Part IV Special educational needs

F1Chapter I Children in wales with special educational needs

Identification and assessment of children with special educational needs

F2326A Unopposed appeals

(1)

This section applies if—

F3(a)

the parent of a child, or a child, has appealed to the Tribunal under section 325, 328, 329 or 329A or paragraph 8(3) of Schedule 27 against a decision of a local authority, and

(b)

the authority notifies the Tribunal that they have determined that they will not, or will no longer, oppose the appeal.

(2)

The appeal is to be treated as having been determined in favour of the appellant.

(3)

If an appeal is treated as determined in favour of the appellant as a result of subsection (2), the Tribunal is not required to make any order.

(4)

Before the end of the prescribed period, the authority must—

(a)

in the case of an appeal under section 325, make a statement under section 324 of the child’s educational needs,

(b)

in the case of an appeal under section 328, 329 or 329A, make an assessment of the child’s educational needs,

(c)

in the case of an appeal under paragraph 8(3) of Schedule 27 against a determination of the authority not to comply with the parent’s request, comply with the request.

(5)

An authority required by subsection (4)(a) to make a statement under section 324 must maintain the statement under that section.

F4(6)

In this section, “prescribed” means prescribed by regulations made F5by the Welsh Ministers—

F6(a)

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F7(b)

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