"the Act" means the Education Act 1996;

"annual review" means a review of a child's statement of educational needs carried out within 12 months of making the statement or the previous review under section 328(5)(b) of the Act;

"assessment" means an assessment of a child's educational needs under section 323 of the Act;

"authority" means a local education authority;

(a) under section 323(1) or 329A(3) an authority serve notice on a child's parent that they are considering whether to make an assessment, or

(b) no notice has been given in relation to a particular assessment under section 323(1) or 329A(3), and under section 323(4) or 329A(7) an authority give notice to a child's parent of their decision to make an assessment.

    (2) Where this paragraph applies an authority shall send copies of the relevant notice - 

(a) to the social services authority; and

(b) to the health authority; and

(c) if the child is registered at a school, to the head teacher of that school; or

(d) if the child receives education from an early education provider, to the head of SEN in relation to that provider.

    (3) Where a copy of a notice is sent under paragraph (2) an endorsement on the copy or a notice accompanying that copy shall inform the recipient what help the authority are likely to request.

    (4) Where - 

(a) under section 328(2) or 329(1) a child's parent asks an authority to arrange for an assessment, and

(b) no assessment has been made for that child within the period of six months ending with the date on which the request is made,

the authority shall give notice to the persons referred to in paragraph (2)(a) to (d) that the request has been made and inform them what help the authority are likely to request.

    (5) Where - 

(a) under section 329A(1) a responsible body asks an authority to arrange for an assessment, and

(b) no assessment has been made for that child within the period of six months ending with the date on which the request is made,

the authority shall give notice to the persons referred to in paragraph (2)(a) to (d) that the request has been made and inform them what help the authority are likely to request.

    (6) Where the head teacher at a school or head of SEN in relation to an early education provider is the responsible body referred to at paragraph (5)(a) the authority may - 

(a) choose not to serve a notice on the head teacher or head of SEN under paragraph (5)(b), and

(b) endorse the notice served on the responsible body under section 329A(7) or serve a further notice accompanying that notice informing the head teacher of the school or the head of SEN in relation to the early education provider of the help the authority are likely to request.

(a) a copy of a proposed statement (served under paragraph 2(1) of Schedule 27), or

(b) a copy of a proposed amended statement (served under paragraph 2A(2) of Schedule 27)

(a) to make an assessment, the authority shall notify the child's parent that it will make an assessment under section 323(4) or 329A(7) as the case may be within 4 weeks;

(b) to make and maintain a statement, the authority shall make a statement within 5 weeks;

(c) remitting a case back to the authority under section 325(3)(c ), the authority shall take the action referred to in regulation 17(1)(a) or 17(1)(b) within 2 weeks;

(d) to amend a statement, the authority shall serve an amendment notice on the child's parent under paragraph 2A of Schedule 27 within 5 weeks;

(e) to continue to maintain a statement, the authority shall continue to maintain the statement with immediate effect;

(f) to continue to maintain and to amend a statement, the authority shall continue to maintain the statement with immediate effect and shall serve an amendment notice on the child's parent under paragraph 2A of Schedule 27 within 5 weeks;

(g) to substitute the name of the school or other institution specified in a child's statement with the name of a school specified by a parent, the authority shall specify the school specified by the parent within 2 weeks, and

(h) dismissing an appeal against a determination to cease to maintain a statement, the authority shall cease to maintain that statement immediately or on a date proposed by the authority, whichever is the later.

    (3) In each case the period shall begin on the day after the issue of the Order in question.

    (4) The authority need not comply with the time limits referred to in paragraph (2) if it is impractical to do so because - 

(a) exceptional personal circumstances affect the child or his parent during the relevant time period;

(b) the child or his parent are absent from the area of the authority for a continuous period of not less than 2 weeks during the relevant time period;

(c) the child's parent indicates that he wishes to make representations to the authority about the content of the statement under paragraph 4(1) of Schedule 27 after the expiry of the 15-day period for making such representations provided for in paragraph 4(4) of that Schedule;

(d) a meeting between the child's parent and an officer of the authority has been held pursuant to paragraph 4(1) of Schedule 27 and the child's parent under paragraph 4(2) of that Schedule either required that another such meeting be arranged or has required that a meeting with the appropriate person be arranged, or

(e) the authority have sent a written request to the Secretary of State seeking his consent under section 347(5) to the child being educated at an independent school which is not approved by him and such consent has not been received by the authority within 3 weeks of the day on which the request was sent.

