Modifications etc. (not altering text)
C1Pt. 6: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(d), 70(2); S.I. 2018/346, reg. 4(f)
C2Pt. 6: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(d), 70(2); S.I. 2018/346, reg. 4(e)
C3Pt. 6 modified (E.) (temp. from 1.10.2002) by The Education Act 2002 (Modification of Provisions) (England) Regulations 2002 (S.I. 2002/2316), reg. 4
(1)Where a head teacher gives or varies a direction under regulations made under section 93, he shall, in such manner as may be prescribed, give the information mentioned in subsection (2)—
(a)to the governing body, and
(b)to the [F1local authority] by whom the school is maintained,
and shall take such steps as may be prescribed to give that information also to a parent of the pupil concerned.
(2)That information is—
(a)the fact that he has taken the action in question, its effect and his reasons for taking it,
(b)the provision that is being or is to be made for the pupil’s education during the operative period of the direction, and
(c)either a description of the manner in which he proposes to secure the full implementation of the National Curriculum for England in relation to the pupil after the end of that period, or an indication that he has the opinion mentioned in subsection (3).
(3)That opinion is that the pupil has or probably has special educational needs [F2and the responsible authority ought to be required to secure an EHC needs assessment for the pupil under section 36 of the Children and Families Act 2014 (or, if an EHC plan is maintained for the pupil, a re-assessment under section 44 of that Act).]
(4)Where—
(a)the head teacher of a maintained school F3... includes an indication of any such opinion in information given under subsection (1), and
(b)the [F1local authority] by whom the school is maintained are not the responsible authority in relation to the pupil in question,
the head teacher shall also give that information, in such manner as may be prescribed, to the responsible authority.
(5)Where the responsible authority receive information given to them under subsection (1) or (4) which includes an indication that the head teacher has the opinion mentioned in subsection (3), they shall [F4make a determination in respect of the pupil under section 36(3) of the Children and Families Act 2014 (or, if an EHC plan is maintained for the pupil, under that section as it applies to re-assessments by virtue of regulations under section 44(7)). ]
(6)In this section “the responsible authority”, in relation to a pupil, means the [F1local authority] responsible for him for the purposes of [F5Part 3 of the Children and Families Act 2014 (see section 24 of that Act)].
Textual Amendments
F1Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)
F2Words in s. 94(3) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 78(2); S.I. 2014/889, art. 7(a)
F3Words in s. 94(4)(a) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 14, Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)
F4Words in s. 94(5) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 78(3); S.I. 2014/889, art. 7(a)
F5Words in s. 94(6) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 78(4); S.I. 2014/889, art. 7(a)