OpenLegislation

Special Educational Needs and Disability Act 2001 in Northern Ireland

2001 c. 10 · Enacted 11 May 2001 · Extends to United Kingdom

Not fully up to date. 6 changes made by later legislation have not yet been written into this text, which is revised to 1 September 2021.

See the changes not yet applied
ProvisionChangeMade by
Sch. 8 para. 13omittedAdditional Learning Needs and Education Tribunal (Wales) Act 2018 Sch. 1 para. 6(c)(ii)
Sch. 8 para. 14omittedAdditional Learning Needs and Education Tribunal (Wales) Act 2018 Sch. 1 para. 6(c)(ii)
Sch. 8 para. 15(3)omittedAdditional Learning Needs and Education Tribunal (Wales) Act 2018 Sch. 1 para. 6(c)(ii)
Pt. 1repealedAdditional Learning Needs and Education Tribunal (Wales) Act 2018 Sch. 1 para. 6(c)(i)
Sch. 8 para. 3omittedAdditional Learning Needs and Education Tribunal (Wales) Act 2018 Sch. 1 para. 6(c)(ii)
Sch. 8 para. 6-11omittedAdditional Learning Needs and Education Tribunal (Wales) Act 2018 Sch. 1 para. 6(c)(ii)

An Act to amend Part 4 of the Education Act 1996; to make further provision against discrimination, on grounds of disability, in schools and other educational establishments; and for connected purposes.

[11th May 2001]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. Part 1: SPECIAL EDUCATIONAL NEEDS
  2. Mainstream education
  3. 1Education in mainstream schools of children with special educational needs
  4. General duties of local education authorities
  5. 2Advice and information for parents Repealed
  6. 3Resolution of disputes Repealed
  7. 4Compliance with orders
  8. Appeals
  9. 5Unopposed appeals
  10. 6Maintenance of statement during appeal
  11. Identification and assessment of educational needs
  12. 7Duty to inform parent where special educational provision made
  13. 8Review or assessment of educational needs at request of responsible body
  14. 9Duty to specify named school
  15. Amendment of statement of special educational needs
  16. 10Amendment of statement of special educational needs
  17. Chapter 1: SCHOOLS
  18. Duties of responsible bodies
  19. 11Discrimination against disabled pupils and prospective pupils Repealed
  20. 12Meaning of “discrimination” Repealed
  21. 13Disabled pupils not to be substantially disadvantaged Repealed
  22. 14Accessibility strategies and plans Repealed
  23. 15Accessibility strategies and plans: procedure Repealed
  24. 16Residual duty of education authorities Repealed
  25. Enforcement
  26. 17Special Educational Needs and Disability Tribunal Repealed
  27. 18Jurisdiction and powers of the Tribunal Repealed
  28. 19Procedure Repealed
  29. 20Admissions Repealed
  30. 21Exclusions Repealed
  31. 22Roles of the Secretary of State and the National Assembly Repealed
  32. 23Enforcement procedure: Scotland Repealed
  33. 24Validity and revision of agreements of responsible bodies Repealed
  34. 25Interpretation Repealed
  35. Chapter 2: FURTHER AND HIGHER EDUCATION
  36. Duties of responsible bodies
  37. 26Discrimination against disabled students and prospective students Repealed
  38. 27Meaning of “discrimination” Repealed
  39. 28Disabled students not to be substantially disadvantaged Repealed
  40. 29Further education etc. provided by local education authorities and schools Repealed
  41. Enforcement
  42. 30Right of redress Repealed
  43. 31Occupation of premises by educational institutions Repealed
  44. 32Validity and revision of agreements Repealed
  45. 33Interpretation Repealed
  46. 34Removal of certain duties of funding bodies
  47. Chapter 3: MISCELLANEOUS
  48. 35Extension of role of Disability Rights Commission Repealed
  49. 36Codes of practice Repealed
  50. 37Conciliation for disputes under Part 4 of the 1995 Act Repealed
  51. 38Relationship with other Parts of the 1995 Act Repealed
  52. 39Application to the Isles of Scilly Repealed
  53. 40Duty of Teacher Training Agency Repealed
  54. 41Expenses of Secretary of State
  55. 43Short title, interpretation, commencement and extent
  56. Schedule 1: AMENDMENT TO STATEMENT OF SPECIAL EDUCATIONAL NEEDS
  57. Part 1: PROCEDURE FOR MAKING AMENDMENT TO STATEMENT OF SPECIAL EDUCATIONAL NEEDS
  58. Part 2: APPEALS AGAINST AMENDMENTS TO STATEMENT OF SPECIAL EDUCATIONAL NEEDS
  59. ...Paragraph ... Repealed
  60. ...Paragraph ... Repealed
  61. 1Paragraph 1 Repealed
  62. 2Paragraph 2 Repealed
  63. 3Paragraph 3 Repealed
  64. 4Paragraph 4 Repealed
  65. 5Paragraph 5 Repealed
  66. 6Paragraph 6 Repealed
  67. 7Paragraph 7 Repealed
  68. 8Paragraph 8 Repealed
  69. 9Paragraph 9 Repealed
  70. 1Paragraph 1
  71. 3Paragraph 3
  72. 4Paragraph 4
  73. 5Annual reports Repealed
  74. 6Contents and service of notices
  75. 7Paragraph 7
  76. 8Paragraph 8
  77. 9Paragraph 9
  78. 10Paragraph 10
  79. 11Proposals to make an assessment
  80. 13Procedure regulations
  81. 14Time limits with respect to assessments
  82. 15School attendance orders: amendment of statement of special educational needs
  83. Part 2: OTHER ENACTMENTS
  84. 16The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
  85. 17Paragraph 17
  86. 18Paragraph 18
  87. 19The Tribunals and Inquiries Act 1992 (c. 53)
  88. 20Paragraph 20
  89. 21Paragraph 21
  90. 22Paragraph 22
  91. 23The School Standards and Framework Act 1998 (c. 31)

