# The Education (Special Educational Needs) Regulations 1994, Regulation 15: Review of statement where child not aged 14 attends school


(1) This regulation applies where—
(a) an authority review a statement under section 172(5) other than on the making of an assessment,
(b) the child concerned attends a school, and
(c) regulation 16 does not apply.
(2) The authority shall by notice in writing require the head teacher of the child’s school to submit a report to them under this regulation by a specified date not less than two months from the date the notice is given and shall send a copyof the notice to the child’s parent.
(3) The head teacher shall for the purpose of preparing the report referred to in paragraph (2) seek advice as to thematters referred to in paagraph (4) from—
(a) the child’s parent;
(b) any person whose advice the authority consider appropriate for the purpose of arriving at a satisfactory report andwhom they specify in the notice referred to in paragraph (2), and
(c) any person whose advice the head teacher considers appropriate for the purpose of arriving at a satisfactory report.
(4) The advice referred to in paragraph (3) shall be written advice as to—
(a) the child’s progress towards meeting the objectives specified in the statement;
(b) the child’s progress towards attaining any targets established in furtherance of the objectives specified in the statement;
(c) where the school is not established in a hospital and is a maintained, grant-maintained or grant-maintained special school, the application of the provisions of the National Curriculum to the child;
(d) where the school is not established in a hospital and is a maintained, grant-maintained or grant-maintained special school, the application of any provisions substituted for the provisions of the National Curriculum in order to maintain a balanced and broadly based curriculum;
(e) where appropriate, and in any case where a transition plan exists, any matters which are the appropriate subject of such a plan;
(f) whether the statement continues to be appropriate;
(g) any amendments to the statement which would be appropriate; and
(h) whether the authority should cease to maintain the statement.
(5) The notice referred to in paragraph (2) shall require the head teacher to invite the following persons to attenda meeting to be held on a date before the report referred to in that paragraph is submitted—
(a) the representative of the authority specified in the notice,
(b) the child’s parent,
(c) a member or members of the staff of the school who teach the child or who are otherwise responsible for theprovision of education for the child whose attendance the head teacher considers appropriate,
(d) any other person whose attendance the head teacher considers appropriate, and
(e) any person whose attendance the authority consider appropriate and who is specified in the notice.
(6) The head teacher shall not later than two weeks before the date on which a meeting referred to in paragraph (5) is to be held send to all the persons invited to that meeting copies of the advice he has received pursuant to his request under paragraph (3) and by written notice accompanying the copies shall request the recipients to submit to him before orat the meeting written comments on that advice and any other advice which they think appropriate.
(7) The meeting referred to in paragraph (5) shall consider—
(a) the matters referred to in paragraph (4); and
(b) any significant changes in the child’s circumstances since the date on which the statement was made or last reviewed.
(8) The meeting shall recommend—
(a) any steps which it concludes ought to be taken, including whether the authority should amend or cease to maintain the statement,
(b) any targets to be established in furtherance of the objectives specified in the statement which it concludes the child ought to meet during the period until the next review, and
(c) where a transition plan exists, the matters which it concludes ought to be included in that plan. d
(9) If the meeting cannot agree the recommendations to be made under paragraph (8) the persons who attended the meeting shall make differing recommendations as appears necessary to each of them.
(10) The report to be submitted under paragraph (2) shall be completed after the meeting is held and shall include the head teacher’s assessment of the matters referred to in paragraph (7) and his recommendations as to the matters referred to in paragraph (8), and shall refer to any difference between his assessment and recommendations and those of the meeting.
(11) When the head teacher submits his report to the authority under paragraph (2) he shall at the same time sendcopies to—
(a) the child’s parent,
(b) the persons from whom the head teacher sought advice under paragraph (3),
(c) the persons who were invited to attend the meeting in accordance with paragraph (5),
(d) any other person to whom the authority consider it appropriate that a copy be sent and to whom they direct him to send a copy, and
(e) any other person to whom the head teacher considers it appropriate that a copy be sent.
(12) The authority shall review the statement under section 172(5) in light of the report and any other information or advice which they consider relevant, shall make written recommendations as to the matters referred to in paragraph (8)(a) and (b) and, where a transition plan exists, shall amend the plan as they consider appropriate.
(13) The authority shall within one week of completing the review under section 172(5) send copies of the recommendations and any transition plan referred to in paragraph (12) to—
(a) the child’s parent;
(b) the head teacher;
(c) the persons from whom the head teacher sought advice under paragraph (3);
(d) the persons who were invited to attend the meeting in accordance with paragraph (5), and
(e) any other person to whom the authority consider it appropriate that a copy be sent.

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Source: https://www.legislation.gov.uk/uksi/1994/1047/regulation/15 (the official version)
Page: https://openlegislation.uk/education-special-educational-needs-regulations-1994/regulation-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.