Paragraph 10 C1

England and Wales

(1)

Before amending a statement, a local education authority shall serve on the parent of the child concerned a notice informing him—

(a)

of their proposal, and

(b)

of his right to make representations under sub-paragraph (2) below.

(2)

A parent on whom a notice has been served under sub-paragraph (1) above may, within the period of fifteen days beginning with the date on which the notice is served, make representations to the local education authority about their proposal.

(3)

The local education authority—

(a)

shall consider any representations made to them under sub-paragraph (2) above, and

(b)

on taking a decision on the proposal to which the representations relate, shall give notice in writing to the parent of their decision.

C2(4)

Where a local education authority make an amendment under this paragraph to the description in a statement of the authority’s assessment of a child’s special educational needs or to the special educational provision specified in a statement, they shall give notice in writing to the parent of his right under section 170(1) of this Act to appeal against the description in the statement of the authority’s assessment of the child’s special educational needs, the special educational provision specified in the statement or, if no school is named in the statement, that fact.

(5)

A local education authority may only amend a statement under this paragraph within the prescribed period beginning with the service of the notice under sub-paragraph (1) above.

Annotations

Modifications

C1: Sch. 10 para. 9-11 excluded (28.7.1994) by S.I. 1994/2038, art. 3, Sch. 4 para. 6(2)(b) (as amended (25.8.1994) by S.I. 1994/2248, art. 2(b))
C2: Sch. 10 para. 10(4) excluded (28.7.1994) by S.I. 1994/2038, art. 3, Sch. 4 para. 7(2)(b)

Notes on the whole Act

Textual amendments

F1: Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with savings in ss. 1(4), 561, 562, Sch. 39); Sch. 13 paras. 6, 7 as saved continued (1.9.1999) by S.I. 1999/2267, reg. 2(2); and s. 154(4) expressed to be amended (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 25 (which amendment fell (1.4.1999) by reason of the repeal of the said Sch. 3 para. 25 by 1998 c. 31, s. 140(3), Sch. 31; S.I. 1999/1016, art. 2(1), Sch. 1)