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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Education (Special Educational Needs) (England) (Consolidation) (Amendment) Regulations 2006 No. 3346 URL: http://www.bailii.org/uk/legis/num_reg/2006/20063346.html |
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| Made | 14th December 2006 | ||
| Laid before Parliament | 21st December 2006 | ||
| Coming into force | 1st March 2007 |
(3) After the word "Needs" in the definition of "Tribunal" in regulation 2(1) insert "and Disability".
(4) In the entry in the second column of the table relating to the definition of "qualified teacher" in regulation 2(2) for "section 218 Education Reform Act 1988" substitute "section 132(1) of the Education Act 2002[4]".
(5) For the definition "relevant nursery education" in the first column of the table in regulation 2(2) substitute "relevant early years education" and for "section 509A(5) of the Act" in the entry in the second column of that table substitute "section 509A(5)(a) of the Act[5]".
Religious education
4.
After regulation 5 insert the following new regulation—
Notice relating to assessment
5.
—(1) For regulation 6(1)(b) substitute—
(2) In regulation 6(6)(a) omit "(b)".
Educational advice
6.
For regulation 8(1)(c) substitute—
Time limits and prescribed information
7.
—(1) Immediately before "within 6 weeks" in paragraph (1) of regulation 12 insert "no earlier than the period specified in that notice pursuant to section 323(1)(d) and".
(2) For paragraph (3) of regulation 12 substitute—
(3) In paragraph (4) of regulation 12 for "Where section 329A applies an authority shall, within 6 weeks of the date of receipt of a request from a responsible body that an assessment of a child be made, give notice to the child's parent—" substitute—
Admission to Special Schools
8.
After regulation 12 insert the following regulation—
(2) A child may only be admitted to a special school established in a hospital if he requires hospital treatment.
(3) The admission of a child to a maintained special school in accordance with paragraph (1)(c) shall be reviewed by the authority at the end of every term.".
Notice to be served in addition to amendment notice
9.
For regulation 15 and its accompanying heading "Notice accompanying an amendment notice", substitute—
Phase transfers between infant school and junior school
10.
For paragraph (2)(a) of regulation 19 substitute—
Transfer of statements
11.
For regulation 23(2) substitute—
Restriction on disclosure of statements
12.
—(1) For regulation 24(1)(i) substitute—
(2) After sub-paragraph (j) of regulation 24(1) omit "or" and after sub-paragraph (k) of that paragraph omit the full stop and add—
(3) In regulation 24(4) insert "a" between "such" and "statement".
Compliance with Tribunal Orders
13.
—(1) For regulation 25(2)(a) substitute—
(2) For regulation 25(2)(b) substitute—
(3) In sub-paragraph (d) of regulation 25(2) for the words "serve an amendment notice under paragraph 2A of Schedule 27" substitute the words "amend the statement".
(4) In sub-paragraph (f) of regulation 25(2) for the words "shall serve an amendment notice on the child's parent under paragraph 2A of Schedule 27" substitute the words "amend the statement".
(5) For paragraph (3) of regulation 25 substitute—
Compliance with parents' requests when an authority concedes an appeal to the Tribunal
14.
—(1) For regulation 26(1)(a) substitute—
(2) For regulation 26(1)(b) substitute—
(3) For regulation 26(2) substitute—
Notices accompanying a proposed statement or proposed amended statement
15.
For Part A of Schedule 1 substitute—
If you think that [child's name] should attend a non-maintained special school or an independent school you can suggest the name of a school and tell us why you think that school should be named in [child's name]'s statement. A list of non-maintained special schools and independent schools approved by the Secretary of State [and if such a list is produced by the National Assembly for Wales][ and the National Assembly for Wales] is attached to help you.
[Such lists of independent and non-maintained special schools as the Secretary of State may from time to time indicate for this purpose (and if the National Assembly for Wales from time to time indicates such a list for a similar purpose, that list also) must be attached to this letter.]
If you want to tell us the name of a school you want [child's name] to go to you must do so within 15 days of getting this letter. However, if you attend a meeting with us to discuss this statement after getting this letter you will have another 15 days from that meeting to suggest a school. You can also tell us if you disagree with what the statement says. If you do disagree with the statement you must also tell us within 15 days of getting this letter, or 15 days from when you meet us to talk about the statement. If you still disagree with the statement, or any of the advice given during the assessment after you meet us, you can ask us for another meeting to discuss the advice you disagree with but you must ask us within 15 days of the first meeting. We will arrange for the person who gave the advice, or someone else they suggest, to attend this new meeting. We can arrange more than one meeting if necessary, if you disagree with more than one part of the advice.
Once all these stages are finished we will send you a final statement that will have Part 4 completed.
If you have any concerns or questions about this process, or disagree with any part of the statement you may wish to get advice or support from the local parent partnership service. They can be contacted at [contact address and telephone number].
