (“the specified period”).

they must give written notice of the decision and of their reasons for making it to his parent and to the responsible body which made the request, and

the parent may appeal to the Tribunal against the decision.

inform the parent of his right to appeal, and

contain such other information (if any) as may be prescribed.

dismiss it, or

order the authority to arrange for an assessment to be made in respect of the child under section 323.

a maintained school,

a maintained nursery school,

a pupil referral unit,

an independent school,

a school approved under section 342.

in relation to F72... a pupil referral unit, the head teacher,

in relation to any other relevant school, the proprietor or head teacher, and

in relation to a provider of relevant F91early years education, the person or body of persons responsible for the management of the provision of that F91early years education.

in relation to England, has the same meaning as it has (in relation to England) in section 123 of the School Standards and Framework Act 1998 except that it does not include early years education provided by a F130local authority at a maintained nursery school for a pupil at the school;

in relation to Wales, has the same meaning as it has (in relation to Wales) in section 123 of the School Standards and Framework Act 1998 except that it does not include early years education provided by a F130local authority at a maintained nursery school.

they may, with the consent of his parent, make an assessment of the child’s educational needs, and

they shall make such an assessment if requested to do so by his parent.

he has special educational needs, and

it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.

may make a statement of the child’s special educational needs, and

may maintain that statement,

shall inform the child’s parent of their opinion and of their duty under paragraph (b), and

after giving the parent an opportunity to discuss that opinion with an officer of the F84Board or trust, shall bring it to the attention of the appropriate F130local authority.

for England, by the Secretary of State,

for Wales, by the National Assembly for Wales.

the parents of children in their area,

the head teachers and proprietors of schools in their area, and

such other persons as they consider appropriate.

for England, by the Secretary of State,

for Wales, by the National Assembly for Wales.

the parents of children in their area,

the head teachers and proprietors of schools in their area, and

such other persons as they consider appropriate.

a maintained school or a maintained nursery school,

a pupil referral unit,

a city technology college, a city college for the technology of the arts or F86an Academy ,

an independent school named in the statement maintained for the child under section 324, or

a school approved under section 342.

section 29,

section 408,

section 537,

section 537A,

section 537B, and

section 538.

physical and mental health and emotional well-being;

protection from harm and neglect;

education, training and recreation;

the contribution made by them to society;

social and economic well-being.

a President of the F100Welsh Tribunal (referred to in this Part as “the President”),

a panel of persons (referred to in this Part as “the chairmen’s panel”) who may serve as chairman of the F100Welsh Tribunal, and

a panel of persons (referred to in this Part as “the lay panel”) who may serve as the other two members of the F100Welsh Tribunal apart from the chairman.

provide for the jurisdiction of the F101Welsh Tribunal to be exercised by such number of tribunals as may be determined from time to time by the President, and

make such other provision in connection with the establishment and continuation of the F102Welsh Tribunal as the F107Welsh Ministers , with the agreement of the Secretary of State, consider necessary or desirable.

may resign office by notice in writing to the Lord Chancellor or (as the case may be) the F110Welsh Ministers , and

is eligible for re-appointment if he ceases to hold office.

as to the period within which, and the manner in which, appeals are to be instituted,

for enabling any functions which relate to matters preliminary or incidental to an appeal to be performed by the President, or by the chairman,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for hearings to be conducted in the absence of any member other than the chairman,

as to the persons who may appear on behalf of the parties,

for granting any person such F47disclosure or inspection of documents or right to further particulars as might be granted by a county court,

requiring persons to attend to give evidence and produce documents,

for authorising the administration of oaths to witnesses,

for the determination of appeals without a hearing in F116circumstances prescribed in the regulations ,

as to the withdrawal of appeals,

for the award of costs or expenses,

for taxing or otherwise settling any such costs or expenses (and, in particular, for enabling such costs to be taxed in the county court),

for the registration and proof of decisions and orders, and

for enabling the F115Welsh Tribunal to review its decisions, or revoke or vary its orders, in such circumstances as may be determined in accordance with the regulations.

any requirement in respect of the discovery or inspection of documents imposed by the regulations by virtue of subsection (2)(g), or

any requirement imposed by the regulations by virtue of subsection (2)(h),

is imposed by Tribunal Procedure Rules in relation to appeals under this Part made to the First-Tier Tribunal, and

corresponds to a requirement mentioned in subsection (5)(a) or (b),

as to orders of F126the First-tier Tribunal , by the Secretary of State,

as to orders of F127the Welsh Tribunal, by the Welsh Ministers with the agreement of the Secretary of State.