Joint Committee on Statutory Instruments Twelfth Report


APPENDIX 4

Memorandum from the Department for Education and Skills

EDUCATION (SPECIAL EDUCATIONAL NEEDS) (ENGLAND) (CONSOLIDATION) REGULATIONS 2001 (S.I. 2001/3455)

1. At their meeting on 19 November 2001 the Committee requested that the Department submit a memorandum on the following points:

'Regulation 6(1) provides that paragraph (2) (which requires a local education authority to send copies of the notice of their decision to make an assessment) applies where [(b)] no notice has been given in relation to a particular assessment under section 323 or 329A(3), and under section 323(4) and 329A(7) the authority give notice to a child's parent of their decision to make an assessment'.

(a) "whether the italicised words are meant to deal with the case where section 328(2) or 329(1) applies and, if so, why this is not expressly indicated".

2. The Department confirms that the italicised words are meant to deal with the situation where 328(2) or 329(1) applies. The Department respectfully agrees that the drafting could have been made clearer on this point, but believes that in practice the effect of regulation 6(1)(b) has been achieved - section 328(2) and 329(1) cases being within the duty imposed on an authority under sub-paragraph (b).

(b) "in relation to the reference to section 329A(3) and (7), whether under that section the authority can decide to make an assessment without first serving notice on the child's parent under section 329A(3)".

3. The Department confirms that under section 329A the authority cannot undertake an assessment without first serving the notice required by sub-section (3).


25 November 2001


 
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