Office of Public Sector Information
(1) For the purposes of the Education Acts, a child has “special educational needs” if he has a learning difficulty which calls for special educational provision to be made for him.
(2) For the purposes of this Act, subject to subsection (3) below, a child has a “learning difficulty” if—
(a) he has a significantly greater difficulty in learning than the majority of children of his age,
(b) he has a disability which either prevents or hinders him from making use of educational facilities of a kind generally provided for children of his age in schools within the area of the local education authority, or
(c) he is under the age of five years and is, or would be if special educational provision were not made for him, likely to fall within paragraph (a) or (b) when over that age.
(3) A child is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.
(4) In the Education Acts, “special educational provision” means—
(a) in relation to a child who has attained the age of two years, educational provision which is additional to, or otherwise different from, the educational provision made generally for children of his age in schools maintained by the local education authority (other than special schools) or grant-maintained schools in their area, and
(b) in relation to a child under that age, educational provision of any kind.
(5) In this Part of this Act, “child” includes any person who has not attained the age of nineteen years and is a registered pupil at a school.
(1) The Secretary of State shall issue, and may from time to time revise, a code of practice giving practical guidance in respect of the discharge by local education authorities and the governing bodies of maintained or grant-maintained schools, or grant-maintained special schools, of their functions under this Part of this Act.
(2) It shall be the duty of—
(a) local education authorities, and such governing bodies, exercising functions under this Part of this Act, and
(b) any other person exercising any function for the purpose of the discharge by local education authorities, and such governing bodies, of functions under this Part of this Act,
to have regard to the provisions of the code.
(3) On any appeal, the Tribunal shall have regard to any provision of the code which appears to the Tribunal to be relevant to any question arising on the appeal.
(4) The Secretary of State shall publish the code as for the time being in force.
(1) Where the Secretary of State proposes to issue or revise a code of practice, he shall prepare a draft of the code (or revised code).
(2) The Secretary of State shall consult such persons about the draft as he thinks fit and shall consider any representations made by them.
(3) If he determines to proceed with the draft (either in its original form or with such modifications as he thinks fit) he shall lay it before both Houses of Parliament.
(4) If the draft is approved by resolution of each House, the Secretary of State shall issue the code in the form of the draft and the code shall come into effect on such day as the Secretary of State may by order appoint.
A local education authority shall keep under review the arrangements made by them for special educational provision and, in doing so, shall, to the extent that it appears necessary or desirable for the purpose of co-ordinating provision for children with special educational needs, consult the funding authority and the governing bodies of county, voluntary, maintained special and grant-maintained schools in their area.
(1) Any person exercising any functions under this Part of this Act in respect of a child with special educational needs who should be educated in a school shall secure that, if the conditions mentioned in subsection (2) below are satisfied, the child is educated in a school which is not a special school unless that is incompatible with the wishes of his parent.
(2) The conditions are that educating the child in a school which is not a special school is compatible with—
(a) his receiving the special educational provision which his learning difficulty calls for,
(b) the provision of efficient education for the children with whom he will be educated, and
(c) the efficient use of resources.
(1) The governing body, in the case of a county, voluntary or grant-maintained school, and the local education authority, in the case of a maintained nursery school, shall—
(a) use their best endeavours, in exercising their functions in relation to the school, to secure that if any registered pupil has special educational needs the special educational provision which his learning difficulty calls for is made,
(b) secure that, where the responsible person has been informed by the local education authority that a registered pupil has special educational needs, those needs are made known to all who are likely to teach him, and
(c) secure that the teachers in the school are aware of the importance of identifying, and providing for, those registered pupils who have special educational needs.
(2) In subsection (1)(b) above, “the responsible person” means—
(a) in the case of a county, voluntary or grant-maintained school, the head teacher or the appropriate governor (that is, the chairman of the governing body or, where the governing body have designated another governor for the purposes of this paragraph, that other governor), and
(b) in the case of a nursery school, the head teacher.
