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 F1maintained schoolF22 or maintained nursery school ,

education is provided for him at a school which is not a maintained school F22 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 F40of those functions by the local authority that made the request , or

subsection (3) applies.

in F41a case where the request is made of F55the National Health Service Commissioning Board, a clinical commissioning group or a F27Local Health BoardF56..., if F57that body consider that, having regard to the resources available to them for the purpose of the exercise of their functions under the M1F25National 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 F41a 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 F3are 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 F36local 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 F36local 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 F5maintained schoolF23 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 F36local 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 F36local authority determine not to amend the statement.

the description in the statement of the F36local 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 F36local authority, or both have proposed the school F47, orF46.

in the case of proceedings relating to a statement maintained by a local authority in Wales only, the child has proposed the school in the proceedings (whether or not the parent, the local authority or both have also proposed the school).

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 F34against a decision of a F36local authority in England , by the Secretary of State,

in relation to an appeal F35against a decision of a F36local authority in Wales, by the Welsh Ministers .

a F36local 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 F36local authorityF20or at an independent schoolF49or an alternative provision Academy that is not an independent school .

the parent of a child for whom a statement is maintained under section 324 asks the F36local 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 F13notice 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 F36local 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 F15notice 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 F36local 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,

an alternative provision Academy that is not an independent school,

a school approved under section 342.

in relation to F24... 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 F32early years education, the person or body of persons responsible for the management of the provision of that F32early 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 F36local 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 F36local 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 F29Board or F53other body, shall bring it to the attention of the appropriate F36local authority.