{
  "url": "https://openlegislation.uk/education-special-educational-needs-regulations-1994/note",
  "json_url": "https://openlegislation.uk/education-special-educational-needs-regulations-1994/note.json",
  "legislation": "uksi/1994/1047",
  "legislation_title": "The Education (Special Educational Needs) Regulations 1994",
  "legislation_url": "https://openlegislation.uk/education-special-educational-needs-regulations-1994",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations relate to the assessment of special educational needs and to statements of such needs under Part III of the Education Act 1993. Part III replaces with modifications the provisions relating to such assessments and statements in the Education Act 1981, and these Regulations replace with modifications the Education (Special Educational Needs) Regulations 1983, which are revoked (regulation 20).\nThe Regulations make provision for a head teacher to delegate his functions under them generally to a qualified teacher, or in a particular case to the staff member who teaches the child (regulation 3).\nThe Regulations provide that local education authorities in making an assessment of a child’s special educational needs must seek advice from the child’s parent, educational advice, medical advice, psychological advice, advice from the social services authority and any other advice which they consider appropriate for the purpose of arriving at a satisfactory assessment (regulation 6). If such advice has been obtained on making a previous assessment within the last 12 months and certain persons are satisfied that it is sufficient, it is not necessary to obtain new advice (regulation 6(5)). Detailed provision is made as to the persons from whom educational, medical and psychological advice must be sought (regulations 7 to 9). It is provided that in making an assessment an authority shall take into consideration representations from the parent, evidence submitted by the parent, and the advice which has been obtained (regulation 10).\nThe Regulations prescribe the form and content of a notice to be served on a parent with a draft statement of special educational needs, and of a statement of special educational needs (regulations 12 and 13 and Part A and B of the Schedule respectively).\nThe Regulations also supplement the procedural framework for making an assessment and a statement contained in Part III of the Education Act 1993 and Schedules 9 and 10 thereto. Detailed provision is made for the service of documents by post (regulation 4). They require copies of notices of a local education authority’s proposal to make an assessment, their decision to make an assessment or notices of a parent’s request for an assessment to be made, to be served on the social services authority, the district health authority and the head teacher of the child’s school (regulation 5). Subject to exceptions, they require local education authorities to carry out various steps in making an assessment or a statement within prescribed time limits (regulations 11 and 14 respectively).\nDetailed provision is made as to how a review of a statement by a local education authority under section 172 of the Education Act 1993 is to be carried out (regulations 15 to 17). In particular it is provided that where a child attends school where the review is the first review after he has attained the age of 14 the head teacher of his school will obtain advice, the local education authority will chair a meeting, and the authority will prepare a transition plan (regulation 16). In the case of any other review where a child attends school the head teacher of his school will obtain advice, he will chair a meeting sand report to the local education authority (regulation 15). Where a child does not attend school provision is made for the local authority to obtain advice, to chair a meeting, and where the review is the first after he attains the age of 14, to preparea transition plan (regulation 17).\nThe Regulations provide for the transfer of a statement from one local education authority to another (regulation 18).\nThe duties of the transferor are transferred to the transferee, and within six weeks of the transfer the transferee must serve a notice on the parent informing him of the transfer, whether they propose to make an assessment, and when they propose –to review the statement (regulation 18(2) and (3)). It is provided that where it would not be practicable to require the transferee to arrange for the child’s attendance at a school specified in the statement they need not do so, but can arrangefor attendance at anoter school until it is possible to amend the statement (regulation 18(5)).\nThere are restrictions on the disclosure of statements and steps are to be taken to avoid unauthorised persons having access to them (regulation 19).\nDetailed provision is made from the transition from the regime imposed by the 1983 Regulations to the regime imposed by these Regulations (regulation 21). In particular if an assessment has been commenced before 1st September 1994 the local education authority may continue to make the assessment under the 1983 Regulations, and may make any statement following the assessment under them as well (regulation 21(2) and (7)). These Regulations, and the time limits they impose, will not apply. However if the assessment is not complete before 1st January 1995 these Regulations will apply to the assessment as if it had been commenced under them on that date (regulation 21(3)).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1994/1047/note",
    "retrieved_at": "2026-10-29T13:34:43.597028+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}