Explanatory note

This Order commences section 1 of the Special Educational Needs (Information) Act 1998 on 1st January 2009. That section inserts sections 332C to 332E into Part 4 of the Education Act 1996. Those provisions impose a duty on the Secretary of State to exercise relevant powers (as defined in section 332C(2)) with a view to securing the provision of information about children in England with special educational needs (“SEN”) which would, in his opinion, be likely to assist him or others in improving the well-being of such children; and to publish, or arrange to be published, certain information about children with SEN to assist him, or others, to improve their well-being. The Secretary of State has discretion as to the manner of publication, except that the information must be published on an anonymised basis.