20.—(1) This regulation applies where—
(a)an authority carry out an annual review of a child’s statement;
(b)the child concerned attends a school, and
(c)the child is not in his tenth year of compulsory education.
(2) Subject to paragraph (3) the authority shall by notice in writing require the head teacher of the child’s school to submit a report to them under this regulation by a specified date not less than two months from the date the notice is given.
(3) If the name of the child is included in the notice served under paragraph (1) of regulation 18 no further notice need be served on the head teacher in respect of that child under paragraph (2) of this regulation.
(4) The head teacher shall for the purpose of preparing the report referred to in paragraph (2) of this regulation or paragraph (3) of regulation 18 seek the advice referred to in paragraph (5) from—
(a)the child’s parent (in relation to all the matters referred to in paragraph (5));
(b)any person whose advice the authority consider appropriate for the purpose of arriving at a satisfactory report and whom they specify in the notice referred to in paragraph (2) of this regulation or in paragraph (1) of regulation 18 in relation to the particular child (in relation to such of the matters referred to in paragraph (5) as the head teacher considers are within that person’s knowledge or expertise), and
(c)any person whose advice the head teacher considers appropriate for the purpose of arriving at a satisfactory report (in relation to such of the matters referred to in paragraph (5) as the head teacher considers are within that person’s knowledge or expertise).
(5) The advice referred to in paragraph (4) shall be written advice as to—
(a)the child’s progress towards meeting the objectives specified in the statement;
(b)the child’s progress towards attaining any targets established in furtherance of the objectives specified in the statement;
(c)where the school is a community, foundation or voluntary school or a community or foundation special school other than a special school established in a hospital, the application of the provisions of the National Curriculum to the child, and the progress made in relation to those provisions by the child since the statement was made or the last review under section 328;
(d)the application of any provisions substituted for the provisions of the National Curriculum in order to maintain a balanced and broadly based curriculum and the progress made in relation to those provisions by the child since the statement was made or the last review under section 328;
(e)the progress made by the child since the statement was made or the last review under section 328 in his behaviour and attitude to learning;
(f)where appropriate, and in any case where a transition plan exists, any matters which are the appropriate subject of such a plan;
(g)whether the statement continues to be appropriate;
(h)any amendments to the statement which would be appropriate, and
(i)whether the authority should cease to maintain the statement.
(6) The notice referred to in paragraph (2) of this regulation or paragraph (1) of regulation 18 shall require the head teacher to invite the following persons to attend a meeting in respect of each child specified in the report to be held on a date before the report referred to in that paragraph is to be submitted—
(a)the representative of the authority specified in the notice;
(b)the child’s parent;
(c)a member or members of the staff of the school who teach the child or who are otherwise responsible for the provision of education for the child whose attendance the head teacher considers appropriate;
(d)any other person whose attendance the head teacher considers appropriate, and
(e)any person whose attendance the authority consider appropriate and who is specified in the notice.
(7) The head teacher shall not later than two weeks before the date on which a meeting referred to in paragraph (6) is to be held send to all the persons invited to that meeting and who have not informed the head teacher that they will not be attending it copies of the advice he has received pursuant to his request under paragraph (4) and by written notice accompanying the copies shall request the recipients to submit to him before or at the meeting written comments on that advice and any other advice which they think appropriate.
(8) The meeting referred to in paragraph (6) shall consider—
(a)the matters referred to in paragraph (5), and
(b)any significant changes in the child’s circumstances since the date on which the statement was made or last reviewed.
(9) The meeting shall recommend—
(a)any steps which it concludes ought to be taken, including whether the authority should amend or cease to maintain the statement;
(b)any targets to be established in furtherance of the objectives specified in the statement which it concludes the child ought to meet during the period until the next review, and
(c)where a transition plan exists, the matters which it concludes ought to be included in that plan.
(10) If the meeting cannot agree the recommendations to be made under paragraph (9) the persons who attended the meeting shall make differing recommendations as appears necessary to each of them.
(11) The report to be submitted under paragraph (2) of this regulation or paragraph (3) of regulation 18 shall be completed after the meeting is held and shall include the head teacher’s assessment of the matters referred to in paragraph (8) and his recommendations as to the matters referred to in paragraph (9), and shall refer to any difference between his assessment and recommendations and those of the meeting.
(12) When the head teacher submits his report to the authority under paragraph (2) of this regulation or paragraph (3) of regulation 18 he shall at the same time send copies to—
(a)the child’s parent;
(b)any other person who submitted advice under paragraph (4) or paragraph (7);
(c)any other person to whom the authority consider it appropriate that a copy be sent and to whom they direct him to send a copy, and
(d)any other person to whom the head teacher considers it appropriate that a copy be sent.
(13) The authority shall review the statement under section 328 in light of the report and any other information or advice which they consider relevant, record in writing their decisions on the matters referred to in paragraphs 9(a) and (b) and, where a transition plan exists, shall make written recommendations for amendments to the plan as they consider appropriate.
(14) The authority shall within one week of completing the review under section 328 send copies of their decisions and recommendations to—
(a)the child’s parent;
(b)the head teacher, and
(c)any other person to whom the authority consider it appropriate that a copy be sent.
(15) The head teacher shall be responsible for ensuring that any necessary amendments to any transition plan are made.
(16) In this regulation the term “school” shall have the same meaning as it does in regulation 18.