1Education in mainstream schools of children with special educational needsI1

In the Education Act 1996 (“the 1996 Act”), for section 316 substitute—

“ Duty to educate children with special educational needs in mainstream schools

316
(1)

This section applies to a child with special educational needs who should be educated in a school.

(2)

If no statement is maintained under section 324 for the child, he must be educated in a mainstream school.

(3)

If a statement is maintained under section 324 for the child, he must be educated in a mainstream school unless that is incompatible with—

(a)

the wishes of his parent, or

(b)

the provision of efficient education for other children.

(4)

In this section and section 316A “mainstream school” means any school other than—

(a)

a special school, or

(b)

an independent school which is not—

(i)

a city technology college,

(ii)

a city college for the technology of the arts, or

(iii)

a city academy.

Education otherwise than in mainstream schools

316A
(1)

Section 316 does not prevent a child from being educated in—

(a)

an independent school which is not a mainstream school, or

(b)

a school approved under section 342,

if the cost is met otherwise than by a local education authority.

(2)

Section 316(2) does not require a child to be educated in a mainstream school during any period in which—

(a)

he is admitted to a special school for the purposes of an assessment under section 323 of his educational needs and his admission to that school is with the agreement of—

(i)

the local education authority,

(ii)

the head teacher of the school or, if the school is in Wales, its governing body,

(iii)

his parent, and

(iv)

any person whose advice is to be sought in accordance with regulations made under paragraph 2 of Schedule 26;

(b)

he remains admitted to a special school, in prescribed circumstances, following an assessment under section 323 at that school;

(c)

he is admitted to a special school, following a change in his circumstances, with the agreement of—

(i)

the local education authority,

(ii)

the head teacher of the school or, if the school is in Wales, its governing body, and

(iii)

his parent;

(d)

he is admitted to a community or foundation special school which is established in a hospital.

(3)

Section 316 does not affect the operation of—

(a)

section 348, or

(b)

paragraph 3 of Schedule 27.

