Memorandum from the Department for Education
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
'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