LegalizeThe Education (Special Educational Needs) (Wales) Regulations 2002
Detailed provision is made as to how an annual review of a statement by a local education authority under section 328 of the Education Act 1996 is to be carried out (regulations 18 to 22). Local education authorities are required to send composite lists of pupils requiring annual reviews to head teachers and health and social services authorities in advance of each term and to the Careers Service annually (regulation 18). Special provision for reviews is made where the review is the first review after a child has commenced his tenth year of compulsory education. Regulation 20 requires authorities to ensure that statements are amended by 15 February in the year of a child’s transfer between phases of his schooling.
The Regulations provide for the transfer of a statement from one local education authority to another (regulation 23). The duties of the transferor are transferred to the transferee, and within 6 weeks of the transfer the transferee must serve a notice on the parent informing him or her of the transfer, whether they propose to make an assessment, and when they propose to review the statement (regulation 23(2), (3) and (4)). It is provided that where it would not be practicable to require the transferee to arrange for the child’s attendance at a school specified in the statement they need not do so, but can arrange for attendance at another school until it is possible to amend the statement (regulation 23(6)).
There are restrictions on the disclosure of statements and steps are to be taken to avoid unauthorised persons having access to them (regulation 24).
Provision is made from the transition from the regime imposed by the 1994 Regulations to the regime imposed by these Regulations (regulation 26). Broadly, any action taken under the 1994 Regulations can be completed under those regulations. If an assessment has been commenced before 1st April 2002 the local education authority may continue to make the assessment under the 1994 Regulations. However if the assessment is not complete before 1st September 2002 these Regulations will apply to the assessment as if it had been commenced under them on that date (regulation 26(3)).
Footnotes
1996 c. 56. For the meaning of “regulations” see section 579(1) of the Act. Sections 316A(2), 325(2A) and 2(B), 328(3A) and (3B), 329(2A) and 329A(9) were inserted by the Special Educational Needs and Disability Act 2001 (c. 10), section 1, paragraph 6 of Schedule 8, paragraph 7 of Schedule 8, paragraph 8 of Schedule 8 and section 8 respectively. Paragraphs 2(3), 2B(3), 6(3), 8(3A), 11(2A) of Schedule 27 were inserted by the Special Educational Needs and Disability Act 2001, Schedule 1, paragraphs 3 and 14 and Schedule 8, paragraphs 9(2) and 10(2) respectively.
See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).
1973 c. 50. Sections 8, 9 and 10 were substituted by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 45.
1977 c. 49. Amended by the Health Authorities Act 1995 (c. 17) and the Health Act 1999 (c. 32).
1970 c. 42. Section 1A was inserted by the Local Government Act 2000 (c. 22), s102(3).
S.I. 1994/1047.
Once a statement has been made for a child that statement will determine whether the child will be educated in a special school or elsewhere.
The Special Educational Needs Tribunal Regulations 2001 (S.I. 2001/600) provide that an appeal must be made no later than the first working day after the expiry of two months from when the authority notify a parent of the right of appeal. Under paragraph 11(5) of Schedule 27 to the Education Act 1996 a local authority may not cease to maintain a statement if a parent has appealed against the authority’s determination to cease to maintain a statement and that appeal has not been determined by the tribunal or withdrawn.
1986 c. 33; section 5 is amended by the Special Education Needs and Disability Act 2001, paragraphs 16 to 18 of Schedule 8.
1996 c. 57; section 2(8) is amended by the Education Act 1997 (c. 44), section 42 and Schedule 6, and paragraph 7 of Schedule 3 is amended by the Education Act 1997, section 42 and Schedule 6, paragraph 12.
S.I. 2000/3371.
Editorial notes
Sch. 1 Pt. A in force at 1.4.2002, see reg. 1(2)
Sch. 1 Pt. B in force at 1.4.2002, see reg. 1(2)
Sch. 2 Pt. 1 in force at 1.4.2002, see reg. 1(2)
Sch. 2 Pt. 2 in force at 1.4.2002, see reg. 1(2)
Sch. 2 Pt. 3 in force at 1.4.2002, see reg. 1(2)
Sch. 2 Pt. 4 in force at 1.4.2002, see reg. 1(2)
Sch. 2 Pt. 5 in force at 1.4.2002, see reg. 1(2)
Sch. 2 Pt. 6 in force at 1.4.2002, see reg. 1(2)
Words in reg. 18(2)(e) substituted (31.7.2003) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2003 (S.I. 2003/1717), regs. 1(1), 7(2)
Words in reg. 9 inserted (16.11.2009 as notified in the London Gazette dated 21.8.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), Sch. 1 para. 51(1) (with Sch. 2)
Sch. 1 Pt. A: the words “maintained (local authority) school including a local authority maintained special school” are substituted for “maintained (LEA) school, including an LEA maintained special school” (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 1 para. 8(11)
Words in Sch. 1 Pt. B: the words “maintained (local authority) school including a local authority maintained special school” are substituted for “maintained (LEA) school, including an LEA maintained special school” (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 1 para. 8(11)
Sch. 2 Pt. 6 Appendix E heading: the words “the Social Worker” are substituted for “the Social Services Authority” (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 1 para. 8(12)(b)
Sch. 2 Pt. 1: in para. 2 the words “Social Work Advice” are substituted for “Advice for Social Services Authority” (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 1 para. 8(12)(a)
Reg. 17(4)(e) and word omitted (14.9.2022) by virtue of The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential and Miscellaneous Amendments) Regulations 2022 (S.I. 2022/913), regs. 1, 2(2)(b)
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