# The Education (Special Educational Needs) Regulations 1994, Regulation 19: Restriction on disclosure of statements


(1) Subject to the provisions of the Act and of these Regulations, a statement in respect of a child shall notbe disclosed without the parent’s consent except—
(a) to persons to whom, in the opinion of the authority concerned, the statement should be disclosed in the interests ofthe child;
(b) for the purposes of any appeal under the Act;
(c) for the purposes of educational research which, in the opinion of the authority, may advance the education of children with special educational needs, if, but only if, the person engaged in that research undertakes not to publish anything contained in, or derived from, a statement otherwise than in a form which does not identify any individual concernedincluding, in particular, the child concerned and his parent;
(d) on the order of any court or for the purposes of any criminal proceedings;
(e) for the purposes of any investigation under Part III of the Local Government Act 1974 (investigation of maladministration);
(f) to the Secretary of State when he requests such disclosure for the purposes of deciding whether to give directions or make an order under section 68 or 99 of the Education Act 1944;
(g) for the purposes of an assessment of the needs of the child with respect to the provision of any statutory services for him being carried out by officers of a social services authority by virtue of arrangements made under section 5(5) of the Disabled Persons (Services, Consultation and Representation) Act 1986;
(h) for the purposes of a local authority in the performance of their duties under sections 22(3)(a), 85(4)(a), 86(3)(a) and 87(3) of the Children Act 1989; or
(i) to one of Her Majesty’s Inspectors of Schools, or to a registered inspector or a member of an inspection team, who requests the right to inspect or take copies of a statement in accordance with section 3(3) of or paragraph 7 of Schedule 2 to the Education (Schools) Act 1992respectively.
(2) The arrangements for keeping such statements shall be such as to ensure, so far as is reasonably practicable, that unauthorised persons do not have access to them.
(3) In this regulation any reference to a statement includes a reference to any representations, evidence, advice or information which is set out in the appendices to a statement.

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Source: https://www.legislation.gov.uk/uksi/1994/1047/regulation/19 (the official version)
Page: https://openlegislation.uk/education-special-educational-needs-regulations-1994/regulation-19
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.