# The Education (Special Educational Needs) Regulations 1994, Regulation 7: Educational advice


(1) The educational advice referred to in regulation 6(1)(b) shall, subject to paragraphs (2) to (5), be sought—
(a) from the head teacher of each school which the child is currently attending or which he has attended at any time withinthe preceding 18 months;
(b) if advice cannot be obtained from a head teacher of a school which the child is currently attending (because the child is not attending a school or otherwise) from a person who the authority are satisfied has experience of teaching children with special educational needs or knowledge of the differing provision which may be called for in different cases to meet thoseneeds;
(c) if the child is not currently attending a school and if advice obtained under subparagraph (b) is not advice from sucha person, from a person responsible for educational provision for him; and
(d) if any of the child’s parents is a serving member of Her Majesty’s armed forces, from the Service Children’s Education Authority.
(2) The advice sought as provided in paragraph (1) shall not be sought from any person who is not a qualified teacher within the meaning of section 218 of the Education Reform Act 1988.
(3) The advice sought from a head teacher as provided in paragraph (1)(a) shall, if the head teacher has not himself taught the child within the preceding 18 months, be advice given after consultation with a teacher who has so taught the child.
(4) The advice sought from a head teacher as provided in paragraph (1)(a) shall include advice relating to the steps which have been taken by the school to identify and assess the special educational needs of the child and to make provisionfor the purpose of meeting those needs.
(5) Where it appears to the authority, in consequence of medical advice or otherwise, that the child in question is—
(a) hearing impaired, or
(b) visually impaired, or
(c) both hearing impaired and visually impaired,
and any person from whom advice is sought as provided in paragraph (1) is not qualified to teach pupils who are soimpaired then the advice sought shall be advice given after consultation with a person who is so qualified.
(6) For the purposes of paragraph (5) a person shall be considered to be qualified to teach pupils who are hearing impaired or visually impaired or who are both hearing impaired and visually impaired if he is qualified to be employed at a school as a teacher of a class for pupils who are so impaired otherwise than to give instruction in a craft, trade, or domesticsubject.
(7) Paragraphs (3) and (5) are without prejudice to regulation 6(3).

---
Source: https://www.legislation.gov.uk/uksi/1994/1047/regulation/7 (the official version)
Page: https://openlegislation.uk/education-special-educational-needs-regulations-1994/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.