Paragraph 11

England and Wales

(1)

A F1local authority may cease to maintain a statement only if it is no longer necessary to maintain it.

(2)

Where the local authority determine to cease to maintain a statement—

(a)

they shall give F2notice in writing of that fact to the parent of the child, and

(b)

the parent of the child may appeal to the Tribunal against the determination.

F3(2A)

A notice under sub-paragraph (2)(a) must inform the parent of the right of appeal under sub-paragraph (2)(b) and contain such other information as may be prescribed.

F4(2B)

Where the local authority determine to cease to maintain a statement following a periodic review or a re-assessment review, regulations may provide that a notice under sub-paragraph (2)(a) must be given within the prescribed period beginning with the date of the review.

(3)

On an appeal under this paragraph the Tribunal may—

(a)

dismiss the appeal, or

(b)

order the local authority to continue to maintain the statement in its existing form or with such amendments of—

(i)

the description in the statement of the authority’s assessment of the child’s special educational needs, or

(ii)

the special educational provision specified in the statement,

and such other consequential amendments, as the Tribunal may determine.

(4)

Except where ~~F5the parent of the child appeals~~ there is an appeal to the Tribunal under this paragraph, a local authority may only cease to maintain a statement under this paragraph within the prescribed period beginning with the service of the notice under sub-paragraph (2).

F6(5)

A local authority may not, under this paragraph, cease to maintain a statement if—

(a)

~~F7the parent of the child has appealed~~ there has been an appeal under this paragraph against the authority’s determination to cease to maintain the statement, and

(b)

the appeal has not been determined by the Tribunal or withdrawn.

Annotations

Textual amendments

F1: Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
F2: Words in Sch. 27 para. 11(2)(a) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 10(1) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II
F3: Sch. 27 para. 11(2A) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 10(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II
F4: Sch. 27 para. 11(2B) inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 174(3)(b), 188(2) (with s. 174(4))
F5: Words in Sch. 27 para. 11(4) substituted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 26(3), Sch. para. 5(b) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(m)
F6: Sch. 27 para. 11(5) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 6 (with s. 42(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II
F7: Words in Sch. 27 para. 11(5)(a) substituted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 26(3), Sch. para. 5(c) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(m)