(4)

If a local education authority decide—

(a)

to make a statement for a child under section 324, but

(b)

not to name in the statement the school for which a parent has expressed a preference under paragraph 3 of Schedule 27,

they shall, in making the statement, comply with section 316(3).

(5)

A local education authority may, in relation to their mainstream schools taken as a whole, rely on the exception in section 316(3)(b) only if they show that there are no reasonable steps that they could take to prevent the incompatibility.

(6)

An authority in relation to a particular mainstream school may rely on the exception in section 316(3)(b) only if it shows that there are no reasonable steps that it or another authority in relation to the school could take to prevent the incompatibility.

(7)

The exception in section 316(3)(b) does not permit a governing body to fail to comply with the duty imposed by section 324(5)(b).

(8)

An authority must have regard to guidance about section 316 and this section issued—

(a)

for England, by the Secretary of State,

(b)

for Wales, by the National Assembly for Wales.

(9)

That guidance shall, in particular, relate to steps which may, or may not, be regarded as reasonable for the purposes of subsections (5) and (6).

(10)

“Prescribed”, in relation to Wales, means prescribed in regulations made by the National Assembly for Wales.

(11)

“Authority”—

(a)

in relation to a maintained school, means each of the following—

(i)

the local education authority,

(ii)

the school’s governing body, and

(b)

in relation to a maintained nursery school or a pupil referral unit, means the local educationn authority.”

2Advice and information for parentsF1I1

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3Resolution of disputesF1I1

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4Compliance with ordersI1

In the 1996 Act, insert the following section—

“ Compliance with orders

336A
(1)

If the Tribunal makes an order, the local education authority concerned must comply with the order before the end of the prescribed period beginning with the date on which it is made.

(2)

Regulations under this section, so far as they relate to Wales, require the agreement of the National Assembly for Wales.”

5Unopposed appealsI1

In the 1996 Act, insert the following section—

“ Unopposed appeals

326A
(1)

This section applies if—

(a)

the parent of a child has appealed to the Tribunal under section 325, 328, 329 or 329A or paragraph 8(3) of Schedule 27 against a decision of a local education authority, and

(b)

the authority notifies the Tribunal that they have determined that they will not, or will no longer, oppose the appeal.

(2)

The appeal is to be treated as having been determined in favour of the appellant.

(3)

If an appeal is treated as determined in favour of the appellant as a result of subsection (2), the Tribunal is not required to make any order.

(4)

Before the end of the prescribed period, the authority must—

(a)

in the case of an appeal under section 325, make a statement under section 324 of the child’s educational needs,

(b)

in the case of an appeal under section 328, 329 or 329A, make an assessment of the child’s educational needs,

(c)

in the case of an appeal under paragraph 8(3) of Schedule 27 against a determination of the authority not to comply with the parent’s request, comply with the request.

(5)

An authority required by subsection (4)(a) to make a statement under section 324 must maintain the statement under that section.

(6)

Regulations under this section, so far as they relate to Wales, require the agreement of the National Assembly for Wales.”

6Maintenance of statement during appealI1

In paragraph 11 of Schedule 27 to the 1996 Act (circumstances in which a local education authority may cease to maintain a statement), after sub-paragraph (4) insert—

“(5)

A local education authority may not, under this paragraph, cease to maintain a statement if—

(a)

the parent of the child has appealed under this paragraph against the authority’s determination to cease to maintain the statement, and

(b)

the appeal has not been determined by the Tribunal or withdrawn.”

7Duty to inform parent where special educational provision madeI1

(1)

In the 1996 Act, insert the following section—

“ Duty to inform parent where special educational provision made

317A
(1)

This section applies if—

(a)

a child for whom no statement is maintained under section 324 is a registered pupil at—

(i)

a community, foundation or voluntary school, or

(ii)

a pupil referral unit,

(b)

special educational provision is made for him at the school because it is considered that he has special educational needs, and

(c)

his parent has not previously been informed under this section of special educational provision made for him at the school.

(2)

If the school is a pupil referral unit, the local education authority must secure that the head teacher informs the child’s parent that special educational provision is being made for him at the school because it is considered that he has special educational needs.