(3) To the extent that it appears necessary or desirable for the purpose of co-ordinating provision for children with special educational needs—
(a) the governing bodies of county, voluntary and grant-maintained schools shall, in exercising functions relating to the provision for such children, consult the local education authority, the funding authority and the governing bodies of other such schools, and
(b) in relation to maintained nursery schools, the local education authority shall, in exercising those functions, consult the funding authority and the governing bodies of county, voluntary and grant-maintained schools.
(4) Where a child who has special educational needs is being educated in a county, voluntary or grant-maintained school or a maintained nursery school, those concerned with making special educational provision for the child shall secure, so far as is reasonably practicable and is compatible with—
(a) the child receiving the special educational provision which his learning difficulty calls for,
(b) the provision of efficient education for the children with whom he will be educated, and
(c) the efficient use of resources,
that the child engages in the activities of the school together with children who do not have special educational needs.
(5) The annual report for each county, voluntary, maintained special or grant-maintained school shall include a report containing such information as may be prescribed about the implementation of the governing body’s policy for pupils with special educational needs; and in this subsection “annual report” means the report prepared under the articles of government for the school in accordance with section 30 of the [1986 c. 61.] Education (No. 2) Act 1986 or, as the case may be, paragraph 8 of Schedule 6 to this Act.
(1) A local education authority may for the purpose only of assisting—
(a) the governing bodies of county, voluntary or grant-maintained schools in their or any other area in the performance of the governing bodies' duties under section 161(1)(a) of this Act, or
(b) the governing bodies of maintained or grant-maintained special schools in their or any other area in the performance of the governing bodies' duties,
supply goods or services to them.
(2) The terms on which goods or services are supplied by local education authorities to the governing bodies of grant-maintained schools or grant-maintained special schools, or to the governing bodies of county, voluntary or maintained special schools in any other area, under this section may, in such circumstances as may be prescribed, include such terms as to payment as may be prescribed.
(3) This section is without prejudice to the generality of any other power of local education authorities to supply goods or services.
(1) Where a local education authority are satisfied that it would be inappropriate for the special educational provision (or any part of the special educational provision) which a learning difficulty of a child in their area calls for to be made in a school, they may arrange for the provision (or, as the case may be, for that part of it) to be made otherwise than in a school.
(2) Before making an arrangement under this section, a local education authority shall consult the child’s parent.
(1) A local education authority may make such arrangements as they think fit to enable a child for whom they maintain a statement under section 168 of this Act to attend an institution outside England and Wales which specialises in providing for children with special needs.
(2) In subsection (1) above, “children with special needs” means children who have particular needs which would be special educational needs if those children were in England and Wales.
(3) Where a local education authority make arrangements under this section in respect of a child, those arrangements may in particular include contributing to or paying—
(a) fees charged by the institution,
(b) expenses reasonably incurred in maintaining him while he is at the institution or travelling to or from it,
(c) his travelling expenses, and
(d) expenses reasonably incurred by any person accompanying him while he is travelling or staying at the institution.
(4) This section is without prejudice to any other powers of a local education authority.
(1) A local education authority shall exercise their powers with a view to securing that, of the children for whom they are responsible, they identify those to whom subsection (2) below applies.
(2) This subsection applies to a child if—
(a) he has special educational needs, and
(b) it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.
(3) For the purposes of this Part of this Act, a local education authority are responsible for a child if he is in their area and—
(a) he is a registered pupil at a maintained, grant-maintained or grant-maintained special school,
(b) education is provided for him at a school which is not a maintained, grant-maintained or grant-maintained special school at the expense of the authority or the funding authority,
(c) he does not come within paragraph (a) or (b) above but is a registered pupil at a school and has been brought to the authority’s attention as having (or probably having) special educational needs, or
(d) he is not a registered pupil at a school, is not under the age of two years or over compulsory school age and has been brought to their attention as having (or probably having) special educational needs.
(1) Where it appears to a local education authority that any District Health Authority or local authority could, by taking any specified action, help in the exercise of any of their functions under this Part of this Act, they may request the help of the authority, specifying the action in question.
