Education Act 1996

Section 323.

SCHEDULE 26 E+W Making of assessments under section 323

Introductory E+W

1 E+W In this Schedule “assessment” means an assessment of a child’s educational needs under section 323.

Medical and other advice E+W

2 (1) Regulations shall make provision as to the advice which a local education authority are to seek in making assessments. E+W

(2) Without prejudice to the generality of sub-paragraph (1), the regulations shall require the authority, except in such circumstances as may be prescribed, to seek medical, psychological and educational advice and such other advice as may be prescribed.

Manner, and timing, of assessments, etc. E+W

3 (1) Regulations may make provision— E+W

(a) as to the manner in which assessments are to be conducted,

(b) requiring the local education authority, where, after conducting an assessment under section 323 of the educational needs of a child for whom a statement is maintained under section 324, they determine not to amend the statement, to serve on the parent of the child a notice giving the prescribed information, and

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

(2) Sub-paragraph (1)(b) does not apply to a determination made following the service of notice under [F1 paragraph 2A] of Schedule 27 (amendment of statement by LEA) of a proposal to amend the statement.

[F2 (3) Regulations may provide—

(a) that where a local education authority are under a duty under section 323, 329 or 329A [F3 , or under regulations under sub-paragraph (1)(b), ] to serve any notice, the duty must be performed within the prescribed period,

(b) that where a local education authority have served a notice under section 323(1) or 329A(3) on a child’s parent, they must decide within the prescribed period whether or not to make an assessment of the child’s educational needs,

(c) that where a request has been made to a local education authority under section 329(1), they must decide within the prescribed period whether or not to comply with the request, and

(d) that where a local education authority are under a duty to make an assessment, the duty must be performed within the prescribed period.

(4) Provision made under sub-paragraph (3)—

(a) may be subject to prescribed exceptions, and

(b) does not relieve the authority of the duty to serve a notice, or make a decision or assessment, which has not been served or made within the prescribed period.]

Textual Amendments

F1 Words in Sch. 26. para. 3(2) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 14(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F2 Sch. 26 para. 3(3)(4) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 14(3) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F3 Words in Sch. 26 para. 3(3)(a) inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 174(2), 188(2) (with s. 174(4))

Attendance at examinations E+W

4 (1) Where a local education authority [F4 are considering whether] to make an assessment, they may serve a notice on the parent of the child concerned requiring the child’s attendance for examination in accordance with the provisions of the notice. E+W

(2) The parent of a child examined under this paragraph may be present at the examination if he so desires.

(3) A notice under this paragraph shall—

(a) state the purpose of the examination,

(b) state the time and place at which the examination will be held,

(c) name an officer of the authority from whom further information may be obtained,

(d) inform the parent that he may submit such information to the authority as he may wish, and

(e) inform the parent of his right to be present at the examination.

Textual Amendments

F4 Words in Sch. 26 para. 4(1) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 11(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

Offence E+W

5 (1) Any parent who fails without reasonable excuse to comply with any requirements of a notice served on him under paragraph 4 commits an offence if the notice relates to a child who is not over compulsory school age at the time stated in it as the time for holding the examination. E+W

(2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale.