OpenLegislation

Section 326 Appeal against contents of statement.C2F1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(F21)

The parent of a child for whom a F3local authority maintain a statement under section 324 may appeal to the Tribunal—

(a)

when the statement is first made,

(b)

if an amendment is made to the statement, or

(c)

if, after conducting an assessment under section 323, the local authority determine not to amend the statement.

(1A)

An appeal under this section may be against any of the following—

(a)

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

(b)

the special educational provision specified in the statement (including the name of a school so specified),

(c)

if no school is specified in the statement, that fact.

(2)

Subsection (1)(b) does not apply where the amendment is made in pursuance of—

(a)

paragraph 8 (change of named school) or 11(3)(b) (amendment ordered by Tribunal) of Schedule 27, or

(b)

directions under section 442 (revocation of school attendance order);

and subsection (1)(c) does not apply to a determination made following the service of notice under F4paragraph 2A (amendment by F5local authority) of Schedule 27 of a proposal to amend the statement.

C1(3)

On an appeal under this section, the Tribunal may—

(a)

dismiss the appeal,

(b)

order the authority to amend the statement, so far as it describes the authority’s assessment of the child’s special educational needs or specifies the special educational provision, and make such other consequential amendments to the statement as the Tribunal think fit, or

(c)

order the authority to cease to maintain the statement.

(4)

On an appeal under this section the Tribunal shall not order the local authority to specify the name of any school in the statement (either in substitution for an existing name or in a case where no school is named) unless—

(a)

the parent has expressed a preference for the school in pursuance of arrangements under paragraph 3 (choice of school) of Schedule 27, or

(b)

in the proceedings the parent, the local authority, or both have proposed the school F6, or F7...

(F8c)

F9in the proceedings the child has proposed the school (whether or not the parent, the local authority or both have also proposed the school).

(5)

Before determining any appeal under this section the Tribunal may, with the agreement of the parties, correct any deficiency in the statement.

Annotations

Textual amendments

F1

Pt. 4 Ch. 1 repealed (1.9.2021 for the repeal of ss. 333(1ZA)(2)-(6), 334-335 and otherwise in force for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(9); S.I. 2021/373, arts. 3, 4, 6, 7, 8(j)(vi) (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

F2

S. 326(1)(1A) substituted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 19 (with s. 43(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

F3

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))

F4

Words in s. 326(2) substituted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 20 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F5

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(3) (with Sch. 2 para. 7(4)(5))

F6

Word in s. 326(4)(b) inserted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 26(3), Sch. para. 2(a); S.I. 2012/320, art. 3(m)

F7

Full stop in s. 326(4)(b) omitted (6.3.2012) by virtue of Education (Wales) Measure 2009 (nawm 5), s. 26(3), Sch. para. 2(a); S.I. 2012/320, art. 3(m)

F8

S. 326(4)(c) inserted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 26(3), Sch. para. 2(b) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(m)

F9

Words in s. 326(4)(c) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 17; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Modifications

C1

S. 326(3) restricted (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(6), 162 (with s. 159)

C2

Pt. 4 Ch. 1 excluded (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 81, 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Notes on Part IV

Modifications

C1

Pt. 4 power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26(3); S.I. 2012/320, art. 2(g)

Notes on Chapter I

Textual amendments

F2

Words in Pt. 4 Ch. 1 title inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 9; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505))