Version Superseded: 11/05/2001
Point in time view as at 01/11/1999. This version of this provision has been superseded.
Education Act 1996, Section 325 is up to date with all changes known to be in force on or before 08 March 2025. 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.
(1)If, after making an assessment under section 323 of the educational needs of any child for whom no statement is maintained under section 324, the local education authority do not propose to make such a statement, they shall give notice in writing of their decision, and of the effect of subsection (2) below, to the child’s parent.
(2)In such a case, the child’s parent may appeal to the Tribunal against the decision.
(3)On an appeal under this section, the Tribunal may—
(a)dismiss the appeal,
(b)order the local education authority to make and maintain such a statement, or
(c)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.
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