# Education Act 1996, Section 325: Appeal against decision not to make statement.

Extent: E+W

(1) If, after making an assessment under section 323 of the educational needs of any child for whom no statement is maintained under section 324, the local authority do not propose to make such a statement, they shall give notice in writing of their decision, . . . to the child’s parent.
(2) In such a case, the child’s parent may appeal to the Tribunal against the decision.
(2A) A notice under subsection (1) must inform the parent of the right of appeal under subsection (2) and contain such other information as may be prescribed.
(2B) Regulations may provide that where a local authority are under a duty under this section to serve any notice, the duty must be performed within the prescribed period.
(3) On an appeal under this section, the Tribunal may—
(a) dismiss the appeal,
(b) order the local 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.

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Source: https://www.legislation.gov.uk/ukpga/1996/56/section/325 (the official version)
Page: https://openlegislation.uk/education-act-1996/section-325
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.