Office of Public Sector Information
PART IV continued CHAPTER I continued
(1) Where a local education 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.
(1) This section applies where a Health Authority or a National Health Service trust, in the course of exercising any of their functions in relation to a child who is under the age of five, form the opinion that he has (or probably has) special educational needs.
(2) The Authority or trust—
(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 Authority or trust, shall bring it to the attention of the appropriate local education authority.
(3) If the Authority or trust 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.
(1) There shall continue to be a tribunal known as the Special Educational Needs Tribunal which shall exercise the jurisdiction conferred on it by this Part.
(2) There shall be appointed—
(a) a President of the Tribunal (referred to in this Part as “the President”),
(b) a panel of persons (referred to in this Part as “the chairmen’s panel”) who may serve as chairman of the Tribunal, and
(c) a panel of persons (referred to in this Part as “the lay panel”) who may serve as the other two members of the Tribunal apart from the chairman.
(3) The President and the members of the chairmen’s panel shall each be appointed by the Lord Chancellor.
(4) The members of the lay panel shall each be appointed by the Secretary of State.
(5) Regulations may—
(a) provide for the jurisdiction of the Tribunal to be exercised by such number of tribunals as may be determined from time to time by the President, and
(b) make such other provision in connection with the establishment and continuation of the Tribunal as the Secretary of State considers necessary or desirable.
(6) The Secretary of State may, with the consent of the Treasury, provide such staff and accommodation as the Tribunal may require.
(1) No person may be appointed President or member of the chairmen’s panel unless he has a seven year general qualification (within the meaning of section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990).
(2) No person may be appointed member of the lay panel unless he satisfies such requirements as may be prescribed.
(3) If, in the opinion of the Lord Chancellor, the President is unfit to continue in office or is incapable of performing his duties, the Lord Chancellor may revoke his appointment.
(4) Each member of the chairmen’s panel or lay panel shall hold and vacate office under the terms of the instrument under which he is appointed.
(5) The President or a member of the chairmen’s panel or lay panel—
(a) may resign office by notice in writing to the Lord Chancellor or (as the case may be) the Secretary of State, and
(b) is eligible for re-appointment if he ceases to hold office.
(1) The Secretary of State may pay to the President, and to any other person in respect of his service as a member of the Tribunal, such remuneration and allowances as the Secretary of State may, with the consent of the Treasury, determine.
(2) The Secretary of State may defray the expenses of the Tribunal to such amount as he may, with the consent of the Treasury, determine.
(1) Regulations 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) for the holding of hearings in private in prescribed circumstances,
(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 discovery or inspection of documents or right to further particulars as might be granted by a 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 prescribed circumstances,
(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.
(3) The Secretary of State may pay such allowances for the purpose of or in connection with the attendance of persons at the Tribunal as he may, with the consent of the Treasury, determine.
(4) Part I of the [1996 c. 23.] Arbitration Act 1996 shall not apply to any proceedings before the Tribunal but regulations may make provision corresponding to any provision of that Act.
(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.
(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.
(1) A school which is specially organised to make special educational provision for pupils with special educational needs and is for the time being approved by the Secretary of State under section 342 shall be known as a special school.
(2) There are three categories of special school—
(a) maintained special schools;
(b) grant-maintained special schools; and
(c) special schools which are neither maintained nor grant-maintained schools.
(3) A special school is a maintained special school if it is maintained by a local education authority.
(4) A special school is a grant-maintained special school if it is conducted by a governing body incorporated in pursuance of proposals for the purpose—
(a) made by the funding authority under section 339 of this Act (or section 183 of the [1993 c. 35.] Education Act 1993), or
(b) made under section 345 of this Act (or section 186 of that Act).
(1) The funding authority may establish in the area of any local education authority a school which is specially organised to make special educational provision for pupils with special educational needs if—
(a) an order under section 27(1) (allocation of responsibility for providing sufficient school places) applies to the area, and
(b) the school is intended to provide relevant education for pupils in the area, whether or not it also provides other education or education for pupils from outside the area.
(2) Subsection (1) has effect subject to section 339(4).
(1) Where a local education authority intend—
(a) to establish a school which is specially organised to make special educational provision for pupils with special educational needs, or
(b) to make any prescribed alteration to a maintained special school, or
(c) to discontinue such a school,
they shall serve under subsection (5) notice of their proposals.
(2) Where the funding authority—
(a) intend to establish a school which is specially organised to make special educational provision for pupils with special educational needs, or
(b) are of the opinion that any prescribed alteration should be made to a grant-maintained special school, or
(c) are of the opinion that such a school should be discontinued,
and an order under section 27(1) applies to the area concerned, they shall serve under subsection (5) notice of their proposals.
(3) Where the governing body of a grant-maintained special school intend—
(a) to make any prescribed alteration to the school, or
(b) to discontinue the school,
they shall serve under subsection (5) notice of their proposals.
