64 Provisions supplementary to section 63

(1)Where—

(a)an appeal committee are satisfied that a reference to them under section 63 of this Act is made under subsection (1)(a) [F1, (aa)] or (b) or [F2(2)(aa) or (a)] of that section; or

(b)an appeal committee consider that, without having the decision of the Secretary of State on the question whether or not a child should be recorded or on the matters specified in section 65D(2)(a) or (b) of this Act in relation to a child or young person, they cannot deal with a reference made under section 63(1)(c)or(2)(b) of this Act which relates to the education authority’s decision as to the nomination for the purposes of section 65D(2)(d) of this Act of a school to be attended by the child or young person,

they shall in turn refer the reference or, as the case may be, that question or so much of the reference as relates to matters specified in section 65D(2)(a) or (b) of this Act to the Secretary of State.

(2)Subject to subsection (1) above, an appeal committee may, on a reference made to them under section 63(1) or (2) of this Act, confirm the education authority’s decision as to nomination, for the purposes of section 65D(2)(d) of this Act, of a school to be attended by the child or young person to whom the reference relates or refusing a placing request in respect of him if they are satisfied that—

(a)in relation to the placing request, one or more of the grounds of refusal specified in section 28A(3) of this Act as it applies to recorded children or, as the case may be, recorded young persons exists or exist; and

(b)it is, in all the circumstances, appropriate to do so

but otherwise shall refuse to confirm the authority’s decision and shall, where they so refuse, require the education authority to place the child or young person in the specified school.

In this subsection, the reference to a placing request includes a reference to a placing request the making of which has, by virtue of section 63(3) of this Act, enabled the reference to the appeal committee to be made; and the reference to the specified school includes a reference to the school specified in such a placing request.

(3)Where, in the case of a recorded child or recorded young person—

(a)an appeal committee refuse to confirm the education authority’s decision as to the nomination of a school to be attended by him or refusing a placing request in respect of him; and

(b)the specified school is an independent or grant-aided special school,

the committee shall require the authority to meet the fees and other necessary costs of the child’s or young person’s attendance at the specified school, and the authority shall comply with that requirement.

In this subsection, the reference to the specified school includes a reference to the school specified in the placing request the making of which has, by virtue of section? 63(3) of this Act, enabled the reference to the appeal committee to be made.

(4)On a reference to him under subsection (1) above the Secretary of State shall, subject to subsection (7) below—

(a)confirm or refuse to confirm the education authority’s decision to record or to continue to record the child;

(b)confirm, with or without modification, the terms in which the matters specified in section 65D(2)(a) or (b) of this Act are recorded in the Record of the child or young person.

(5)Where the Secretary of State refuses, under paragraph (a) of subsection (4) above, to confirm an education authority’s decision to record a child or to continue to record a child, he shall direct the authority to discontinue the Record of the child and the authority shall comply with such a direction.

(6)Where the Secretary of State, under subsection (4)(b) above, confirms with modifications an education authority’s decision as to the terms in which the matters specified in section 65D(2)(a) or (b) of this Act are recorded in the Record of a child or young person, he shall direct the authority to modify the Record accordingly and the authority shall comply with such a direction.

(7)Where a reference has in turn been made to the Secretary of State under paragraph (b) of subsection (1) above, the Secretary of State shall not—

(a)refuse to confirm the decision of the education authority to record or to continue to record the child; or

(b)confirm, with modifications, their decision as to the terms in which the matters specified in section 65D(2)(a) or (b) are recorded in the Record of the child or young person

unless he has first obtained and taken into consideration the views of the parent or young person who made the reference to the appeal committee.

(8)The Secretary of State shall notify his decision under this section to the appeal committee, the person who made the reference to the appeal committee and the education authority.

(9)Where, on a reference to an appeal committee under section 63 of this Act, the committee have in turn referred the reference or any part thereof to the Secretary of State under subsection (1)(a) or (b) above, they shall not dispose of so much of the reference as relates to the school to be attended by the child or young person until the Secretary of State’s decision upon the matter referred in turn to him is notified to the appeal committee and they shall reach their decision as respects the school to be attended by the child or young person in the light of the Secretary of State’s decision.

