(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.
329 Assessment of educational needs at request of child’s parent.
(1) Where—
(a) the parent of a child for whom a local authority are responsible but for whom no statement is maintained under section 324 asks the 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 an assessment under that section,
the authority shall comply with the request.
(2) If in any case where subsection (1)(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.
(2A) A notice under subsection (2)(a) must inform the parent of the right of appeal under subsection (2)(b) and contain such other information as may be prescribed.
(3) On an appeal under subsection (2) 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.
329A Review or assessment of educational needs at request of responsible body
(1) This section applies if—
(a) a child is a registered pupil at a relevant school (whether or not he is a child in respect of whom a statement is maintained under section 324),
(b) the responsible body asks the local authority to arrange for an assessment to be made in respect of him under section 323, and
(c) no such assessment has been made within the period of six months ending with the date on which the request is made.
(2) If it is necessary for the authority to make an assessment or further assessment under section 323, they must comply with the request.
(3) Before deciding whether to comply with the request, the authority must serve on the child’s parent a notice informing him—
(a) that they are considering whether to make an assessment of the child’s educational needs,
(b) of the procedure to be followed in making the assessment,
(c) of the name of their officer from whom further information may be obtained, and
(d) of the parent’s right to make representations, and submit written evidence, to them before the end of the period specified in the notice (“the specified period”).
(4) The specified period must not be less than 29 days beginning with the date on which the notice is served.
(5) The authority may not decide whether to comply with the request until the specified period has expired.
(6) The authority must take into account any representations made, and any evidence submitted, to them in response to the notice.
(7) If, as a result of this section, a local authority decide to make an assessment under section 323, they must give written notice to the child’s parent and to the responsible body which made the request, of the decision and of their reasons for making it.
(8) If, after serving a notice under subsection (3), the authority decide not to assess the educational needs of the child—
(a) they must give written notice of the decision and of their reasons for making it to his parent and to the responsible body which made the request, and
(b) the parent may appeal to the Tribunal against the decision.
(9) A notice given under subsection (8)(a) to the child’s parent must—
(a) inform the parent of his right to appeal, and
(b) contain such other information (if any) as may be prescribed.
(10) On an appeal under subsection (8) the Tribunal may—
(a) dismiss it, or
(b) order the authority to arrange for an assessment to be made in respect of the child under section 323.
(11) This section applies to a child for whom relevant early years education is provided as it applies to a child who is a registered pupil at a relevant school.
(12) “Relevant school” means—
(a) a maintained school,
(b) a maintained nursery school,
(c) a pupil referral unit,
(d) an independent school,
(da) an alternative provision Academy that is not an independent school,
(e) a school approved under section 342.
(13) “The responsible body” means—
(a) in relation to ... a pupil referral unit, the head teacher,
(b) in relation to any other relevant school, the proprietor or head teacher, and
(c) in relation to a provider of relevant early years education, the person or body of persons responsible for the management of the provision of that early years education.
(14) “Relevant early years education” has the same meaning as it has (in relation to Wales) in section 123 of the School Standards and Framework Act 1998 except that it does not include early years education provided by a local authority at a maintained nursery school.
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(15) “Prescribed”... means prescribed in regulations made by the Welsh Ministers.
331 Assessment of educational needs of children under two.
(1) Where a local authority are of the opinion that a child in their area who is under the age of two falls, or probably falls, within subsection (2)—
(a) they may, with the consent of his parent, make an assessment of the child’s educational needs, and
(b) they shall make such an assessment if requested to do so by his parent.
(2) A child falls within this subsection if—
(a) he has special educational needs, and
(b) it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.
(3) An assessment under this section shall be made in such manner as the authority consider appropriate.
(4) After making an assessment under this section, the authority—
(a) may make a statement of the child’s special educational needs, and
(b) may maintain that statement,
in such manner as they consider appropriate.
332 Duty of Local Health Board or National Health Service trust to notify parent etc.
(1) This section applies where an integrated care board, a Local Health Board ... , a National Health Service trust or an NHS foundation trust , in the course of exercising any of their functions in relation to a child who is under compulsory school age, form the opinion that he has (or probably has) special educational needs.
(2) The Board or other body —
(a) shall inform the child’s parent of their opinion and of their duty under paragraph (b), and
(b) after giving the parent an opportunity to discuss that opinion with an officer of the Board or other body , shall bring it to the attention of the appropriate local authority.
(3) If the Board or other body are of the opinion that a particular voluntary organisation is likely to be able to give the parent advice or assistance in connection with any special educational needs that the child may have, they shall inform the parent accordingly.
