Office of Public Sector Information

58 Power to ensure cleanliness

(1)An education authority may, by directions in writing issued with respect to all schools, F1 and other educational establishments under their management or with respect to any of such schools, F2 or establishments named in the directions [F3, and the board of management of any self-governing school may by notice in writing issued with respect to that school], authorise a medical officer of the appropriate Health Board to cause examinations to be made of the bodies and clothing of all or any of the pupils in attendance at such schools [F4(or as the case may be at that school)] and young persons in attendance at such F1 establishments whenever in his opinion such examinations are necessary in the interests of cleanliness.

(2)Any such examination as aforesaid shall be made by such medical officer or by a person authorised in writing by him to make such examinations (in this section referred to as an “authorised person”), and, if the body or clothing of any pupil or young person is found upon such an examination to be infested with vermin or in a foul condition, the authority [F5, or in the case of a self-governing school, the board of management,] may serve upon the parent of such pupil or upon the young person a notice requiring the parent to cause the body and clothing of the pupil to be cleansed or the young person to cause himself and his clothing to be cleansed as the case may be.

(3)A notice served under subsection (2) above shall inform the person upon whom it is served that, unless within the period limited by the notice, not being more than twenty-four hours after the service thereof, the body and clothing of the pupil or young person to whom the notice relates are cleansed to the satisfaction of the medical officer or an authorised person as may be specified in the notice, the cleansing thereof will be carried out under arrangements made by the education authority [F6, or in the case of a self-governing school the board of management]; and, if at the expiration of that period the medical officer or an authorised person is not satisfied that the body and clothing of the pupil or young person have been properly cleansed, the medical officer or an authorised person may issue an order directing that the body and clothing of the pupil or young person be cleansed under such arrangements. The order shall be sufficient to authorise any officer of the authority [F7, or in the case of a self-governing school any officer appointed by the board of management,] to cause the body and clothing of the pupil or young person named in the order to be cleansed in accordance with such arrangements, and for that purpose to convey him to the premises where the cleansing is to be carried out and to detain him there until such time as the cleansing has been completed.

(4)It shall be the duty of the education authority [F8, or as the case may be the board of management] to make arrangements for securing that any cleansing under this section, whether at the request of a parent or young person or in pursuance of an order issued under this section, may be carried out in suitable premises by suitable persons and with suitable appliances.

(5)If after the cleansing of the body or clothing of any pupil or young person has been carried out under this section his body or clothing is again found to be infested with vermin or in a foul condition at any time while he is in attendance at such school, F1 or other educational establishment, and it is proved that the condition of his body or clothing is due to neglect on the part of his parent, or, in the case of a young person in attendance at [F9an] educational establishment, to his own neglect, the parent or the young person, as the case may be, shall be liable on conviction by a court of summary jurisdiction in the case of a first conviction to a fine not exceeding £1, in the case of a second conviction to a fine not exceeding £5, and in the case of a third or subsequent conviction to a fine not exceeding £10 or to a term of imprisonment not exceeding one month or to both such fine and such imprisonment.

(6)Where such a medical officer or authorised person has reason to believe that the body or clothing of any pupil or young person in attendance at such school, F1 or other educational establishment is infested with vermin or in a foul condition, but action for the examination or cleansing thereof cannot immediately be taken, he shall so advise the authority [F10, or as the case may be the board of management], who may, if they consider it necessary so to do in the interests either of the pupil or young person or of other children or young persons in attendance at the school, F2 or other educational establishment, direct that the pupil or young person be excluded from the school, F2 or other educational establishment until such action has been taken; and such a direction shall be a defence to any proceedings under this Act in respect of the failure of the pupil or young person to attend school or to comply with the requirements of an attendance notice, as the case may be, on any day on which he is excluded in pursuance of the direction, unless it is proved that the issue of the direction was necessitated by the wilful default of the parent or of the young person.

(7)No female shall be examined or cleansed under the powers conferred by this section except by a registered medical practitioner or by a woman authorised ?for that purpose by a medical officer of a Health Board.

(8)In this section “the appropriate Health Board” has the same meaning as in section 57 of this Act.

Children requiring special education

59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

[F160 Functions of education authority in relation to children and young persons with certain special educational needs

(1)It shall be the duty of an education authority to disseminate in their area information as to the importance of the early discovery of special educational needs and as to the opportunity for assessment available under the following provisions of this Act.