(10)An appeal committee shall notify their decision under this section and the reasons for it in writing to the parent or, as the case may be, young person who made the reference to them and to the education authority and, where they confirm the education authority’s decision as to the nomination of a school to be attended by the child or young person or refusing the placing request to which the reference relates, they shall inform the parent or, as the case may be, the young person who made the reference to them of his right of appeal to the sheriff under section 65 of this Act.

(11)Where, on a reference under section 63(1) or (2) of this Act, an appeal committee refuse to confirm an education authority’s decision as to the nomination of a school to be attended by the child or young person or refusing the placing request to which the reference relates, the authority shall place him in the specified school and shall amend accordingly any nomination in his Record of a school to be attended by him.

In this subsection, the reference to the specified school includes a reference to the school specified in the placing request the making of which has, by virtue of section 63(3) of this Act, enabled the reference to the appeal committee to be made.

65 Appeal to sheriff on the placing in a school of a recorded child or young person

(1)A parent or young person who has made a reference to an appeal committee under section 63(1)(c) or (d) or 2(b) or (c) of this Act may appeal to the sheriff against the decision of the appeal committee on that reference.

(2)Subsections (2), (3), (4), (8) and (9) of section 28F of this Act shall apply to an appeal under this section.

(3)Where the sheriff considers that, without having the decision of the Secretary of State on the question whether or not the child should be recorded or on the matters specified in section 65D(2)(a) or (b) of this Act in relation to the child or young person, he cannot deal with an appeal under this section against the decision of an appeal committee confirming the decision of an education authority as to the nomination of a school to be attended by the child or young person, he may, subject to subsection (5) below, on the motion of a party to the appeal, refer that question or those matters to the Secretary of State.

(4)The Secretary of State shall deal with a reference made to him under subsection (3) above as if it were a reference made to him under section 64(1) of this Act.

(5)The sheriff shall not make a reference to the Secretary of State under subsection (3) above if the appeal committee, in reaching the decision appealed against, have already referred the reference to them to the Secretary of State under section 64(1) of this Act.

(6)Subject to subsection (3) above, the sheriff may, on an appeal made to him under this section, confirm the education authority’s decision if he is satisfied that—

(a)in relation to the placing request, one or more of the grounds of refusal specified in section 28A(3) of this Act, as it applies to recorded children, or as the case may be, recorded young persons, exists or exist; and

(b)it is, in all the circumstances, appropriate to do so

but otherwise shall refuse to confirm the authority’s decision and shall, where he so refuses, require the education authority to place the child or young person in the specified school and to amend accordingly any nomination in the Record of the child or young person of a school to be attended by him.

In this subsection, the reference to the placing request includes a reference to the placing request the making of which enabled, by virtue of section 63(3) of this Act, the reference to the appeal committee whose decision thereon has been appealed to the sheriff, to be made; and the reference to the specified school includes a reference to the school specified in such a placing request.

(7)Where, in the case of a recorded child or recorded young person—

(a)the sheriff refuses to confirm the education authority’s decision as to the nomination of a school to be attended by him or refusing the placing request made in respect of him; and

(b)the specified school is an independent or grant-aided school,

the sheriff shall require the authority to meet the fees and other necessary costs of the child’s or young person’s attendance at the specified school.

In this subsection the references to the placing request and the specified school shall be construed in the same way as in subsection (6) above.

(8)The sheriff shall dispose of—

(a)any appeal against the decision of an appeal committee on a reference which was, in turn, referred to the Secretary of State under section 64(1) of this Act;

(b)any appeal in relation to which he has referred any matter or question to the Secretary of State under subsection (3) above

in the light of the Secretary of State’s decision on the reference to him.

65A Review by education authority of decision to record and information in Record

(1)Subject to subsection (2) below, it shall be the duty of an education authority to keep under consideration the cases of all recorded children and recorded young persons belonging to their area (in accordance with section 23(3) of this Act), and—

(a)when in the discharge of their duty in relation to such a child or young person the authority think it expedient; or

(b)if the authority are at any time requested to do so by notice in writing given to them by the parent of such a child or by such a young person or, where the authority are of the opinion that such a young person is not capable of expressing his views, by his parent,

the authority shall review their decision to record the said child or young person and the information entered in the Record of that child or young person.