(3)

In any other case, the governing body must inform the child’s parent that special educational provision is being made for him there because it is considered that he has special educational needs.”

(2)

After subsection (3) of section 123 of the School Standards and Framework Act 1998 (c. 31) (provision for children with special educational needs), insert—

“(3A)

Subsection (3B) applies if—

(a)

a local education authority or other person providing relevant nursery education for a child makes special educational provision for him because it is considered that he has special educational needs;

(b)

no statement under section 324 of the Education Act 1996 is maintained for the child; and

(c)

his parent has not previously been informed under subsection (3B) of the special educational provision made for him.

(3B)

The local education authority or other person concerned must inform the child’s parent that special educational provision is being made for him because it is considered that he has special educational needs.”

8Review or assessment of educational needs at request of responsible bodyI1

In the 1996 Act, insert the following section—

“ Review or assessment of educational needs at request of responsible body

329A
(1)

This section applies if—

(a)

a child is a registered pupil at a relevant school (whether or not he is a child in respect of whom a statement is maintained under section 324),

(b)

the responsible body asks the local education authority to arrange for an assessment to be made in respect of him under section 323, and

(c)

no such assessment has been made within the period of six months ending with the date on which the request is made.

(2)

If it is necessary for the authority to make an assessment or further assessment under section 323, they must comply with the request.

(3)

Before deciding whether to comply with the request, the authority must serve on the child’s parent a notice informing him—

(a)

that they are considering whether to make an assessment of the child’s educational needs,

(b)

of the procedure to be followed in making the assessment,

(c)

of the name of their officer from whom further information may be obtained, and

(d)

of the parent’s right to make representations, and submit written evidence, to them before the end of the period specified in the notice (“the specified period”).

(4)

The specified period must not be less than 29 days beginning with the date on which the notice is served.

(5)

The authority may not decide whether to comply with the request until the specified period has expired.

(6)

The authority must take into account any representations made, and any evidence submitted, to them in response to the notice.

(7)

If, as a result of this section, a local education authority decide to make an assessment under section 323, they must give written notice to the child’s parent and to the responsible body which made the request, of the decision and of their reasons for making it.

(8)

If, after serving a notice under subsection (3), the authority decide not to assess the educational needs of the child—

(a)

they must give written notice of the decision and of their reasons for making it to his parent and to the responsible body which made the request, and

(b)

the parent may appeal to the Tribunal against the decision.

(9)

A notice given under subsection (8)(a) to the child’s parent must—

(a)

inform the parent of his right to appeal, and

(b)

contain such other information (if any) as may be prescribed.

(10)

On an appeal under subsection (8) the Tribunal may—

(a)

dismiss it, or

(b)

order the authority to arrange for an assessment to be made in respect of the child under section 323.

(11)

This section applies to a child for whom relevant nursery education is provided as it applies to a child who is a registered pupil at a relevant school.

(12)

“Relevant school” means—

(a)

a maintained school,

(b)

a maintained nursery school,

(c)

a pupil referral unit,

(d)

an independent school,

(e)

a school approved under section 342.

(13)

“The responsible body” means—

(a)

in relation to a maintained nursery school or a pupil referral unit, the head teacher,

(b)

in relation to any other relevant school, the proprietor or head teacher, and

(c)

in relation to a provider of relevant nursery education, the person or body of persons responsible for the management of the provision of that nursery education.

(14)

“Relevant nursery education” has the same meaning as in section 123 of the School Standards and Framework Act 1998, except that it does not include nursery education provided by a local education authority at a maintained nursery school.

(15)

“Prescribed”, in relation to Wales, means prescribed in regulations made by the National Assembly for Wales.”

9Duty to specify named schoolI1

In section 324 of the 1996 Act (statement of special educational needs), after subsection (4) insert—

“(4A)

Subsection (4)(b) does not require the name of a school or institution to be specified if the child’s parent has made suitable arrangements for the special educational provision specified in the statement to be made for the child.”