(4) Except in pursuance of proposals under this section approved under section 340—
(a) a local education authority or the funding authority may not establish a school which is specially organised to make special educational provision for pupils with special educational needs,
(b) no prescribed alteration may be made to a maintained or grant-maintained special school, and
(c) a maintained or grant-maintained special school may not be discontinued.
(5) Notice for the purposes of subsections (1) to (3) above shall be served on—
(a) the Secretary of State, and
(b) such other persons as may be prescribed,
and shall give such information as may be prescribed.
(6) If the proposals are approved under section 340—
(a) the body which served the notice, or
(b) in the case of proposals under subsection (2)(b) or (c) above, the governing body of the school,
shall implement them.
(7) If proposals under subsection (2)(a) above are so approved, a governing body of the school shall be incorporated on such date as may be specified in the proposals (referred to in this Part as the “incorporation date”).
(8) In relation to the establishment of a school in pursuance of proposals under subsection (2)(a) above, regulations may apply any provision of Chapter IV or V of Part III of this Act with or without modification.
(9) In this Part—
(a) references to the discontinuance of a maintained special school are to the local education authority ceasing to maintain it, and
(b) references to an alteration to a school include the transfer of the school to a new site.
(1) Before a body serve notice of any proposals under section 339 they shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the body shall have regard to any guidance given from time to time by the Secretary of State.
(2) Within such period as may be specified in the notice under that section (which must not be less than two months beginning with the date on which the notice is served), any person may submit objections to the proposals to the body which served the notice.
(3) Within one month after the end of the period for making objections specified in the last notice to be served under that section, the body which served the notice shall transmit to the Secretary of State copies of all objections which have been duly made (and not withdrawn in writing), together with their observations on them.
(4) The Secretary of State may, after considering the proposals, any objections to the proposals and any observations on the objections—
(a) reject the proposals,
(b) approve them without modification, or
(c) after consulting the body which served notice of them (and, in the case of proposals under section 339(2)(b) or (c), the governing body) approve them with such modifications as he thinks desirable.
(5) The Secretary of State may modify any proposals required under section 339 to be implemented—
(a) in the case of proposals under section 339(2)(b) or (c)—
(i) at the request of the governing body, or
(ii) at the request of the funding authority and after consulting the governing body, or
(b) in any other case, at the request of the body which served notice of the proposals.
(6) References in this Part to proposals under section 339, in any case where the Secretary of State has modified such proposals in pursuance of this section, are to the proposals as so modified.
(7) Service of a notice under that section which is sent by post in accordance with section 572 (service of notices) shall be taken to have been effected on the second day after the day on which the notice is posted.
(1) Where a body serve under section 339(5) notice of proposals for the establishment of a school which is specially organised to make special educational provision for pupils with special educational needs, they shall submit to the Secretary of State the particulars in respect of the proposed premises of the school mentioned in subsection (3).
(2) Where a body serve under section 339(5) notice of proposals for making a prescribed alteration to a special school, they shall, if the Secretary of State so directs, submit to him the particulars in respect of the premises or proposed premises of the school mentioned in subsection (3).
(3) The particulars are—
(a) particulars of the provision made or to be made in respect of the means of access to and within the premises or proposed premises of the school, and
(b) such other particulars in respect of the premises or proposed premises of the school as the Secretary of State may require,
and they shall be submitted at such time and in such form and manner as the Secretary of State may direct.
(4) The particulars submitted under subsection (3)(a) shall indicate the extent to which the provision referred to conforms with the minimum requirements, so far as they are relevant to school premises, of—
(a) Design Note 18 “Access for Disabled People to Educational Buildings” published in 1984 on behalf of the Secretary of State, or
(b) (if that Note has been replaced by a document prescribed by regulations made or having effect as if made under the [1990 c. 8.] Town and Country Planning Act 1990) that document.
(5) Particulars submitted under this section in respect of the premises or proposed premises of the school require the approval of the Secretary of State.
(6) Where any proposals falling within subsection (1) or (2) are required to be implemented, they shall be implemented in accordance with any particulars approved under this section.
(1) The Secretary of State may approve under this section any school which is specially organised to make special educational provision for pupils with special educational needs (and which is not a maintained or grant-maintained school), and may give his 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—
(a) is established in pursuance of proposals approved under section 340 (or section 184 of the [1993 c. 35.] Education Act 1993), or
(b) was a special school immediately before 1st April 1994 (the date when section 184 of that Act came into force),
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.
(6) Regulations shall make provision for securing that, so far as practicable, every pupil attending a special school—
(a) receives religious education and attends religious worship, or
(b) is withdrawn from receiving such education or from attendance at such worship in accordance with the wishes of his parent.
(7) Where approval is withdrawn from a maintained special school or grant-maintained special school, the local education authority or, as the case may be, the governing body shall serve under section 339 notice of their proposals to discontinue the school.
