# The Education (Special Educational Needs) Regulations 1994, Regulation 16: Review of statement where child 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) the review is the first review commenced after the child has attained the age of 14 years.
(2) The authority shall for the purpose of preparing a report under this regulation by notice in writing require the head teacher of the child’s school to seek the advice referred to in regulation 15(4), including in all cases advice as to the matters referred to in regulation 15(4)(e), from—
(a) the child’s parent,
(b) any person whose advice the authority consider appropriate for the purpose of arriving at a satisfactory report and whom they specify in the notice referred to above, and
(c) any person whose advice the head teacher considers appropriate for the purpose of arriving at a satisfactory report.
(3) The authority shall invite the following persons to attend a meeting to be held on a date before the review referred to in paragraph (1) is required to be completed—
(a) the child’s parent;
(b) a member or members of the staff of the school who teach the child or who are otherwise responsible for the provision of education for the child whose attendance the head teacher considers appropriate and whom he has asked the authority to invite;
(c) a representative of the social services authority;
(d) a person providing careers services under sections 8 to 10 of the Employment and Training Act 1973;
(e) any person whose attendance the head teacher considers appropriate and whom he has asked the authority to invite;and
(f) any person whose attendance the authority consider appropriate.
(4) The head teacher shall not later than two weeks before the date on which the meeting referred to in paragraph (3) is to be held serve on all the persons invited to attend that meeting copies of the advice he has received pursuant to his request under paragraph (2) and shall by written notice request the recipients to submit to him before or at the meetingwritten comments on that advice and any other advice which they think appropriate.
(5) A representative of the authority shall attend the meeting.
(6) The meeting shall consider the matters referred to in regulation 15(7), in all cases including the matters referred to in regulation 15(4)(e), and shall make recommendations in accordance with regulation 15(8) and (9), in all cases includingrecommendations as to the matters referred to in regulation 15(8)(c).
(7) The report to be prepared by the authority under paragraph (2) shall be completed after the meeting, shall Ucontain the authority’s assessment of the matters required to be considered by the meeting and their recommendations as to the matters required to be recommended by it and shall refer to any difference between their assessment and recommendations and those of the meeting.
(8) The authority shall within one week of the date on which the meeting was held send copies of the reportcompleted under paragraph (7) to—
(a) the child’s parent;
(b) the head teacher;
(c) the persons fro whom the head teacher sought advice under paragraph (2);
(d) the persons who were invited to attend the meeting under paragraph (3); and
(e) any person to whom they consider it appropriate to send a copy.
(9) The authority shall review the statement under section 172(5) in light of the report and any other information or advice which it considers relevant, shall make written recommendations as to the matters referred to in regulation 15(8)(a)and (b), and shall prepare a transition plan.
(10) The authority shall within one week of completing the review under section 172(5) send copies of the recommendations and the transition plan referred to in paragraph (9) to the persons referred to in paragraph (8).

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Source: https://www.legislation.gov.uk/uksi/1994/1047/regulation/16 (the official version)
Page: https://openlegislation.uk/education-special-educational-needs-regulations-1994/regulation-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

