Section 173 Assessment of educational needs at request of child’s parent.

England and Wales

C1(1)

Where—

(a)

the parent of a child for whom a local education authority are responsible but for whom no statement is maintained under section 168 of this Act asks the authority to arrange for an assessment to be made in respect of the child under section 167 of this Act,

(b)

such an assessment has not been made within the period of six months ending with the date on which the request is made, and

(c)

it is necessary for the authority to make an assessment under that section,

the authority shall comply with the request.

(2)

If in any case where subsection (1)(a) and (b) above applies the authority determine not to comply with the request—

(a)

they shall give notice of that fact and of the effect of paragraph (b) below to the child’s parent, and

(b)

the parent may appeal to the Tribunal against the determination.

(3)

On an appeal under subsection (2) above the Tribunal may—

(a)

dismiss the appeal, or

(b)

order the authority to arrange for an assessment to be made in respect of the child under section 167 of this Act.

Annotations

Modifications

C1: S. 173(1) extended (28.7.1994) by S.I. 1994/2038, art. 3, Sch. 4 para. 8

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F1: Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.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)