10Amendment of statement of special educational needsI1

Schedule 1 makes further provision concerning the rights of parents and others where a statement of special educational needs is amended.

11Discrimination against disabled pupils and prospective pupilsF1

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12Meaning of “discrimination”F1

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13Disabled pupils not to be substantially disadvantagedF1

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14Accessibility strategies and plansF1

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15Accessibility strategies and plans: procedureF1

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16Residual duty of education authoritiesF1

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17Special Educational Needs and Disability TribunalF1

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18Jurisdiction and powers of the TribunalF1

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19ProcedureF1

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20AdmissionsF1

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21ExclusionsF1

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22Roles of the Secretary of State and the National AssemblyF1

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23Enforcement procedure: ScotlandF1

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24Validity and revision of agreements of responsible bodiesF1

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25InterpretationF1

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26Discrimination against disabled students and prospective studentsF1

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27Meaning of “discrimination”F1

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28Disabled students not to be substantially disadvantagedF1

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29Further education etc. provided by local education authorities and schoolsF1

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30Right of redressF1

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31Occupation of premises by educational institutionsF1

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32Validity and revision of agreementsF1

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33InterpretationF1

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34Removal of certain duties of funding bodies

(1)

In section 65 of the Further and Higher Education Act 1992 (c. 13) (administration of funds by higher education funding councils), omit subsections (4A) and (4B).

(2)

In section 40 of the Further and Higher Education (Scotland) Act 1992 (c. 37), omit subsections (5) and (6).

(3)

Section 528 of the 1996 Act ceases to have effect.

F1(4)

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(5)

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(6)

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(7)

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(8)

In section 35 of that Act (conditions imposed on financial resources in Wales), omit subsections (4) and (6).

35Extension of role of Disability Rights CommissionF1

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36Codes of practiceF1I1

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37Conciliation for disputes under Part 4 of the 1995 ActF1

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38Relationship with other Parts of the 1995 ActF1

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39Application to the Isles of ScillyF1

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40Duty of Teacher Training AgencyF1

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41Expenses of Secretary of StateI1

There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums so payable under any other enactment.

43Short title, interpretation, commencement and extent

(1)

This Act may be cited as the Special Educational Needs and Disability Act 2001.

(2)

In this Act—

  • “the 1995 Act” means the Disability Discrimination Act 1995 (c. 50); and

  • “the 1996 Act” means the Education Act 1996 (c. 56).

P1P2P3P4(3)

Except as provided in subsections (4) and (6), this Act (apart from this section) comes into force on such day as the Secretary of State may appoint by order.

(4)

The following provisions of this Act come into force on the day on which it is passed—

(a)

section 4,

(b)

section 5,

(c)

section 9,

(d)

section 42(2) to (4), and

(e)

paragraphs 6 to 10, 13(1) to (4) and 14(3) of Schedule 8 (and section 42(1) so far as relating to those provisions),

but only so far as is necessary for enabling the making of any regulations for which they provide.

(5)

Nothing in subsection (4) affects the operation of section 13 of the Interpretation Act 1978 (c. 30) in relation to this Act.

P5(6)

The following provisions come into force as respects Wales on such day as the National Assembly for Wales may appoint by order—

(a)

sections 1 to 3;

(b)

sections 7 and 8;

(c)

section 9 (so far as not brought into force by subsection (4));

(d)

sections 14 and 15;

(e)

section 22, so far as it gives the National Assembly for Wales power to give directions under section 28M(1) or (3) of the 1995 Act or makes provision in relation to such a direction;

(f)

subsections (1) and (6) of section 42 (but only in so far as they relate to the provisions mentioned in paragraphs (g) to (i));

(g)

in Part 1 of Schedule 8—

(i)

paragraphs 1, 5, 11 and 12; and

(ii)

paragraphs 6 to 10 and 14 (so far as not brought into force by subsection (4));

(h)

in Part 2 of that Schedule, paragraphs 16 to 18; and

(i)

in Schedule 9, the entries relating to—

(i)

the Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33); and

(ii)

section 325(1) of, and Schedule 27 to, the 1996 Act.

