(1)If, in the light of an assessment under section 323 of any child’s educational needs and of any representations made by the child’s parent in pursuance of Schedule 27, it is necessary for the local education authority to determine the special educational provision which any learning difficulty he may have calls for, the authority shall make and maintain a statement of his special educational needs.
(2)The statement shall be in such form and contain such information as may be prescribed.
(3)In particular, the statement shall—
(a)give details of the authority’s assessment of the child’s special educational needs, and
(b)specify the special educational provision to be made for the purpose of meeting those needs, including the particulars required by subsection (4).
(4)The statement shall—
(a)specify the type of school or other institution which the local education authority consider would be appropriate for the child,
(b)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
(c)specify any provision for the child for which they make arrangements under section 319 and which they consider should be specified in the statement.
[F1(4A)Subsection (4)(b) does not require the name of a school or institution to be specified if the child’s parent has made suitable arrangements for the special educational provision specified in the statement to be made for the child.]
(5)Where a local education authority maintain a statement under this section, then—
(a)unless the child’s parent has made suitable arrangements, the authority—
(i)shall arrange that the special educational provision specified in the statement is made for the child, and
(ii)may arrange that any non-educational provision specified in the statement is made for him in such manner as they consider appropriate, and
(b)if the name of a [F2maintained school] [F3 or maintained nursery school] is specified in the statement, the governing body of the school shall admit the child to the school.
[F4(5A)Subsection (5)(b) has effect regardless of any duty imposed on the governing body of a school by section 1(6) of the School Standards and Framework Act 1998.]
(6)Subsection (5)(b) does not affect any power to exclude from a school a pupil who is already a registered pupil there.
(7)Schedule 27 has effect in relation to the making and maintenance of statements under this section.
Textual Amendments
F1S. 324(4A) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E., 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 9, 43(4)(c) (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
F2Words in s. 324(5)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 77(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F3Words in s. 324(5)(b) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 43 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.
F4S. 324(5A) inserted (1.10.1998) by 1998 c. 31, ss. 140(1), 145(3), Sch. 30 para. 77(b) (with ss. 138(9), 144(6))
Modifications etc. (not altering text)
C1S. 324(5)(b)(5A) applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8
S. 324(5)(b)(5A) applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(a), 2-8
C2S. 324(5)(b)(5A) applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(a)
C3S. 324(5A) applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(a)