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Education Act 1996, Section 329 is up to date with all changes known to be in force on or before 16 November 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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(1)Where—
(a)the parent of a child for whom a local education authority are responsible but for whom no statement is maintained under section 324 asks the authority to arrange for an assessment to be made in respect of the child under section 323,
(b)no such assessment has been made within the period of six months ending with the date on which the request is made, and
(c)it is necessary for the authority to make an assessment under that section,
the authority shall comply with the request.
(2)If in any case where subsection (1)(a) and (b) applies the authority determine not to comply with the request—
(a)they shall give [F1notice in writing of that fact] to the child’s parent, and
(b)the parent may appeal to the Tribunal against the determination.
[F2(2A)A notice under subsection (2)(a) must inform the parent of the right of appeal under subsection (2)(b) and contain such other information as may be prescribed.]
(3)On an appeal under subsection (2) the Tribunal may—
(a)dismiss the appeal, or
(b)order the authority to arrange for an assessment to be made in respect of the child under section 323.
Textual Amendments
F1Words in s. 329(2)(a) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 8(1) (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
F2S. 329(2A) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 8(2) (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
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