(8) For the purposes of proposals made under subsection (7)—
(a) section 339 shall have effect as if the school had not ceased to be a special school on the withdrawal of the approval, and
(b) section 340 shall have effect as if subsections (1) to (3), and the reference in subsection (4) to the rejection of proposals, were omitted.
(1) No notice of proposals for a school to become a nursery school may be given under section 339(2) or (3).
(2) Subject to subsection (1) above, proposals under section 339(2) or (3) may, in particular, be made for the purpose of securing the provision of education for junior pupils who have not attained the age of five.
(1) Chapters IV and VI of Part II have effect in relation to the government and conduct of maintained special schools and other matters relating to such schools; and section 120 provides for schemes under Chapter V of that Part (financial delegation) to apply to such schools.
(2) Schedule 28 has effect in relation to the government and conduct of grant-maintained special schools and other matters relating to such schools.
(1) Regulations may make provision for maintained special schools, or any class or description of such schools, to cease to be maintained by the local education authority and become grant-maintained special schools.
(2) Regulations shall require, before a maintained special school becomes a grant-maintained special school in pursuance of the regulations—
(a) the submission to the Secretary of State of proposals for the purpose by the governing body of the school, and
(b) the approval of such proposals, as originally submitted or as modified by the Secretary of State (whether before or after they are approved).
(3) If the proposals are so approved, a governing body of the school shall be incorporated in accordance with Schedule 28 on the date of approval (referred to in this Part as the “incorporation date”).
(4) Regulations made for the purposes of this section may apply any provision of—
(a) Chapter II (apart from section 198) or Chapter III or V of Part III,
(b) section 340, or
(c) section 35(7) or (8), section 37(1), (4), (7), (8) or (9), section 167(3) or (6) or section 169(1), (4) or (6),
with or without modification.
(1) Regulations may modify the provisions of Chapter IX of Part III (groups of grant-maintained schools) for the purpose of securing that—
(a) two or more grant-maintained special schools, or one or more grant-maintained special schools together with one or more grant-maintained schools, may be conducted as a group by a single governing body,
(b) a special school maintained by a local education authority may cease to be so maintained and may be conducted by a governing body incorporated under that Chapter, and
(c) a grant-maintained special school may become a member of a group of schools conducted by such a governing body,
and that, where a group of schools including one or more special schools is conducted by such a governing body, the governing body are appropriately constituted.
(2) Regulations made for the purpose mentioned in subsection (1) may modify sections 338 to 342 and Schedule 28.
(3) Where that Chapter applies to special schools by virtue of regulations—
(a) section 183(1) shall not be read as applying to such schools,
(b) a special school conducted by a governing body incorporated under that Chapter shall be known as a grant-maintained special school, and
(c) in Chapter II of Part I of the [1996 c. 57.] School Inspections Act 1996 (procedure for school inspections) references to a group of grant-maintained schools include a group of one or more grant-maintained special schools together with one or more grant-maintained schools.
(1) The Secretary of State may approve an independent school as suitable for the admission of children for whom statements are maintained under section 324.
(2) Regulations may make provision as to—
(a) the requirements which are to be complied with by a school as a condition of its approval under this section,
(b) the requirements which are to be complied with by a school while an approval under this section is in force in respect of it, and
(c) the withdrawal of approval from a school at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.
(3) An approval under this section may be given subject to such conditions (in addition to those prescribed) as the Secretary of State sees fit to impose.
(4) In any case where there is a failure to comply with such a condition imposed under subsection (3), the Secretary of State may withdraw his approval.
(5) No person shall so exercise his functions under this Part that a child with special educational needs is educated in an independent school unless—
(a) the school is for the time being approved by the Secretary of State as suitable for the admission of children for whom statements are maintained under section 324, or
(b) the Secretary of State consents to the child being educated there.
(1) This section applies where—
(a) special educational provision in respect of a child with special educational needs is made at a school which is not a maintained school, and
(b) either the name of the school is specified in a statement in respect of the child under section 324 or the local education authority are satisfied—
(i) that his interests require the necessary special educational provision to be made for him at a school which is not a maintained school, and
(ii) that it is appropriate for the child to be provided with education at the particular school.
(2) Where this section applies, the local education authority shall pay the whole of the fees payable in respect of the education provided for the child at the school, and if—
(a) board and lodging are provided for him at the school, and
(b) the authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless the board and lodging are also provided,
the authority shall pay the whole of the fees payable in respect of the board and lodging.
(3) In this section “maintained school” means—
(a) a school maintained by a local education authority,
(b) a grant-maintained school, and
(c) a grant-maintained special school.
(1) The Secretary of State may by order make such modifications of any trust deed or other instrument relating to a school as, after consultation with the governing body or other proprietor of the school, appear to him to be necessary to enable the governing body or proprietor to meet any requirement imposed by regulations under section 342 or 347.
(2) Any modification made by an order under this section may be made to have permanent effect or to have effect for such period as may be specified in the order.
Education Act 1996