- Latest available (Revised)
- Point in Time (31/10/2009)
- Original (As enacted)
Version Superseded: 01/09/2014
Point in time view as at 31/10/2009.
There are currently no known outstanding effects for the Education and Skills Act 2008, Cross Heading: Assessments relating to learning difficulties.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Before section 140 of the Learning and Skills Act 2000 (assessments relating to learning difficulties) insert—
(1)Subsection (2) applies if a local education authority in England—
(a)maintains a statement of special educational needs for a person, and
(b)believes that the person will leave school, at the end of his last year of compulsory schooling, to receive post-16 education or training or higher education.
(2)The authority must arrange for an assessment of the person to be conducted at some time during his last year of compulsory schooling.
(3)Subsection (4) applies if a local education authority in England—
(a)maintains a statement of special educational needs for a person who is over compulsory school age, and
(b)believes that the person will leave school, during or at the end of the current school year, to receive post-16 education or training or higher education.
(4)The authority must arrange for an assessment of the person to be conducted at some time during the current school year.
(5)A local education authority in England may at any time arrange for an assessment to be conducted of a person—
(a)who is within subsection (6), and
(b)for whom the authority is responsible.
(6)A person within this subsection is one who—
(a)is in his last year of compulsory schooling, or is over compulsory school age but has not attained the age of 25,
(b)appears to the authority to have a learning difficulty within the meaning of section 13, and
(c)is receiving, or in the opinion of the authority is likely to receive, post-16 education or training or higher education.
(7)In exercising its functions under this section an authority must have regard to any guidance issued by the Secretary of State.
(1)This section applies for the purposes of section 139A.
(2)A statement of special educational needs is a statement maintained under section 324 of the Education Act 1996.
(3)An assessment of a person is an assessment, resulting in a written report, of—
(a)the person's educational and training needs, and
(b)the provision required to meet them.
(4)A local education authority is responsible for—
(a)a person who is receiving education or training in its area;
(b)a person who is not receiving education or training, but who is normally resident in its area;
(c)a person who is not receiving education or training, and who is not normally resident in its area or that of another authority, but who is otherwise within its area and, in its opinion, likely to receive post-16 education or training or higher education.
(5)A person's last year of compulsory schooling is the last school year at his school during the whole or part of which he is of compulsory school age; and in the application of section 139A(6) to a person who is receiving education at an institution other than a school, that institution is to be treated for the purpose of determining his last year of compulsory schooling as though it were a school.
(6)“Higher education” is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.
(7)“Post-16 education or training” means post-16 education or post-16 training within the meaning of Part 1.
(8)“School year” has the meaning given in section 579(1) of the Education Act 1996.
(1)Section 139A applies in relation to a person who is receiving education at home, subject to the following modifications.
(2)In section 139A(1)(b) and (3)(b), references to a person's leaving school to receive post-16 education or training or higher eduction are to be construed as references to a person's ceasing to receive education at home in order to receive, otherwise than in a school, post-16 education or training or higher education.
(3)References to a person's last year of compulsory schooling are to be construed as references to the 12 month period ending when the person ceases to be of compulsory school age.
(4)References to the current school year are to be construed as references to the period of 12 months beginning on the most recent 1st September.”
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: