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Education Act 1996
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Version Superseded: 11/05/2001
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Education Act 1996, Paragraph 11 is up to date with all changes known to be in force on or before 05 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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).
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