Section 174 Assessment of educational needs at request of governing body of grant-maintained school.
England and Wales
Where in the case of a child for whom a local education authority are responsible but for whom no statement is maintained under section 168 of this Act—
a grant-maintained school is specified in a direction in respect of the child under section 13 of this Act,
the governing body of the school ask the authority to arrange for an assessment to be made in respect of the child under section 167 of this Act, and
such an assessment has not been made within the period of six months ending with the date on which the request is made,
the local education authority shall serve a notice under subsection (2) below on the child’s parent.
The notice shall inform the child’s parent—
that the local education authority propose to make an assessment of the child’s educational needs,
of the procedure to be followed in making the assessment,
of the name of the officer of the authority from whom further information may be obtained, and
of the parent’s right to make representations, and submit written evidence, to the authority within such period (which shall not be less than twenty-nine days beginning with the date on which the notice is served) as may be specified in the notice.
Where—
a local education authority have served a notice under subsection (2) above and the period specified in the notice in accordance with subsection (2)(d) above has expired, and
the authority are of the opinion, after taking into account any representations made and any evidence submitted to them in response to the notice, that the child falls, or probably falls, within subsection (4) below,
they shall make an assessment of his educational needs under section 167 of this Act.
A child falls within this subsection if—
he has special educational needs, and
it is necessary to determine the special educational provision which any learning difficulty he may have calls for.
Where a local education authority decide in pursuance of this section to make an assessment under that section, they shall give notice in writing to the child’s parent, and to the governing body of the grant-maintained school, of that decision and of their reasons for making it.
Where, at any time after serving a notice under subsection (2) above, a local education authority decide not to assess the educational needs of the child concerned, they shall give notice in writing to the child’s parent and to the governing body of the grant-maintained school of their decision.
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)