Special Educational Needs And Disability Act 2001

Special Educational Needs And Disability Act 2001

2001 CHAPTER 10

Commentary on Sections

Part 1 – Special Educational Needs

Sections 1 to 10 and Schedules 1 & 8

Section 7: Duty to inform parents where special educational provision made

58. This section amends the EA by inserting a new section 317A. This requires governing bodies in respect of community, foundation and voluntary schools, and the LEA (through the head teacher) in respect of Pupil Referral Units (PRUs), to inform parents of children without statements of SEN that special educational provision is being made for their child because it is considered that he has SEN.

59. The section also amends section 123 of the SSFA so that providers of relevant nursery education are under the same duty. Relevant nursery education is defined in section 123(4) of the SSFA so as to include nursery education provided by the LEA or by any other person who receives financial assistance from an LEA and whose nursery education is taken into account in the LEA's Early Years Development Plan.

60. Although they are not covered by this section, the Government intends that CAs will be required under their funding agreements to inform parents when they are making special educational provision for a child.