(2)An education authority—

(a)shall have power, as regards—

(i)children in their area who have not attained school age [F2and are not children in respect of whom the authority is under a duty by virtue of subparagraph (ii) of paragraph (b) below]; and

(ii)young persons belonging to their area (in accordance with section 23(3) of this Act) who are receiving school education; and

(b)shall be under a duty, as regards children belonging to their area (in accordance with section 23(3) of this Act) who

[F3(i)are of school age][F4; or]

[F5(ii)have not attained school age but, being at least two years of age, have come to the attention of the authority as having, or appearing to have, special educational needs,]

in accordance with the provisions of section 61 of this Act, to establish which of those children or, as the case may be, young persons have pronounced, specific or complex special educational needs which are such as require continuing review and to open and keep a Record of Needs of each such child or young person.

(3)In this Act, unless the context otherwise requires, “Record”, when used as a noun, means a Record of Needs opened and kept under subsection (2) above and “recorded” and other cognate expressions shall be construed accordingly.

(4)A Record shall not be disclosed by an education authority otherwise than in accordance with regulations made under section 65D(1)(e) of this Act.

(5)The power of an education authority under subsection (2)(a) (ii) above shall be exercisable in relation to a young person only on a request to that effect being made to the authority by the young person or his parent.

61 Examination and assessment of children and young persons

(1)It shall not be lawful for an education authority to establish, under section 60 of this Act, that a child has pronounced, specific or complex special educational needs such as require continuing review and to record him unless he has undergone a [F1process of observation and assessment (including educational, psychological and medical assessments)], for the purpose of affording to the authority advice as to his special educational needs and whether or not they ought to record him; and before doing so, an authority shall—

(a)invite the parent of that child by notice in writing to submit the child for [F2assessment] for the said purpose, and

(b)(in the case of a child [F3in respect of whom the authority is under a duty under section 60(2) of this Act]) if the parent fails without reasonable excuse to submit the child as aforesaid, by notice in writing served upon the parent require him to submit the child for [F2assessment] for the said purpose.

(2)A parent who submits his child for [F4assessment] in pursuance of subsection (1) above or subsection (6) below shall be entitled to be present at [F5any medical examination held in connection with the assessment].

(3)A notice under paragraph (a) or (b) of subsection (1) above in respect of any child shall—

(a)state that the purpose of the [F6assessment] is to afford to the education authority advice as to his special educational needs and whether or not they ought to record the child;

(b)specify the times and places at which [F7any examinations held in connection with the assessment] will be held;

(c)inform the parent of his right to be present at [F8any medical examination held in connection with the assessment];

(d)inform the parent of the name of the officer of the authority from whom advice and further information may be obtained;

(e)invite the parent to express in writing to the authority, within 21 days from the date of the notice or such longer period as the notice may specify, his views as regards the special educational needs of the child and the measures required to meet those needs;

and a notice under the said paragraph (b) shall in addition inform the parent of the effect of subsection (4) below.

(4)If any parent on whom a notice has been served under paragraph (b) of subsection (1) above fails without reasonable excuse to comply with the requirements of the notice, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F9£50][F9level 2 on the standard scale].

(5)The duty imposed by section 60(2) of this Act shall not apply if the parent of the child has had notice served upon him under subsection (1)(b) above and has failed to comply with that notice.

(6)If the parent of any child requests the education authority for the area to which the child belongs (in accordance with section 23(3) of this Act) to make arrangements for the child to undergo such process of [F10observation and] assessment as is mentioned in subsection (1) above for the purpose mentioned there, the authority shall comply with the request unless in their opinion the request is unreasonable.

(7)It shall not be lawful for an education authority to establish, under section 60 of this Act, that a young person has pronounced, specific or complex special educational needs such as require continuing review and to record him unless—

(a)that young person has undergone such process of [F11observation and] assessment as the authority consider necessary for the purpose of affording to them advice as to his special educational needs and whether or not they ought to record him; and

(b)that young person or, where the education authority are satisfied that a young person is not capable of expressing his views for the purposes of this section, his parent has been invited by the authority, by notice in writing, to express to the authority, within 14 days from the date of the notice or such longer period as the notice may specify, his views as regards the special educational needs of the young person and the? measures required to meet those needs.

62 Recording of children and young persons

(1)In deciding whether or not to record a child or young person an education authority shall take into consideration—

(a)in the case of a child, the advice given to them with respect to the child in consequence of the process of [F1observation and] assessment undergone by him in pursuance of section 61(1) or (6) of this Act;

(b)in the case of a young person, the advice given to them with respect to the young person in consequence of the process of [F1observation and] assessment undergone by him in pursuance of section 61(7) of this Act;

(c)any views expressed by the parent of the child, or by the young person or, where the education authority were satisfied that the young person was not capable of expressing his views for the purposes of section 61(7) of this Act, his parent;

(d)if he has been at any time in attendance at any school other than one under their management, any reports or other information with respect to him obtained by them from the managers of the school or from teachers at the school;

(e)any other reports or information relevant to his educational needs which they are able to obtain.

