Explanatory note

These Regulations amend the Education (Special Educational Needs) (England) Regulations 2001 by amending regulation 12 so that where section 329A Education Act 1996 applies and a responsible body (typically a child’s school) has asked an authority to assess a child’s educational needs the authority must, subject to prescribed exceptions, notify the body and the parents of their decision to assess or not to assess within 6 weeks of the request being received. Parents must be provided with additional information within this period. Regulation 12 previously provided that parents and responsible bodies had to be notified of the authority’s decision within 6 weeks of the authority informing the parent that they were considering making an assessment.