Education Act 1996

Procedure for amending or ceasing to maintain a statement

9 (1) A local education authority may not amend, or cease to maintain, a statement except in accordance with paragraph 10 or 11.

(2) Sub-paragraph (1) does not apply where the local education authority—

(a) cease to maintain a statement for a child who has ceased to be a child for whom they are responsible,

(b) amend a statement in pursuance of paragraph 8,

(c) are ordered to cease to maintain a statement under section 326(3)(c), or

(d) amend a statement in pursuance of directions under section 442 (revocation of school attendance order).

10 (1) Before amending a statement, a local education authority shall serve on the parent of the child concerned a notice informing him—

(a) of their proposal, and

(b) of his right to make representations under sub-paragraph (2).

(2) A parent on whom a notice has been served under sub-paragraph (1) may, within the period of 15 days beginning with the date on which the notice is served, make representations to the local education authority about their proposal.

(3) The local education authority—

(a) shall consider any representations made to them under sub-paragraph (2), and

(b) on taking a decision on the proposal to which the representations relate, shall give notice in writing to the parent of their decision.

(4) Where a local education authority make an amendment under this paragraph to the description in a statement of the authority’s assessment of a child’s special educational needs or to the special educational provision specified in a statement, they shall give notice in writing to the parent of his right under section 326(1) to appeal against—

(a) the description in the statement of the authority’s assessment of the child’s special educational needs,

(b) the special educational provision specified in the statement, or

(c) if no school is named in the statement, that fact.

(5) A local education authority may only amend a statement under this paragraph within the prescribed period beginning with the service of the notice under sub-paragraph (1).

11 (1) A local education authority may cease to maintain a statement only if it is no longer necessary to maintain it.

(2) Where the local education authority determine to cease to maintain a statement—

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

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

(3) On an appeal under this paragraph the Tribunal may—

(a) dismiss the appeal, or

(b) order the local education authority to continue to maintain the statement in its existing form or with such amendments of—

(i) the description in the statement of the authority’s assessment of the child’s special educational needs, or

(ii) the special educational provision specified in the statement,

and such other consequential amendments, as the Tribunal may determine.

(4) Except where the parent of the child appeals to the Tribunal under this paragraph, a local education authority may only cease to maintain a statement under this paragraph within the prescribed period beginning with the service of the notice under sub-paragraph (2).