(a) notified the parent of their decision that they are not required to determine the special educational provision of the child in accordance with section 325(1);

(b) served on the parent a copy of a proposed statement in accordance with paragraph 2 of Schedule 27, or

(c) served on the parent a copy of a proposed amended statement under paragraph 3 of Schedule 27,

regulations 6 to 12 of these Regulations shall apply in relation to the assessment from 1st May 2002 as if on that date the authority had given notice to the parent under section 323(4) of their decision to make an assessment.

    (4) Where in accordance with paragraph (3) above regulations 6 to 12 of these Regulations apply in relation to an assessment the authority shall obtain advice in accordance with Part II, but advice obtained in accordance with the 1994 Regulations shall be considered to have been obtained under Part II of these Regulations if such advice is appropriate for the purpose of arriving at a satisfactory assessment under that Part.

    (5) Where before 1st January 2002 in accordance with section 323(1) the authority have served notice on the child's parent that they propose to make an assessment but they have not before that date notified the parent under section 323(4) of the Act that they have decided to make the assessment or notified him under section 323(6) that they have decided not to make the assessment, regulation 11 of the 1994 Regulations shall continue to apply for the purpose of any such notification under section 323(4) or 323(6) only.

    (6) Where before 1st January 2002 in accordance with section 328 or 329 a parent has asked the authority to arrange for an assessment to be made of his child's educational needs but the authority have not before that date notified the parent under section 323(4) that they have decided to make the assessment or notified him under section 328(3) or 329(2) that they have decided not to make the assessment, regulation 11 of the 1994 Regulations shall continue to apply for the purpose of any notification under section 323(4), 328(3) or 329(2) only.

    (7) Regulations 13 and 14 of the 1994 Regulations shall continue to apply to the making of any statement where before 1st January 2002 the authority have served on the parent a copy of a proposed statement in accordance with paragraph 2 of Schedule 27.

    (8) Regulation 14 of the 1994 Regulations shall continue to apply in relation to a proposal to amend or cease to maintain a statement where an authority serve a notice under paragraphs 10(1) or 11(2) of Schedule 27 before 1st January 2002.

    (9) Regulation 15 of the 1994 Regulations shall continue to apply to a review of a statement in respect of which an authority serve a notice as required by regulation 15(2) of the 1994 Regulations before 1st January 2002.

    (10) Regulation 16 of the 1994 Regulations shall continue to apply to a review of a statement in respect of which an authority serve a notice as required by regulation 16(2) of the 1994 Regulations before 1st January 2002.

    (11) Regulation 17 of the 1994 Regulations shall continue to apply to a review in respect of which an authority in accordance with regulation 17(3) of the 1994 Regulations have before 1st January 2002 invited the attendance of the persons specified in that regulation to a meeting.

    (12) The first occasion before which an authority must, under regulation 19 of these Regulations, ensure that a child's statement is amended, shall be 15th February 2003.


Estelle Morris
Secretary of State for Education and Skills

22nd October 2001

(a) the school is unsuitable to [child's name] age, ability or aptitude or to [his/her] special educational needs, or

(b) the attendance of [child's name] at the school would be incompatible with the provision of efficient education for the children with whom [he/she] would be educated or the efficient use of resources.

If you think that [child's name] should attend a non-maintained special school or an independent school you can suggest the name of a school and tell us why you think that school should be named in [child's name] statement. A list of non-maintained special schools and independent schools approved by the Secretary of State [and if such a list is produced by the National Assembly for Wales] and the National Assembly for Wales is attached to help you.

[Such lists of independent and non-maintained special schools as the Secretary of State and the National Assembly for Wales may issue from time to time must be attached to this letter]

If you want to tell us the name of a school you want [child's name] to go to you must do so within 15 days of getting this letter. However, if you attend a meeting with us to discuss this statement after getting this letter you will have another 15 days from that meeting to suggest a school. You can also tell us if you disagree with what the statement says. If you do disagree with the statement you must also tell us within 15 days of getting this letter, or 15 days from when you meet us to talk about the statement. If you still disagree with the statement, or any of the advice given during the assessment after you meet us, you can ask us for another meeting to discuss the advice you disagree with but you must ask us within 15 days of the first meeting. We will arrange for the person who gave the advice, or someone else they suggest, to attend this new meeting. We can arrange more than one meeting if necessary, if you disagree with more than one part of the advice.

Once all these stages are finished we will send you a final statement that will have part 4 completed.