(2) An authority whose help is so requested shall comply with the request unless—
(a) they consider that the help requested is not necessary for the purpose of the exercise by the local education authority of those functions, or
(b) subsection (3) below applies.
(3) This subsection applies—
(a) in the case of a District Health Authority, if that authority consider that, having regard to the resources available to them for the purpose of the exercise of their functions under the [1977 c. 49.] National Health Service Act 1977, it is not reasonable for them to comply with the request, or
(b) in the case of a local authority, if that authority consider that the request is not compatible with their own statutory or other duties and obligations or unduly prejudices the discharge of any of their functions.
(4) Regulations may provide that, where an authority are under a duty by virtue of subsection (2) above to comply with a request to help a local education authority in the making of an assessment under section 167 of this Act or a statement under section 168 of this Act, they must, subject to prescribed exceptions, comply with the request within the prescribed period.
(5) In this section, “local authority” means a county council, a metropolitan district council, a London borough council or the Common Council of the City of London.
(1) Where a local education authority are of the opinion that a child for whom they are responsible falls, or probably falls, within subsection (2) below, they shall serve a notice on the child’s parent informing him—
(a) that they propose 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 the officer of the authority from whom further information may be obtained, and
(d) of the parent’s right to make representations, and submit written evidence, to the authority within such period (which shall not be less than twenty-nine days beginning with the date on which the notice is served) as may be specified in the notice.
(2) A child falls within this subsection if—
(a) he has special educational needs, and
(b) it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.
(3) Where—
(a) a local education authority have served a notice under subsection (1) above and the period specified in the notice in accordance with subsection (1)(d) above has expired, and
(b) the authority remain of the opinion, after taking into account any representations made and any evidence submitted to them in response to the notice, that the child falls, or probably falls, within subsection (2) above,
they shall make an assessment of his educational needs.
(4) Where a local education authority decide to make an assessment under this section, they shall give notice in writing to the child’s parent of that decision and of their reasons for making it.
(5) Schedule 9 to this Act (which makes provision in relation to the making of assessments under this section) shall have effect.
(6) Where, at any time after serving a notice under subsection (1) above, a local education authority decide not to assess the educational needs of the child concerned they shall give notice in writing to the child’s parent of their decision.
(1) If, in the light of an assessment under section 167 of this Act of any child’s educational needs and of any representations made by the child’s parent in pursuance of Schedule 10 to this Act, it is necessary for the local education authority to determine the special educational provision which any learning difficulty he may have calls for, the authority shall make and maintain a statement of his special educational needs.
(2) The statement shall be in such form and contain such information as may be prescribed.
(3) In particular, the statement shall—
(a) give details of the authority’s assessment of the child’s special educational needs, and
(b) specify the special educational provision to be made for the purpose of meeting those needs, including the particulars required by subsection (4) below.
(4) The statement shall—
(a) specify the type of school or other institution which the local education authority consider would be appropriate for the child,
(b) if they are not required under Schedule 10 to this Act to specify the name of any school in the statement, specify the name of any school or institution (whether in the United Kingdom or elsewhere) which they consider would be appropriate for the child and should be specified in the statement, and
(c) specify any provision for the child for which they make arrangements under section 163 of this Act and which they consider should be specified in the statement.
(5) Where a local education authority maintain a statement under this section—
(a) unless the child’s parent has made suitable arrangements, the authority—
(i) shall arrange that the special educational provision specified in the statement is made for the child, and
(ii) may arrange that any non-educational provision specified in the statement is made for him in such manner as they consider appropriate, and
(b) if the name of a maintained, grant-maintained or grant-maintained special school is specified in the statement, the governing body of the school shall admit the child to the school.
(6) Subsection (5)(b) above does not affect any power to exclude from a school a pupil who is already a registered pupil there.
(7) Schedule 10 to this Act (which makes provision in relation to the making and maintenance of statements under this section) shall have effect.