332ZA Right of a child to appeal to the ... Tribunal
(1) This section applies to the rights of a parent of a child to appeal to the ... Tribunal under any of the following provisions—
(a) section 325(2) (appeal against decision not to make statement);
(b) section 326(1) (appeal against contents of statement);
(c) section 328(3)(b) (reviews of educational needs);
(d) section 329(2)(b) (assessment of educational needs at request of child's parent);
(e) section 329A(8)(b) (review of assessment of educational needs at request of responsible body);
(f) paragraph 8(3)(b) of Schedule 27 (change of named school);
(g) paragraph 11(2)(b) of Schedule 27 (ceasing to maintain a statement).
(2) The child may exercise the rights conferred on the parent in respect of that child.
(3) The child's rights are exercisable concurrently with the parent's rights.
(4) The exercise of rights under this section is subject to provision made by regulations under sections 332ZC and 336(1).
(1) This section applies if a local authority ... is required to give notice to or serve a document on a parent of a child under any of the following provisions—
(a) section 325 (appeal against decision not to make statement);
(b) section 328 (reviews of educational needs);
(c) section 329 (assessment of educational needs at request of child's parent);
(d) section 329A(8) (review or assessment of educational needs at request of responsible body);
(e) paragraph 3 of Schedule 26 (manner and timing of assessments);
(f) paragraph 2A of Schedule 27 (amendments to a statement);
(g) paragraph 2B(2) of Schedule 27 (provision of additional information);
(h) paragraph 6 of Schedule 27 (service of statement);
(i) paragraph 8 of Schedule 27 (change of named school);
(j) paragraph 11 of Schedule 27 (ceasing to maintain a statement).
(2) The local authority must give notice to, or serve the document on, the child as well as on the parent.
(3) Any provision applicable to notices given to or documents served on a parent applies equally to notices given to or documents served on a child.
(1) The Welsh Ministers may provide by regulations for a child to have a person (referred to in this Part as a “case friend”)—
(a) to make representations on behalf of a child with a view to avoiding or resolving disagreements about the exercise by local education authorities ... of functions under this Part, and
(b) to exercise the rights of a child under section 332ZA on the child's behalf.
(2) A child's case friend must—
(a) make representations and exercise rights fairly and competently,
(b) have no interest adverse to that of the child;
(c) ensure that all steps and decisions taken by the case friend are for the benefit of the child and take account of the child's views.
(3) Regulations made under this section may (among other things)—
(a) confer functions on the ... Tribunal;
(b) make provision about procedures in relation to case friends;
(c) make provision about the appointment and removal of case friends;
(d) specify the circumstances in which a person may or may not act as a case friend;
(e) specify the circumstances in which a child must have a case friend;
(f) specify further requirements in respect of the conduct of case friends.
(1) A local authority ... must arrange for any child in their area with special educational needs, for a parent of any such child and for a case friend for any such child, to be provided with advice and information about matters relating to those needs.
(2) In making the arrangements, the authority must have regard to any guidance given by the Welsh Ministers.
(3) The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.
(4) The authority must take such steps as they consider appropriate for making the services provided under subsection (1) known to—
(a) children in their area,
(b) parents of children in their area,
(c) head teachers and proprietors of schools in their area, and
(d) such other persons as they consider appropriate.
(1) A local authority ... must make arrangements with a view to avoiding or resolving disagreements between—
(a) authorities and children in their area about the exercise by authorities of functions under this Part, and
(b) authorities and parents of children in their area about the exercise by authorities of functions under this Part.
(2) A local authority ... must also make arrangements with a view to avoiding or resolving, in each relevant school, disagreements between—
(a) a relevant child and the proprietor of the school about the special educational provision made for that child, and
(b) the parents of a relevant child and the proprietor of the school about the special educational provision made for that child.
(3) The arrangements must provide for the appointment of independent persons with the functions of facilitating the avoidance or resolution of such disagreements.
(4) In making the arrangements, the authority must have regard to any guidance given by the Welsh Ministers.
(5) The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.
(6) The authority must take such steps as they consider appropriate for making the arrangements under subsections (1) and (2) known to—
(a) children in their area,
(b) parents of children in their area,
(c) head teachers and proprietors of schools in their area, and
(d) such other persons as they consider appropriate.
(7) The arrangements cannot affect the entitlement of a child or a parent of a child to appeal to the Tribunal, and the authority must take such steps as they consider appropriate to make that fact known to children, to parents of children and to case friends for children in their area.