(7)

Different days may be appointed for different provisions and for different purposes.

(8)

An order under this section—

(a)

must be made by statutory instrument; and

(b)

may contain incidental, supplemental, consequential or transitional provisions and savings.

(9)

Subsection (10) applies to an order bringing any provision made by—

(a)

section 28, or

(b)

paragraph 2 or 6 of Schedule 5,

into force.

(10)

The order may, in particular, include provision for the duty imposed by section 28T(1) of the 1995 Act to have effect with such modifications as may be specified in the order for a period which ends—

(a)

on a date so specified; or

(b)

on the making by the Secretary of State of an order made by statutory instrument bringing the period to an end.

(11)

Amendments made by this Act to the 1996 Act have the same extent as that Act.

(12)

Parts 2 and 3 do not extend to Northern Ireland.

(13)

Nothing in this Act shall impose any charge on the people or on public funds, or vary the amount or incidence of or otherwise alter any such charge in any manner, or affect the assessment, levying, administration or application of any money raised by any such charge.

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1I1

The 1996 Act is amended as follows.

3

In section 333, for subsection (1) substitute—

“(1)

The Tribunal shall exercise the jurisdiction conferred on it by this Part.”

4

In paragraph 118(3) of Schedule 37, omit paragraph (d).

5Annual reportsF1I1

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6Contents and service of noticesI1

(1)

In section 325 (appeal against decision not to make a statement), in subsection (1), omit “, and of the effect of subsection (2) below,”.

(2)

After subsection (2) of that section insert—

“(2A)

A notice under subsection (1) must inform the parent of the right of appeal under subsection (2) and contain such other information as may be prescribed.

(2B)

Regulations may provide that where a local education authority are under a duty under this section to serve any notice, the duty must be performed within the prescribed period.”

7I1

(1)

In section 328 (reviews of educational needs), in subsection (3)(a), for the words from “notice” to “below” substitute “ notice in writing of that fact ”.

(2)

After subsection (3) of that section insert—

“(3A)

A notice under subsection (3)(a) must inform the parent of the right of appeal under subsection (3)(b) and contain such other information as may be prescribed.

(3B)

Regulations may provide that where a local education authority are under a duty under this section to serve any notice, the duty must be performed within the prescribed period.”

8I1

(1)

In section 329 (assessment of educational needs at request of child’s parent), in subsection (2)(a), for the words from “notice” to “below” substitute “ notice in writing of that fact ”.

(2)

After subsection (2) of that section insert—

“(2A)

A notice under subsection (2)(a) must inform the parent of the right of appeal under subsection (2)(b) and contain such other information as may be prescribed.”

9I1

(1)

In paragraph 8 of Schedule 27 (change of name of school), in sub-paragraph (3)(a), for the words from “notice” to “below” substitute “ notice in writing of that fact ”.

(2)

After sub-paragraph (3) of that paragraph insert—

“(3A)

A notice under sub-paragraph (3)(a) must inform the parent of the right of appeal under sub-paragraph (3)(b) and contain such other information as may be prescribed.”

10I1

(1)

In paragraph 11 of that Schedule (ceasing to maintain a statement), in sub-paragraph (2)(a), for the words from “notice” to “below” substitute “ notice in writing of that fact ”.

(2)

After sub-paragraph (2) of that paragraph insert—

“(2A)

A notice under sub-paragraph (2)(a) must inform the parent of the right of appeal under sub-paragraph (2)(b) and contain such other information as may be prescribed.”

11Proposals to make an assessmentI1

(1)

In section 323(1)(a) (assessment of special educational needs), for “propose” substitute “ are considering whether ”.

(2)

In paragraph 4(1) of Schedule 26 (making of assessments under section 323), for “propose” substitute “ are considering whether ”.

13Procedure regulationsI1

(1)

Section 336 is amended as follows.

(2)

In subsection (2)—

(a)

omit paragraph (d); and

(b)

in paragraph (g), for “discovery” substitute “ disclosure ”.

