Special Educational Needs and Disability Bill [H.L.] - continued        House of Lords

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  S C H E D U L E S
 
 

 
 
 
SCHEDULE 1
 
  AMENDMENT TO STATEMENT OF SPECIAL EDUCATIONAL NEEDS
  PART I
  PROCEDURE FOR MAKING AMENDMENT TO STATEMENT OF SPECIAL EDUCATIONAL NEEDS
     1. Schedule 27 to the 1996 Act (making and maintenance of statement of special educational needs) is amended as follows.
 
     2. For paragraph 1 substitute-
 
 
    "1. - (1) In this Schedule-
 
 
    "statement" means a statement under section 324; and
 
    "statutory review" means a re-assessment review or a periodic review.
      (2) In this Schedule-
 
 
    "periodic review" means a review conducted in accordance with section 328(5)(b); and
 
    "re-assessment review" means a review conducted in accordance with section 328(5)(a)."
     3. For paragraph 2 substitute-
 
 
    "2. - (1) Before making a statement, a local education authority shall serve on the parent of the child concerned a copy of the proposed statement.
 
      (2) If, following a statutory review, a local education authority propose to amend a statement, they shall serve on the parent of the child concerned a copy of the proposed amended statement.
 
      (3) But sub-paragraphs (1) and (2) are subject to sub-paragraphs (4) and (5).
 
      (4) The copy of the proposed statement or amended statement shall not specify any prescribed matter.
 
      (5) The copy of-
 
 
    (a) the proposed statement, or
 
    (b) if an amendment is proposed about any of the matters mentioned in subsection (4) of section 324, the amended statement,
       shall not specify any matter in pursuance of that subsection.
 
      (6) When they serve a copy of the proposed statement or amended statement, the local education authority shall also serve on the parent a written notice explaining (to the extent that they are applicable)-
 
 
    (a) the arrangements under paragraph 3,
 
    (b) the effect of paragraph 4, and
 
    (c) the right to appeal under section 326.
      (7) A notice under sub-paragraph (6) must contain such other information as may be prescribed."
 
     4. In paragraph 3, in sub-paragraph (1), for the words from "a parent" to "paragraph 2" substitute"a parent-
 
 
    (a) on whom a copy of a proposed statement has been served under paragraph 2, or
 
    (b) on whom a copy of a proposed amended statement has been served under that paragraph-
 
      (i) following a re-assessment review, or
 
      (ii) which contains a proposed amendment about the name of a school to be specified in the statement,".
     5. In that paragraph, in sub-paragraph (2), for "paragraph 2(b)" substitute "paragraph 2(6)".
 
     6. In that paragraph omit sub-paragraph (4).
 
     7. After that paragraph, insert-
 
 

"Consultation on specifying name of school in statement
     3A. - (1) Sub-paragraph (2) applies if a local education authority are considering-
 
 
    (a) specifying the name of a maintained school in a statement, or
 
    (b) amending a statement-
 
      (i) if no school was specified in the statement before the amendment, so that a maintained school will be specified in it,
 
      (ii) if a school was specified in the statement before the amendment, so that a different school, which is a maintained school, will be specified in it.
      (2) The local education authority shall-
 
 
    (a) serve a copy of the proposed statement or amended statement on each affected body, and
 
    (b) consult each affected body.
      (3) "Affected body" means-
 
 
    (a) the governing body of any school which the local education authority are considering specifying; and
 
    (b) if a school which the local education authority are considering specifying is maintained by another local education authority, that authority."
     8. In paragraph 4, in sub-paragraph (1)-
 
 
    (a) after "proposed statement" insert "or amended statement";
 
    (b) in paragraphs (a) and (b), for "statement" substitute "proposed statement or amended statement".
     9. In that paragraph, in sub-paragraph (2), after "sub-paragraph (1)(b)" insert"in relation to-
 
 
    (a) a proposed statement, or
 
    (b) an amendment proposed following a re-assessment review,".
     10. In that paragraph, in sub-paragraphs (4)(a) and (5), for "paragraph 2(b)" substitute "paragraph 2(6)".
 
     11. In paragraph 5, in sub-paragraph (1), after "make" insert "or amend".
 
     12. In that paragraph, in sub-paragraph (2), for "The statement" substitute "If a local education authority make a statement, it".
 
     13. After that sub-paragraph insert-
 
 
    "(2A) If a local education authority amend a statement, the amended statement made may be in the form proposed or in a form modified in the light of the representations."
 
     14. For paragraph 6, substitute-
 
 
    "6. - (1) Where a local education authority make or amend a statement they shall serve a copy of the statement, or the amended statement, on the parent of the child concerned.
 
      (2) They shall, at the same time, give the parent written notice of his right to appeal under section 326(1) against-
 
 
    (a) the description in the statement of the authority's assessment of the child's special educational needs,
 
    (b) the special educational provision specified in the statement (including the name of a school specified in the statement), or
 
    (c) if no school is named in the statement, that fact.
      (3) A notice under sub-paragraph (2) must contain such other information as may be prescribed."
 
     15. In paragraph 8(1)(b)-
 
 
    (a) in sub-paragraph (ii), after "statement" insert "or amended statement"; and
 
    (b) omit sub-paragraph (iii).
     16. In paragraph 9-
 
 
    (a) in sub-paragraph (1), omit "amend or" and "10 or"; and
 
    (b) in sub-paragraph (2)-
 
      (i) after paragraph (a), insert "or",
 
      (ii) omit paragraph (b), the word "or" after paragraph (c) and paragraph (d).
     17. Omit paragraph 10.
 
 
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