If you have any concerns or questions about this process, or disagree with any part of the statement you may wish to get advice or support from the local parent partnership service. They can be contacted at [contact address and telephone number].

They can also put you in touch with the informal arrangements set up to help resolve or prevent any disagreements between you and the authority. Using either of these services does not prevent you from appealing to the Special Educational Needs Tribunal about Parts 2, 3 or 4 of the Statement at the same time; your rights are not affected and an appeal to the Tribunal can run at the same time as any disagreement resolution.

When you receive the final statement, if you disagree with parts 2, 3 or 4 you can appeal to the Special Educational Needs Tribunal. The Tribunal can hold a hearing to decide what should be in these parts of [child's name] statement. You have to appeal to the Tribunal within two months of getting the final statement. The address of the Tribunal is 50 Victoria Street, London, SW1H 0HW.

If you have any questions, now or at any time, about this process or about the statement itself, our case officer [name] can be contacted at [address and telephone number].

Please do not hesitate to get in touch.

Yours sincerely

[Signature of officer responsible]

(a) the school is unsuitable to [child's name] age, ability or aptitude or to [his/her] special educational needs, or

(b) the attendance of [insert child's name] at the school would be incompatible with the provision of efficient education for the children with whom [he/she] would be educated or the efficient use of resources.

If you think that [child's name] should attend a non-maintained special school or an independent school you can suggest the name of a school and tell us why you think that school should be named in [child's name] statement. A list of non-maintained special schools and independent schools approved by the Secretary of State [and if such a list is produced by the National Assembly for Wales] and the National Assembly for Wales is attached to help you.

[Such lists of independent and non-maintained special schools as the Secretary of State and the National Assembly for Wales may issue from time to time must be attached to this letter]

If you want to tell us the name of a school you want [child's name] to go to you must do so within 15 days of getting this letter. However, if you attend a meeting with us to discuss the suggested changes to this statement after getting this letter you will have another 15 days from that meeting to name a school. You can also tell us if you disagree with the changes to the statement that we are suggesting. If you do disagree with the suggested changes you must also tell us within 15 days of getting this letter.

Once all these stages are finished we will send you an amended final statement. If you have any concerns or disagree with any part of the amended final statement you may wish to get advice or support from the local parent partnership service. They can be contacted [here insert contact address and telephone number]. They can also put you in touch with the informal arrangements set up to help resolve or prevent any disagreements between you and the authority. Using either of these services does not prevent you from appealing to the Special Educational Needs Tribunal about Parts 2, 3 or 4 of the Statement at the same time; your rights are not affected and an appeal to the Tribunal can run at the same time as any disagreement resolution.

When you receive the amended final statement, if you disagree with parts 2, 3 or 4 of the statement you can appeal to the Special Educational Needs Tribunal. The Tribunal can hold a hearing to decide what should be in these parts of [child's name] statement. You have to appeal to the Tribunal within two months of getting the final statement. The address of the Tribunal is 50 Victoria Street, London, SW1H 0HW.

If you have any questions, now or at any time, about this process or about the statement itself, our case officer [name] can be contacted at [address and telephone number]. Please do not hesitate to get in touch.

Yours sincerely

[Signature of officer responsible]

(a) any appropriate facilities and equipment, staffing arrangements and curriculum,

(b) any appropriate modifications to the application of the National Curriculum,

(c) any appropriate exclusions from the application of the National Curriculum, in detail, and the provision which it is proposed to substitute for any such exclusions in order to maintain a balanced and broadly based curriculum; and

(d) where residential accommodation is appropriate, that fact].

Monitoring
[Here specify the arrangements to be made for - 

(a) regularly monitoring progress in meeting objectives specified in this Part,

(b) establishing targets in furtherance of those objectives,

(c) regularly monitoring the targets referred to in (b),

(d) regularly monitoring the appropriateness of any modifications to the application of the National Curriculum; and

(e) regularly monitoring the appropriateness of any provision substituted for exclusions from the application of the National Curriculum.

[Here also specify any special arrangements for reviewing this statement.]

(a) the type of school which the authority consider appropriate for the child and if the authority are required to specify the name of a school for which the parent has expressed a preference, the name of that school, or, where the authority are otherwise required to specify the name of a school or institution, the name of the school/or institution which they consider would be appropriate for the child and should be specified; or

(b) any provision for his education otherwise than at a school which the authority make under section 319 of the Act and consider it appropriate to specify.]