They can also put you in touch with the informal arrangements set up to help resolve or prevent any disagreements between you and the authority. Using either of these services does not prevent you from appealing to the Special Educational Needs and Disability Tribunal about Parts 2, 3 or 4 of the Statement at the same time; your rights are not affected and an appeal to the Tribunal can run at the same time as any disagreement resolution. However, using these services does not increase the time you have to make an appeal.
When you receive the final statement, if you disagree with Parts 2, 3 or 4 you can appeal to the Special Educational Needs and Disability Tribunal. The Tribunal can hold a hearing to decide what should be in these parts of [child's name]'s statement. You have to appeal to the Tribunal within two months of getting the final statement. The address of the Tribunal is SENDIST, 2nd Floor Old Hall, Mowden Hall, Staindrop Road DL3 9BG. The telephone number of the Tribunal is 0870 241 2555 and they have a website at: http://www.sendist.gov.uk/. You can obtain a claim form from them.
If you have any questions, now or at any time, about this process or about the statement itself, our case officer [name] can be contacted at [address and telephone number].
Please do not hesitate to get in touch.
Yours sincerely
[Signature of officer responsible]"
Notice to be served in addition to amendment notice
16.
For Part B of Schedule 1 substitute—
If you think that [child's name] should attend a non-maintained special school or an independent school you can suggest the name of a school and tell us why you think that school should be named in [child's name]'s statement. A list of non-maintained special schools and independent schools approved by the Secretary of State [and if such a list is produced by the National Assembly for Wales][ and the National Assembly for Wales] is attached to help you.
[Such lists of independent and non-maintained special schools as the Secretary of State may from time to time indicate for this purpose (and if the National Assembly for Wales from time to time indicates such a list for a similar purpose, that list also) must be attached to this letter.]
If you want to tell us the name of a school you want [child's name] to go to you must do so within 15 days of getting this letter. However, if you attend a meeting with us to discuss the suggested changes to this statement after getting this letter you will have another 15 days from that meeting to name a school. You can also tell us if you disagree with the changes to the statement that we are suggesting. If you do disagree with the suggested changes you must also tell us within 15 days of getting this letter.
Once all these stages are finished we will send you an amended final statement. If you have any concerns or disagree with any part of the amended final statement you may wish to get advice or support from the local parent partnership service. They can be contacted [here insert contact address and telephone number]. They can also put you in touch with the informal arrangements set up to help resolve or prevent any disagreements between you and the authority. Using either of these services does not prevent you from appealing to the Special Educational Needs and Disability Tribunal about Parts 2, 3 or 4 of the Statement at the same time; your rights are not affected and an appeal to the Tribunal can run at the same time as any disagreement resolution. However, using these services does not increase the time you have to make an appeal.
When you receive the amended final statement, if you disagree with Parts 2, 3 or 4 of the statement you can appeal to the Special Educational Needs and Disability Tribunal. The Tribunal can hold a hearing to decide what should be in these parts of [child's name]'s statement. You have to appeal to the Tribunal within two months of getting the final statement. The address of the Tribunal is SENDIST, 2nd Floor Old Hall, Mowden Hall, Staindrop Road DL3 9BG. The telephone number of the Tribunal is 0870 241 2555 and they have a website at: http://www.sendist.gov.uk/. You can obtain a claim form from them.
If you have any questions, now or at any time, about this process or about the statement itself, our case officer [name] can be contacted at [address and telephone number].
Please do not hesitate to get in touch.
[Where amendment notice is contained within this letter]
[Amendment Notice]
[Here set out details of the amendments to the statement proposed by the authority.]
Yours sincerely
[Signature of officer responsible]"
Appendix G of statement of special educational needs
17.
—(1) After paragraph (e) of regulation 16 add the following paragraph—
(ii) in the case of a statement falling within paragraph (e)(ii) of this regulation, the advice and information which the authority has relied on in reviewing the statement,
(iii) in the case of a statement falling within paragraph (e)(iii) of this regulation, a copy of the order of the Tribunal, and
(iv) in the case of a statement falling within paragraph (e)(iv) of this regulation, a copy of the direction of the Secretary of State.".
(2) In paragraph 2 of Schedule 2 for "(In making this statement the authority have taken into account the additional representations, evidence and advice set out in Appendix G to this statement).", substitute "(In making this statement the authority have taken into account the information set out in Appendix G to this statement.)".
(3) For the final paragraph of Schedule 2, "[Here set out the advice about the child obtained by the authority since the last assessment of the child under section 323 of the Act was made]", substitute "[Here append the information specified in regulation 16(f).]".
Revocations
18.
Regulations 18 and 19 of the Education (Maintained Special Schools) (England) Regulations 1999[8] are omitted.
Transitional provisions
19.
—(1) The amendment made by regulation 10 of these Regulations shall not apply to a transfer between the infant school and junior school phases of schooling occurring before the calendar year 2008.
