Regulation 10 Further directions

(1)

Subject to paragraph (3), a head teacher who has given a special direction in respect of a pupil may, if he is still of the same opinion for which he gave the original direction, give a further such direction in respect of him –

(a)

if a statement of special educational needs has not been made or, as the case may be, amended in respect of the pupil before the end of the operative period of the first direction and the local education authority have not given notice to the head teacher that they have determined not to make or amend such a statement;

(b)

if the local education authority’s decision not to determine the special educational provision that should be made for the pupil is subject to appeal under section 5(6) of the 1981 Act at the time that the operative period of the first special direction expires; or

(c)

if a statement of special educational needs has been made in respect of the pupil but is subject to appeal under section 8 of the 1981 Act at the time that the operative period of the first special direction expires.

(2)

Any further special direction given under paragraph (1) shall be for an operative period beginning immediately after the expiry of the operative period of the first direction and shall be for an operative period ending not later than one month after the statement of special educational needs has been made or amended, or the appeal disposed of, as the case may be, and in any event that period shall not exceed six months.

(3)

A further special direction may be given –

(a)

once, while paragraph (1)(a) applies;

(b)

once, while paragraph (1)(b) applies; and

(c)

any number of times while paragraph (1)(c) applies.

(4)

Regulation 6 shall apply to a further special direction.