(1) If, after making an assessment under section 167 of this Act of the educational needs of any child for whom no statement is maintained under section 168 of this Act, the local education authority do not propose to make such a statement, they shall give notice in writing of their decision, and of the effect of subsection (2) below, to the child’s parent.
(2) In such a case, the child’s parent may appeal to the Tribunal against the decision.
(3) On an appeal under this section, the Tribunal may—
(a) dismiss the appeal,
(b) order the local education authority to make and maintain such a statement, or
(c) remit the case to the authority for them to reconsider whether, having regard to any observations made by the Tribunal, it is necessary for the authority to determine the special educational provision which any learning difficulty the child may have calls for.
(1) The parent of a child for whom a local education authority maintain a statement under section 168 of this Act may—
(a) when the statement is first made,
(b) where the description in the statement of the authority’s assessment of the child’s special educational needs, or the special educational provision specified in the statement, is amended, or
(c) where, after conducting an assessment of the educational needs of the child under section 167 of this Act, the local education authority determine not to amend the statement,
appeal to the Tribunal against the description in the statement of the authority’s assessment of the child’s special educational needs, the special educational provision specified in the statement or, if no school is named in the statement, that fact.
(2) Subsection (1)(b) above does not apply where the amendment is made in pursuance of paragraph 8 or 11(3)(b) of Schedule 10 to this Act or directions under section 197 of this Act; and subsection (1)(c) above does not apply to a determination made following the service of notice under paragraph 10 of Schedule 10 to this Act of a proposal to amend the statement.
(3) On an appeal under this section, the Tribunal may—
(a) dismiss the appeal,
(b) order the authority to amend the statement, so far as it describes the authority’s assessment of the child’s special educational needs or specifies the special educational provision, and make such other consequential amendments to the statement as the Tribunal think fit, or
(c) order the authority to cease to maintain the statement.
(4) On an appeal under this section the Tribunal shall not order the local education authority to specify the name of any school in the statement (either in substitution for an existing name or in a case where no school is named) unless—
(a) the parent has expressed a preference for the school in pursuance of arrangements under paragraph 3 of Schedule 10 to this Act, or
(b) in the proceedings the parent, the local education authority or both have proposed the school.
(5) Before determining any appeal under this section the Tribunal may, with the agreement of the parties, correct any deficiency in the statement.
(1) This section applies where—
(a) a local education authority maintain a statement for a child under section 168 of this Act, and
(b) in pursuance of the statement education is provided for the child at—
(i) a school maintained by another local education authority,
(ii) a grant-maintained school, or
(iii) a grant-maintained special school.
(2) Any person authorised by the local education authority shall be entitled to have access at any reasonable time to the premises of any such school for the purpose of monitoring the special educational provision made in pursuance of the statement for the child at the school.
(1) Regulations may prescribe the frequency with which assessments under section 167 of this Act are to be repeated in respect of children for whom statements are maintained under section 168 of this Act.
(2) Where—
(a) the parent of a child for whom a statement is maintained under section 168 of this Act asks the local education authority to arrange for an assessment to be made in respect of the child under section 167 of this Act,
(b) such an assessment has not been made within the period of six months ending with the date on which the request is made, and
(c) it is necessary for the authority to make a further assessment under that section,
the authority shall comply with the request.
(3) If in any case where subsection (2)(a) and (b) above applies the authority determine not to comply with the request—
(a) they shall give notice of that fact and of the effect of paragraph (b) below to the child’s parent, and
(b) the parent may appeal to the Tribunal against the determination.
(4) On an appeal under subsection (3) above the Tribunal may—
(a) dismiss the appeal, or
(b) order the authority to arrange for an assessment to be made in respect of the child under section 167 of this Act.
(5) A statement under section 168 of this Act shall be reviewed by the local education authority—
(a) on the making of an assessment in respect of the child concerned under section 167 of this Act, and
(b) in any event, within the period of twelve months beginning with the making of the statement or, as the case may be, with the previous review.
