The Education (Special Educational Needs) Regulations 1994

Time limits

14.—(1) Where under section 167 an authority have made an assessment of the educational needs of a child for whom no statement is maintained they shall within two weeks of the date on which the assessment was completedeither—

(a) serve a copy of a proposed statement and a written notice on the child’s parent under paragraph 2 of Schedule 10to the Act, or

(b) give notice in writing to the child’s parent under section 169(1) that they have decided not to make a statement andthat he may appeal against that decision to the Tribunal.

(2) Where under section 167 an authority have made an assessment of the educationalneeds of a child for whoma statement is maintained they shall within two weeks of the date on which the assessment was completed—

(a) under paragraph 10(1) of Schedule 10 to the Act serve on the child’s parent a notice that they propose to amend the statement and of his right to make representations;

(b) under paragraph 11(2) of Schedule 10 to the Act give notice to the child’s parent that they have determined to ceaseto maintain the statement and of his right of appeal to the Tribunal; or

(c) serve on the child’s parent a notice which informs him that they have determined not to amend the statement and their reasons for that determination, which is accompanied by copies of the professional advice obtained during the assessment, and which informs the child’s parent that under section 170(1)(c) he may appeal to the Tribunal against the description in the statement of the authority’s assessment of the child’s special educational needs, the special educational provision specified in the statement or, if no school is named in the statement, that fact.

(3) Subject to paragraph (4), where an authority have served a copy of a proposed statement on the child’s parent under paragraph 2 of Schedule 10 to the Act they shall within 8 weeks of the date on which the proposed statement was served serve a copy of the completed statement and a written notice on the child’s parent under prargraph 6 of that Schedule, or give notice to the child’s parent that they have decided not to make a statement.

(4) The authority need not comply with the time limit referred to in paragraph (3) if it is impractical to do so because—

(a) exceptional personal circumstances affect the child or his parent during the 8 week period referred to in paragraph (3);

(b) the child or his parent are absent from the area of the authority for a continuous period of not less than 4 weeks duringthe 8 week period referred to in paragraph (3);

(c) the child’s parent indicates that he wishes to make representations to the authority about the content of the statement under paragraph 4(1)(a) of Schedule 10 to the Act after the expiry of the 15 day period for making such representationsprovided for in paragraph 4(4) of that Schedule;

(d) a meeting between the child’s parent and an officer of the authority has been held pursuant to paragraph 4(1)(b) of Schedule 10 to the Act and the child’s parent has required that another such meeting be arranged or under paragraph 4(2) of that Schedule has required a meeting with the appropriate person under to be arranged; or

(e) the authority have sent a written request to the Secretary of State seeking his consent under section 189(5)(b) to the child being educated at an independent school which is not approved by him and such consent has not been received bythe authority within two weeks of the date on which the request was sent.

(5) Where under paragraph 8(1) of Schedule 10 to the Act the child’s parent asks the authority to substitute for the name of a school or institution specified in a statement the name of another school specified by him and where the condition referred to in paragraph 8(1)(b) of that Schedule has been satisfied the authority shall within 8 weeks of the date on which the request was received either—

(a) comply with the request; or

(b) give notice to the child’s parent under paragraph 8(3) of that Schedule that they have determined not to comply withthe request and that he may appeal against that determination to the Tribunal.

(6) Where under paragraph 10(1) of Schedule 10 to the Act an authority serve a notice on the child’s parent informing him of their proposal to amend a statement they shall not amend the statement after the expiry of 8 weeks fromthe date on which the notice was served.

(7) Where under paragraph 11(2) of Schedule 10 to the Act an authority give notice to the child’s parent that they have determined to cease to maintain a statement they shall not cease to maintain the statement—

(a) before the expiry of the prescribed period during which the parent may appeal to the Tribunal against the determination,or

(b) after the expiry of 4 weeks from the end of that period.