Section 169 Appeal against decision not to make statement.C1

England and Wales

C2(1)

If, after making an assessment under section 167 of this Act of the educational needs of any child for whom no statement is maintained under section 168 of this Act, the local education authority do not propose to make such a statement, they shall give notice in writing of their decision, and of the effect of subsection (2) below, to the child’s parent.

(2)

In such a case, the child’s parent may appeal to the Tribunal against the decision.

C3(3)

On an appeal under this section, the Tribunal may—

(a)

dismiss the appeal,

(b)

order the local education authority to make and maintain such a statement, or

(c)

remit the case to the authority for them to reconsider whether, having regard to any observations made by the Tribunal, it is necessary for the authority to determine the special educational provision which any learning difficulty the child may have calls for.

Annotations

Modifications

C1: S. 169 excluded (28.7.1994) by S.I. 1994/2038, art. 3, Sch. 4 para. 3(2)(b)
C2: S. 169(1)(2) excluded (28.7.1994) by S.I. 1994/2038, art. 3, Sch. 4 para. 2(5)(a)
C3: S. 169(3) extended (28.7.1994) by S.I. 1994/2038, art. 3, Sch. 4 para. 2(5)(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F1: Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.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)

Notes on Part III

Modifications

C1

Pt. III (ss. 156-191) applied (with modifications) (E.W.) (9.5.1994) by S.I. 1994/1084, reg. 5

Pt. III (ss. 156-191) modified (E.W.)(28.7.1994) by S.I. 1994/2038, art. 3, Sch. 4 para. 2(6)