(8) In this section—
“authorities” means the governing bodies of maintained schools and the local authority;
“relevant child” means a child who has special educational needs and is a registered pupil at a relevant school.
(9) For the purposes of this section a school is a relevant school in relation to a child if it is—
(a) a maintained school or a maintained nursery school,
(b) a pupil referral unit,
(c) an independent school named in the statement maintained for the child under section 324, or
(d) a school approved under section 342.
(1) Every local authority ... must—
(a) make arrangements for the provision of independent advocacy services in their area;
(b) refer any child in their area who requests independent advocacy services to a service provider;
(c) refer any person who is a case friend for a child in their area and who requests independent advocacy services to a service provider.
(2) In this section “independent advocacy services” are services providing advice and assistance (by way of representation or otherwise) to a child—
(a) making, or intending to make an appeal to the Tribunal under section 332ZA, or
(b) considering whether to appeal to the Tribunal under that section, or
(c) taking part in or intending to take part in dispute resolution arrangements made under section 332BA.
(3) In making arrangements under this section, every local authority must have regard to the principle that any services provided under the arrangements must be independent of any person who is—
(a) the subject of an appeal to the Tribunal, or
(b) involved in investigating or adjudicating on such an appeal.
(4) The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.
(5) Every local authority ... must take such steps as they consider appropriate for making the arrangements under this section known to—
(a) children in their area,
(b) parents of children in their area,
(c) head teachers and proprietors of schools in their area, and
(d) such other persons as they consider appropriate.
(6) The arrangements may include provision for payments to be made to, or in relation to, any person carrying out functions in accordance with the arrangements.
(7) A local authority must have regard to any guidance given from time to time by the Welsh Ministers.
(1) Regulations made by the Welsh Ministers may make provision about the proceedings of the ... Tribunal on an appeal under this Part and the initiation of such an appeal.
(2) The regulations may, in particular, include provision—
(a) as to the period within which, and the manner in which, appeals are to be instituted,
(b) where the jurisdiction of the ... Tribunal is being exercised by more than one tribunal—
(i) for determining by which tribunal any appeal is to be heard, and
(ii) for the transfer of proceedings from one tribunal to another,
(c) for enabling any functions which relate to matters preliminary or incidental to an appeal to be performed by the President, or by the chairman,
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) for hearings to be conducted in the absence of any member other than the chairman,
(f) as to the persons who may appear on behalf of the parties,
(g) for granting any person such disclosure or inspection of documents or right to further particulars as might be granted by the county court,
(h) requiring persons to attend to give evidence and produce documents,
(i) for authorising the administration of oaths to witnesses,
(j) for the determination of appeals without a hearing in circumstances prescribed in the regulations,
(k) as to the withdrawal of appeals,
(l) for the award of costs or expenses,
(m) for taxing or otherwise settling any such costs or expenses (and, in particular, for enabling such costs to be taxed in the county court),
(n) for the registration and proof of decisions and orders, and
(o) for enabling the ... Tribunal to review its decisions, or revoke or vary its orders, in such circumstances as may be determined in accordance with the regulations.
(p) enabling the ... Tribunal to stay proceedings on an appeal, and
(q) for adding and substituting parties.
(2A) Proceeding before the ... Tribunal shall be held in private, except in circumstances prescribed in the regulations.
(3) The Welsh Ministers may pay such allowances for the purpose of or in connection with the attendance of persons at the ... Tribunal as the Welsh Ministers may determine.
(4) Part I of the Arbitration Act 1996 shall not apply to any proceedings before the ... Tribunal but regulations made by the Welsh Ministers may make provision corresponding to any provision of that Part.
(4A) Regulations made under subsection (1) may make provision for an appeal under this Part to be heard, in circumstances prescribed in the regulations, with a claim in relation to a contravention of Chapter 1 of Part 6 of the Equality Act 2010 so far as relating to disability..
(5) Any person who without reasonable excuse fails to comply with—
(a) any requirement in respect of the discovery or inspection of documents imposed by the regulations by virtue of subsection (2)(g), or
(b) any requirement imposed by the regulations by virtue of subsection (2)(h),
is guilty of an offence.
(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) A person guilty of an offence under subsection (5) ... is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
336ZB Appeals from the ... Tribunal to the Upper Tribunal
(1) A party to any proceedings under this Part before the ... Tribunal may appeal to the Upper Tribunal on any point of law arising from a decision made by the ... Tribunal in those proceedings.
(2) An appeal may be brought under subsection (1) only if, on an application made by the party concerned, the ... Tribunal or the Upper Tribunal has given its permission for the appeal to be brought.