(2)The decision of an education authority whether or not to record a child or young person, the reasons for that decision and the terms in which the education authority propose to record the child or young person shall be intimated forthwith by notice in writing to the parent of the child or, in a case where the authority were satisfied that the young person was not capable of expressing his views for the purposes of section 61(7) of this Act, to his parent or, in any other case, to the young person, and the education authority shall, in recording the child or young person, have regard to any views expressed upon these terms by the parent of the child or of the young person or, as the case may be, the young person, within 14 days of the date of the notice, and thereafter notify him of—

(a)their decision as to those terms;

(b)the right of appeal under section 63 of this Act; and

(c)the name and address of the person to whom application may be made for advice and information about the child’s or young person’s special educational needs [F2unless the parent of the child or of the young person or, as the case may be, the young person has requested the education authority not to appoint such a person].

(3)An education authority shall ensure that the provision made by them under this Act for a recorded child or a recorded young person includes provision for his special educational needs [F3; and they shall in any event, as regards each such child belonging to their area as is mentioned in section 60(2)(b)(ii) of this Act, make provision for any special educational needs recorded in respect of the child which are not being met by other suitable arrangements].

63 Appeals against decisions about recorded children or young persons

(1)The parent of a recorded child may refer to an appeal committee set up under section 28D of this Act—

(a)a decision of an education authority to record the child or, following a review under section 65A of this Act, to continue to record him;

[F1(aa)a decision of an education authority not to record the child or, following a review under section 65A of this Act, not to continue to record him;]

(b)their decision as to the terms in which the matters specified in section 65D(2)(a) or (b) of this Act are recorded in his Record or any such decision following a review under section 65A of this Act;

(c)subject to subsections (3) and (4) below, their decision as to the nomination, for the purposes of section 65D(2)(d) of this Act, of a school to be attended by him or any such decision following a review under section 65A of this Act;

(d)subject to subsection (4) below, their decision refusing his placing request in respect of the child.

(2)Where the education authority were satisfied that a young person was not capable of expressing his views for the purposes of section 61(7) of this Act, his parent and, in any other case, the young person himself may refer to an appeal committee set up under section 28D of this Act—

[F2(aa)a decision of an education authority not to record the young person or, following a review under section 65A of this Act, not to continue to record him;]

(a)a decision of the education authority, in accordance with section 62 of this Act or following a review under section 65A of this Act, as to the terms in which the matters specified in section 65D (2)(a) or (b) of this Act are recorded in the young person’s Record;

(b)subject to subsections (3) and (4) below, their decision as to the nomination, for the purposes of section 65D(2)(d) of this Act, of a school to be attended by the young person or any such decision following a review under section 65A of this Act;

(c)subject to subsection (4) below, their decision refusing a placing request in respect of the young person.

(3)A decision of an education authority as to nomination of a school to be attended by a recorded child or recorded young person may be referred under subsection (1)(c) or (2)(b) above only if the parent or, as the case may be, the young person has made a placing request.

(4)Where a reference under subsection (1)(c) or (d) or (2)(b) or (c) above has been made in respect of a recorded child or recorded young person, no further such reference in respect of him shall be competent during the period of 12 months beginning with the day on which the immediately preceding such reference was lodged.

(5)A reference under this section shall be lodged with the appeal committee within 28 days of the receipt by the parent or, as the case may be, the young person of the notification of the decision of the education authority as to the terms in which they have recorded the child or young person (which, if posted, shall, unless the contrary is proved, be presumed to have been received on the day after the date on which it was posted except that a decision posted on a Friday or Saturday shall, unless the contrary is proved, be presumed to have been received on the Monday next following), but the committee shall, on good cause being shown, have power to hear such a reference notwithstanding that it was not lodged within that time.

(6)The Secretary of State may by regulations make provision for procedure in relation to references made under this section and regulations made under this section may include provision—

(a)requiring the education authority to make information relevant to their decision available to the committee and to the parent or, as the case may be, young person referring that decision to the committee;

(b)deeming, for the purposes of this Act, an appeal committee to have confirmed the decision of an education authority in relation to which a reference to the committee was made in the event of the committee’s not having complied with section 64(10) of this Act within such period or before such date as may be prescribed in the regulations and different periods or dates may be so prescribed for different purposes.