(2)The parent of a recorded child, a recorded young person or, as the case may be, the parent of a recorded young person shall not, by virtue of subsection (1)(b) above, be entitled to request the authority to review—

(a)their decision to record the child or young person earlier than the expiry of the period of 12 months from the date of that decision or the most recent review of that decision, whichever is the later;

(b)the information entered in the Record for the purposes of section 65D(2)(a), (b) or (c) of this Act earlier than the expiry of the period of 12 months from the date of commencement of the Record or the most recent review of the information entered therein, whichever is the later.

(3)Sections 61 and 62 of this Act shall apply to a review by an education authority of their decision to record a child or young person and of the information contained in the Record of a child or young person with such modifications as the Secretary of State may by regulations prescribe.

65C Continuance of Record of young persons

(1)Where a recorded child ceases to be of school age but, as a young person, receives school education, the education authority shall, subject to subsection (3) below, continue his Record for so long as he receives such education.

(2)If and for so long as a Record is continued under subsection (1) above, the provisions of this Act relating to the opening and keeping of Records of recorded young persons (other than section 60(5) of this Act) shall apply in relation to it, and the child whose Record is so continued shall be deemed to be a recorded young person.

(3)An education authority shall discontinue the Record of a young person if he requests them to do so or, where the authority are of the opinion that he is not capable of expressing a request for the purposes of this section, his parent so requests.

65D Regulations regarding Records

(1)The Secretary of State shall by regulations prescribe—

(a)the form of a Record;

(b)the nature of the information to be entered therein;

(c)the procedure to be followed in relation to the keeping, discontinuance and destruction of a Record and its transfer on the recorded child or recorded young person moving from the area of one education authority to that of another;

(d)the period for which a Record must be preserved after its discontinuance;

(e)the persons to whom an education authority—

(i)shall, at the request of such a person, disclose a Record; and

(ii)may disclose a Record,

and the manner of such disclosure;

(f)such other matters relating to Records as are in his opinion necessary or expedient,

and the Secretary of State may—

(i)under paragraph (c) of this subsection, prescribe different procedures in different circumstances;

(ii)under paragraph (d) of this subsection, prescribe different periods in different circumstances; and

(iii)under paragraph (e) of this subsection, prescribe different persons and different manners of disclosure for different purposes.

(2)Regulations under subsection (1) above shall provide that a Record shall include four parts containing respectively—

(a)a summary of the child’s or young person’s impairments;

(b)a statement of the special educational needs arising from those impairments;

(c)a statement of the measures proposed by the education authority to be taken to meet those needs; and

(d)where appropriate, the nomination of a school to be attended by him.

65E Application of certain provisions of this Act to recorded children and young persons

Schedule A2 to this Act (which modifies certain provisions of this Act in their application to recorded children and young persons) shall have effect.

65F Secretary of State may prescribe standards etc. for special schools

Without prejudice to section 2 of this Act, the Secretary of State may make regulations prescribing standards and F1. . . requirements relating to the conduct of schools making provision for recorded children or recorded young persons.]

[F165G Attendance of certain children and young persons with special educational needs at establishments outwith United Kingdom

(1)Without prejudice to sections 49 (power of educational authorities to assist persons to take advantage of educational facilities) and 50 (education of pupils in exceptional circumstances) of this Act, an education authority shall have power to make such arrangements as they think fit to enable a child or young person to whom subsection (2) below applies to attend an establishment (whether or not a school) outwith the United Kingdom if that establishment makes provision wholly or mainly for persons with pronounced, specific or complex special educational needs.

(2)This subsection applies to a child or young person if he has such needs as are mentioned in subsection (1) above whether or not a record of those needs is kept in respect of him under section 60 of this Act.

(3)Without prejudice to the generality of subsection (1) above, the arrangements mentioned in that subsection may include defraying, whether or wholly or partly—

(a)the fees payable for the child’s or young person’s attendance and his travelling, maintenance and other expenses in respect of that attendance; and

(b)where in the opinion of the authority it would be to the advantage of the child or young person were one (or both) of his parents, or some other person, to be present with him at the establishment during the period of the attendance, such expenses of, as the case may be, the parent, parents or other person.]