(6) Regulations may make provision—
(a) as to the manner in which reviews of such statements are to be conducted,
(b) as to the participation in such reviews of such persons as may be prescribed, and
(c) in connection with such other matters relating to such reviews as the Secretary of State considers appropriate.
(1) Where—
(a) the parent of a child for whom a local education authority are responsible but for whom no statement is maintained under section 168 of this Act asks the authority to arrange for an assessment to be made in respect of the child under section 167 of this Act,
(b) such an assessment has not been made within the period of six months ending with the date on which the request is made, and
(c) it is necessary for the authority to make an assessment under that section,
the authority shall comply with the request.
(2) If in any case where subsection (1)(a) and (b) above applies the authority determine not to comply with the request—
(a) they shall give notice of that fact and of the effect of paragraph (b) below to the child’s parent, and
(b) the parent may appeal to the Tribunal against the determination.
(3) On an appeal under subsection (2) above the Tribunal may—
(a) dismiss the appeal, or
(b) order the authority to arrange for an assessment to be made in respect of the child under section 167 of this Act.
(1) Where in the case of a child for whom a local education authority are responsible but for whom no statement is maintained under section 168 of this Act—
(a) a grant-maintained school is specified in a direction in respect of the child under section 13 of this Act,
(b) the governing body of the school ask the authority to arrange for an assessment to be made in respect of the child under section 167 of this Act, and
(c) such an assessment has not been made within the period of six months ending with the date on which the request is made,
the local education authority shall serve a notice under subsection (2) below on the child’s parent.
(2) The notice shall inform the child’s parent—
(a) that the local education authority propose 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 the officer of the authority from whom further information may be obtained, and
(d) of the parent’s right to make representations, and submit written evidence, to the authority within such period (which shall not be less than twenty-nine days beginning with the date on which the notice is served) as may be specified in the notice.
(3) Where—
(a) a local education authority have served a notice under subsection (2) above and the period specified in the notice in accordance with subsection (2)(d) above has expired, and
(b) the authority are of the opinion, after taking into account any representations made and any evidence submitted to them in response to the notice, that the child falls, or probably falls, within subsection (4) below,
they shall make an assessment of his educational needs under section 167 of this Act.
(4) A child falls within this subsection if—
(a) he has special educational needs, and
(b) it is necessary to determine the special educational provision which any learning difficulty he may have calls for.
(5) Where a local education authority decide in pursuance of this section to make an assessment under that section, they shall give notice in writing to the child’s parent, and to the governing body of the grant-maintained school, of that decision and of their reasons for making it.
(6) Where, at any time after serving a notice under subsection (2) above, a local education authority decide not to assess the educational needs of the child concerned, they shall give notice in writing to the child’s parent and to the governing body of the grant-maintained school of their decision.
(1) Where a local education authority are of the opinion that a child in their area who is under the age of two years falls, or probably falls, within subsection (2) below—
(a) they may, with the consent of his parent, make an assessment of the child’s educational needs, and
(b) they shall make such an assessment at the request of his parent.
(2) A child falls within this subsection if—
(a) he has special educational needs, and
(b) it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.
(3) An assessment under this section shall be made in such manner as the authority consider appropriate.
(4) After making an assessment under this section, the authority—
(a) may make a statement of the child’s special educational needs, and
(b) may maintain that statement,
in such manner as they consider appropriate.
(1) This section applies where a District Health Authority or a National Health Service trust, in the course of exercising any of their functions in relation to a child who is under the age of five years, form the opinion that he has (or probably has) special educational needs.
(2) The health authority or trust shall—
(a) inform the child’s parent of their opinion and of their duty under this section, and
(b) after giving the parent an opportunity to discuss that opinion with an officer of the health authority or trust, bring it to the attention of the appropriate local education authority.
(3) If the health authority or trust are of the opinion that a particular voluntary organisation is likely to be able to give the parent advice or assistance in connection with any special educational needs that the child may have, they shall inform the parent accordingly.
Education Act 1993