(3) Section 12 of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this section as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the ... Tribunal.
(1) If the Tribunal makes an order, the local authority concerned must comply with the order before the end of the prescribed period beginning with the date on which it is made.
(2) In subsection (1), “prescribed” means prescribed by regulations made by the Welsh Ministers with the agreement of the Secretary of State.
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A school in England is a special school if it is specially organised to make special educational provision for pupils with special educational needs, and it is—
(a) maintained by a local authority,
(b) an Academy school, or
(c) a non-maintained special school.
(2) A school in Wales is a special school if it is specially organised to make additional learning provision for pupils with additional learning needs and it is maintained by a local authority.
(1) The Secretary of State may approve under this section any school in England which—
(a) is specially organised to make special educational provision for pupils with special educational needs, and
(b) is not a community or foundation special school or an Academy school,
and may give ... approval before or after the school is established.
(2) Regulations may make provision as to the requirements which are to be complied with as a condition of approval under subsection (1) above.
(3) Any school which was a special school immediately before 1st April 1994 shall be treated, subject to subsection (4) below, as approved under this section.
(4) Regulations may make provision as to—
(a) the requirements which are to be complied with by a school while approved under this section, and
(b) the withdrawal of approval from a school (including approval treated as given under subsection (3)) at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.
(5) Without prejudice to the generality of subsections (2) and (4), the requirements which may be imposed by the regulations include requirements—
(a) which call for arrangements to be approved by the Secretary of State, or
(b) as to the organisation of any special school as a primary school or as a secondary school.
(5ZA) Regulations made by virtue of subsections (2) and (4)(a) must impose—
(a) a requirement for an allergy safety policy (within the meaning of section 100A of the Children and Families Act 2014) to be in place at a school,
(b) requirements that correspond or are similar to the duties imposed by section 100A(4) to (6) of that Act (duty to review and publicise policy etc), and
(c) requirements that correspond or are similar to the duties imposed on the appropriate authority for a school by regulations under section 100B of that Act (allergy safety regulations),
and the requirement referred to in paragraph (a) includes a requirement for the policy to comply with provision made by regulations under section 100A(3) of that Act.
(5A) Regulations shall make provision for securing that, so far as practicable, every pupil attending a school in England that is approved under this section—
(a) receives religious education unless withdrawn from receiving such education in accordance with the wishes of the pupil's parent, and
(b) attends religious worship unless withdrawn from attendance at such worship—
(i) in the case of a sixth-form pupil, in accordance with the pupil's own wishes, and
(ii) in any other case, in accordance with the wishes of the pupil's parent.
(5B) In subsection (5A) “a sixth-form pupil” means a pupil who—
(a) has ceased to be of compulsory school age, and
(b) is receiving education suitable to the requirements of pupils over compulsory school age.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
342A Application to justice of the peace: power to make regulations
(1) Regulations may make provision conferring power on a justice of the peace, on the application of the Secretary of State, to make an order in an urgent case that a non-maintained special school in England should cease to be approved under section 342.
(2) Regulations under this section may in particular make provision corresponding, with or without modifications, to that made in—
(a) section 120(2) to (7) of the Education and Skills Act 2008 (emergency orders in relation to registered independent educational institutions), or
(b) section 122 of that Act (notification).
342B Appeal against decision of Secretary of State
(1) Regulations may make provision for an appeal against a decision of the Secretary of State—
(a) to withdraw approval from a non-maintained special school in England by virtue of section 342(4)(b) (failure to comply with prescribed requirement) otherwise than at the request of the proprietor;
(b) not to approve, not to approve a change to, or to withdraw approval from, relevant arrangements in relation to such a school.
(2) In subsection (1)(b) “relevant arrangements” means arrangements that require the approval of the Secretary of State by virtue of section 342(5)(a).
(3) Regulations under this section must provide that an appeal brought by virtue of this section—
(a) lies to the First-tier Tribunal, and
(b) must be brought by the proprietor of the school in question.
(4) The regulations may in particular make provision, in the case of an appeal brought by virtue of subsection (1)(a), prohibiting the Secretary of State from acting on a decision to withdraw approval during the period in which—
(a) an appeal against the decision could be brought, or
(b) where an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.
(1) Regulations may make provision for an appeal against the making of an order by virtue of section 342A (order by justice of peace in an emergency).
(2) The regulations must provide that an appeal brought by virtue of this section—
(a) lies to the First-tier Tribunal, and
(b) must be brought by the proprietor of the school in question.