(2) Where immediately before1 March 2007—
those Regulations shall continue to apply in relation to that order or appeal as they had effect immediately before 1 March 2007.
(3) Regulation 17 of these Regulations applies only to statements made or amended after 1 March 2007.
Modifications applying while the Childcare Act 2006 is not in force
20.
—(1) During such time as paragraph 23 of Schedule 2 to the Childcare Act 2006[9] is not in force in relation to England, these Regulations apply with the modifications in paragraph (2).
(2) The provisions of regulation 3(1) and (5) have no effect.
Andrew Adonis
Parliamentary Under Secretary of State Department for Education and Skills
14th December 2006
Regulation 13 also provides in keeping with section 336A of the Act that the date from which the periods for compliance referred to in regulation 25 of the principal Regulations commence is the date on which the order is made.
Regulation 26 of the principal Regulations deals with time limits for compliance with parents' requests when an authority concedes an appeal to the Special Educational Needs and Disability Tribunal. Regulation 14 amends regulation 26 to require an authority to serve a proposed statement within five weeks rather than to make a statement within five weeks where an appeal has been conceded against a decision not to make a statement.
Regulation 14 amends regulation 26 where an authority concedes an appeal under sections 328, 329 and 329A of the Act. It makes it clear that the notice informing the parent that the assessment is to be made must be served within four weeks.
Regulation 14 amends the date from which the periods for compliance referred to in regulation 26 of the principal Regulations commence to the date on which the authority concedes the appeal. This is so that regulations 25 and 26 are consistent in relation to the outcomes of appeals which are conceded or upheld.
Regulation 15 replaces Part A of Schedule 1 to the of the principal Regulations which contains a form of notice to accompany a copy of a proposed statement or a proposed amended statement.
The substitute form of notice has been updated to specify more precisely what maintained schools are described in the list to be attached to it; to allow for the Secretary of State to indicate what list must be provided to parents of non-maintained special schools and independent schools; and to allow reference to a list indicated by the National Assembly for Wales (for a similar purpose). The new notice updates reference to the Special Educational Needs and Disability Tribunal and its address.
Regulation 16 replaces Part B of Schedule 1 of the principal Regulations which contains a form of notice to accompany an amendment notice.
The substitute form of notice has similar amendments to update it as the new notice introduced by regulation 15.
Regulation 17 amends regulation 16 of the principal Regulations to specify what information and advice must be appended to a statement of special educational needs and makes consequential amendments to the form of statement of special educational needs in Schedule 2 of the principal Regulations.
Regulation 18 omits regulations 18 and 19 of the Education (Maintained Special Schools) (England) Regulations 1999. Those regulations are respectively replaced by the new regulations 5A and 12A inserted into the principal Regulations by regulations 4 and 8.
Regulation 19 makes transitional provisions. It provides that the obligation introduced by regulation 10, that is to amend by 15th February in any calendar year the statements of children transferring between infant and junior school, only applies to children transferring between those phases in the calendar year 2008 and later. This is so that upon the date these Regulations come into force, authorities do not find themselves in breach of regulation 19 for not having named by 15th February 2007 the schools children transferring between those phases will be attending in 2007.
Regulation 19(2) makes savings for orders of the Tribunal and parental appeals to the Tribunal treated as having been determined in favour of the parent making them before these Regulations come into force. Those orders and appeal determinations will be treated according to the principal Regulations as they had effect before amended by these Regulations.
Regulation 19(3) provides that the changes to the appendices and format of statements prescribed by regulation 17 apply only to statements made or amended after the date these regulations come into force so that these changes are introduced manageably over time.
Regulation 20 sets out modifications to these Regulations which apply while paragraph 23 of Schedule 2 to the Childcare Act 2006 are not in force in England. The modifications are that the definitional change of the term "relevant nursery education" to "relevant early years education" and alteration in statutory reference to the definition of relevant early years education do not occur until paragraph 23 comes into force.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.
[2] 1998 c. 31. Section 71 was amended by the Education Act 2002 (2002 c. 32), Schedule 21, paragraph 105. Section 71(7) is amended by section 55 of the Education and Inspections Act 2006 (2006 c. 40) which is not yet in force. For the meaning of regulations see section 142(1).back
[3] S.I. 2001/3455, as amended by the National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc Provisions) Regulations 2002 (SI 2002/2469).back
[4] 2002 c. 32, there are no amendments to section 132 applicable to England.back
[5] Section 509A of the Act is amended by paragraph 23 of Schedule 2 to the Childcare Act 2006 (2006 c. 21) which is not yet in force. Regulation 20 makes provision pending the coming into force of that paragraph.back
[7] S.I. 1998/472. to which there are amendments not relevant to these Regulations.back
[8] S.I. 1999/2212, to which there are amendments not relevant to these Regulations.back
[9] 2006 c. 21, to which there are amendments not relevant to these Regulations.back