(3)

After subsection (2), insert—

“(2A)

Proceeding before the Tribunal shall be held in private, except in prescribed circumstances.”

(4)

In subsection (4), for “that Act” substitute “ that Part ”.

(5)

After that subsection, insert—

“(4A)

The regulations may make provision for an appeal under this Part to be heard, in prescribed circumstances, with a claim under Chapter 1 of Part 4 of the Disability Discrimination Act 1995.”

14Time limits with respect to assessmentsI1

(1)

Paragraph 3 of Schedule 26 (manner and timing of assessments under section 323) is amended as follows.

(2)

In sub-paragraph (2), for “paragraph 10” substitute “ paragraph 2A ”.

(3)

For sub-paragraphs (3) and (4) substitute—

“(3)

Regulations may provide—

(a)

that where a local education authority are under a duty under section 323, 329 or 329A to serve any notice, the duty must be performed within the prescribed period,

(b)

that where a local education authority have served a notice under section 323(1) or 329A(3) on a child’s parent, they must decide within the prescribed period whether or not to make an assessment of the child’s educational needs,

(c)

that where a request has been made to a local education authority under section 329(1), they must decide within the prescribed period whether or not to comply with the request, and

(d)

that where a local education authority are under a duty to make an assessment, the duty must be performed within the prescribed period.

(4)

Provision made under sub-paragraph (3)—

(a)

may be subject to prescribed exceptions, and

(b)

does not relieve the authority of the duty to serve a notice, or make a decision or assessment, which has not been served or made within the prescribed period.”

15School attendance orders: amendment of statement of special educational needsI1

(1)

Section 441 (amendment of statement on service of school attendance order) is amended as follows.

(2)

In subsection (3)(a), omit “in accordance with paragraph 10 of Schedule 27”.

(3)

After that subsection, insert—

“(3A)

An amendment to a statement required to be made under subsection (3)(a) shall be treated for the purposes of Schedule 27 as if it were an amendment proposed following a periodic review (within the meaning of that Schedule).”

16The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)I1

Section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.

17I1

In subsection (1) (requirement to obtain opinion of local authority officer as to whether child is a disabled person)—

(a)

in paragraph (a), omit “under the age of 14”; and

(b)

in paragraph (b)—

(i)

in sub-paragraph (i), for “the first annual review of the statement following the child’s fourteenth birthday” substitute “ a review of the statement prescribed for the purposes of this paragraph ”; and

(ii)

in sub-paragraph (ii), for “that birthday” substitute “ they have carried out the review prescribed for the purposes of sub-paragraph (i) ”.

18I1

In subsection (9) (interpretation), after the definition of “establishment of higher or further education” insert—

““prescribed” means prescribed in regulations made—

(a)

in relation to England, by the Secretary of State; and

(b)

in relation to Wales, by the National Assembly for Wales;”.

19The Tribunals and Inquiries Act 1992 (c. 53)

The Tribunals and Inquiries Act 1992 is amended as follows.

20

In section 11(1) (appeals from certain tribunals)—

(a)

for “15(a), (d) or (e)” substitute “ 15(a) or (d) ”; and

F1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

In paragraph 15 of Schedule 1 (bodies subject to the supervision of the Council) omit sub-paragraph (e).

22

After paragraph 40A of that Schedule, insert—

“

Special educational needs and disability discrimination.40B. The Special Educational Needs and Disability Tribunal.

”

23The School Standards and Framework Act 1998 (c. 31)

(1)

The School Standards and Framework Act 1998 is amended as follows.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

In paragraph 6 of Schedule 5 (duty of adjudicators to have regard to anti-discrimination duties of other bodies)—

(a)

omit “or”, at the end of sub-paragraph (a); and

(b)

after sub-paragraph (b), insert

“or

(c)

Chapter 1 of Part 4 of the Disability Discrimination Act 1995,”.

(4)

In Schedule 30 (minor and consequential amendments), omit paragraph 186(2)(b).