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Education Act 1996

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Change 1

What to do with it
As published

328 Reviews of educational needs.

(1) Regulations may prescribe the frequency with which assessments under section 323 are to be repeated in respect of children for whom statements are maintained under section 324. (2) Where— (a) the parent of a child for whom a statement is maintained under section 324 asks the local authority to arrange for an assessment to be made in respect of the child under section 323, (b) no such assessment has been made within the period of six months ending with the date on which the request is made, and (c) it is necessary for the authority to make a further assessment under section 323, the authority shall comply with the request. (3) If in any case where subsection (2)(a) and (b) applies the authority determine not to comply with the request— (a) they shall give notice in writing of that fact to the child’s parent, and (b) the parent may appeal to the Tribunal against the determination. (3A) A notice under subsection (3)(a) must inform the parent of the right of appeal under subsection (3)(b) and contain such other information as may be prescribed. (3B) Regulations may provide that where a local authority are under a duty under this section to serve any notice, the duty must be performed within the prescribed period. (4) On an appeal under subsection (3) the Tribunal may— (a) dismiss the appeal, or (b) order the authority to arrange for an assessment to be made in respect of the child under section 323. (5) A statement under section 324 shall be reviewed by the local authority— (a) on the making of an assessment in respect of the child concerned under section 323, and (aa) where the child concerned— (i) has been subject to a detention order, and (ii) immediately before release was detained in relevant youth accommodation, on the child's release from detention, (b) in any event, within the period of 12 months beginning with the making of the statement or, as the case may be, with the previous review. (6) Regulations may make provision— (a) as to the manner in which reviews of such statements are to be conducted, (b) as to the participation in such reviews of such persons as may be prescribed, and (c) in connection with such other matters relating to such reviews as the Secretary of State considers appropriate.

Your change, as a redline

328 Reviews of educational needs.

(1) Regulations may prescribe the frequency with which assessments under section 323 are to be repeated in respect of children for whom statements are maintained under section 324. (2) Where— (a) the parent of a child for whom a statement is maintained under section 324 asks the local authority to arrange for an assessment to be made in respect of the child under section 323, (b) no such assessment has been made within the period of six months ending with the date on which the request is made, and (c) it is necessary for the authority to make a further assessment under section 323, the authority shall comply with the request. (3) If in any case where subsection (2)(a) and (b) applies the authority determine not to comply with the request— (a) they shall give notice in writing of that fact to the child’s parent, and (b) the parent may appeal to the Tribunal against the determination. (3A) A notice under subsection (3)(a) must inform the parent of the right of appeal under subsection (3)(b) and contain such other information as may be prescribed. (3B) Regulations may provide that where a local authority are under a duty under this section to serve any notice, the duty must be performed within the prescribed period. (4) On an appeal under subsection (3) the Tribunal may— (a) dismiss the appeal, or (b) order the authority to arrange for an assessment to be made in respect of the child under section 323. (5) A statement under section 324 shall be reviewed by the local authority— (a) on the making of an assessment in respect of the child concerned under section 323, and (aa) where the child concerned— (i) has been subject to a detention order, and (ii) immediately before release was detained in relevant youth accommodation, on the child's release from detention, (b) in any event, within the period of 12 months beginning with the making of the statement or, as the case may be, with the previous review. (6) Regulations may make provision— (a) as to the manner in which reviews of such statements are to be conducted, (b) as to the participation in such reviews of such persons as may be prescribed, and (c) in connection with such other matters relating to such reviews as the Secretary of State considers appropriate.

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