Legalize / United Kingdom / Public General Act

Education Act 1996

Type Public General Act

Publication 1996-07-24

Last updated 2026-08-18

State In force

Department Statute Law Database

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(b) any freehold interest in the premises in respect of which the grant is made is, or is to be, held on trust for the purposes of the school.

Grants: further provisions.

254

(1) The times at which, and the manner in which, payments are made in respect of—

(a) maintenance grant for a grant-maintained school in respect of any financial year,

(b) special purpose grants, and

shall be such as may be determined from time to time by the Secretary of State.

(2) Payments in respect of maintenance grant for a school in respect of any financial year may be made, before any amount has been determined in accordance with grant regulations as the amount of such grant payable for that year in respect of the school, by reference to an estimate of the amount which will be so payable made by the Secretary of State.

(3) Where in respect of any financial year an over-payment of maintenance grant is made to the governing body of a school, a sum equal to the amount of that over-payment shall be recoverable from the governing body by the Secretary of State.

(4) Where a sum is payable by the governing body of a school to the Secretary of State—

(a) in respect of an over-payment of maintenance grant in respect of a financial year, or

(b) by way of repayment of special purpose grant or capital grant (whether by virtue of a requirement such as is mentioned in section 253(6) or otherwise),

the Secretary of State may (without prejudice to any other mode of recovery) recover the whole or any part of that sum by deducting it from any grant payable by him to the governing body.

(5) In this section references to an over-payment of maintenance grant in respect of a financial year are to any amount by which the aggregate amount of any payments in respect of maintenance grant made to the governing body of the school in question in respect of the year exceeds the amount finally determined in accordance with grant regulations as the amount of maintenance grant payable for that year in respect of the school.

Loans

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Recovery from local funds

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Chapter VII — Alteration etc. of grant-maintained schools

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Chapter VIII — Discontinuance of grant-maintained schools

Proposals for discontinuance

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Withdrawal of grant

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Winding up and disposal of property

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Chapter IX — Groups of grant-maintained schools

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Chapter X — General and Miscellaneous

Middle schools

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Nursery education

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Further education

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Teacher training

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Provision of benefits and services by local education authority

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Transfer and disposal of premises

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Modification of instruments

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Religious opinions etc. of staff

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Discipline

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Exclusion of pupils

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Appeal committees

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Supplementary

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Interpretation

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Part IV — Special educational needs

Chapter I — Children in wales with special educational needs

Introductory

Application of this Chapter: children in Wales

311A

This Chapter applies only in relation to children in the area of a local authority in Wales.

Meaning of “special educational needs” and “special educational provision” etc.

312

(1) A child in the area of a local authority in Wales has “special educational needs” for the purposes of this Act if he has a learning difficulty which calls for special educational provision to be made for him.

(2) Subject to subsections (3) and (3A) a child in the area of a local authority in Wales has a “learning difficulty” for the purposes of this Act if—

(a) he has a significantly greater difficulty in learning than the majority of children of his age,

(b) he has a disability which either prevents or hinders him from making use of educational facilities of a kind generally provided for children of his age in schools within the area of the local authority , or

(c) he is under compulsory school age and is, or would be if special educational provision were not made for him, likely to fall within paragraph (a) or (b) when of . . . that age.

(3) A child is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.

(3A) Subsection (2) does not apply—

(a) for the purposes of sections ... , 15A and 15B, or

(b) for the purposes of sections 18A and 562H (except for the purpose of a local authority in Wales determining, for the purposes of those sections, whether a child has special educational needs).

(4) In this Act “special educational provision” means—

(a) in relation to a child who has attained the age of two, educational provision which is additional to, or otherwise different from, the educational provision made generally for children of his age in schools maintained by the local authority (other than special schools) . . ., and

(b) in relation to a child under that age, educational provision of any kind.

(5) In this Part—

“child” includes any person who has not attained the age of 19 and is a registered pupil at a school;

“maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital.

Children subject to detention

312A

(1) No provision of, or made under, this Part applies in relation to a child who is subject to a detention order and detained in relevant youth accommodation.

(2) The following provisions of this section apply where a child who has been subject to a detention order is released having, immediately before release, been detained in relevant youth accommodation.

(3) Subject to subsection (6), a statement which was maintained for the child by a local authority under section 324 immediately before the beginning of the detention is, from the child's release, to be treated as being maintained by that authority under section 324.

(4) In subsection (3) “the beginning of the detention” means—

(a) the beginning of the period of detention in relevant youth accommodation, or

(b) where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period.

(5) For the purposes of subsection (4), it is immaterial whether or not a period of detention is pursuant to a single order.

(6) Where, on the child's release, a local authority (“the new authority”) other than the authority mentioned in subsection (3) (“the old authority”) becomes responsible for the child for the purposes of this Part—

(a) the old authority must transfer the statement to the new authority, and

(b) from the child's release, the statement is to be treated as being maintained by the new authority under section 324.

Code of Practice

Code of Practice.

313

(1) The Welsh Ministers shall issue, and may from time to time revise, a code of practice giving practical guidance in respect of the discharge by local authorities and the governing bodies of maintained schools and maintained nursery schools of their functions under this Part.

(2) It shall be the duty of—

(a) local authorities, and such governing bodies, exercising functions under this Part, and

(b) any other person exercising any function for the purpose of the discharge by local authorities, and such governing bodies, of functions under this Part,

to have regard to the provisions of the code.

(3) On any appeal under this Part to the Tribunal, the Tribunal shall have regard to any provision of the code which appears to the Tribunal to be relevant to any question arising on the appeal.

(4) The Welsh Ministers shall publish the code as for the time being in force.

(5) In this Part ..., “the Tribunal”, in relation to an appeal, means the Special Educational Needs Tribunal for Wales.

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(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Making and approval of code.

314

(1) Where the Welsh Ministers propose to issue or revise a code of practice, they shall prepare a draft of the code (or revised code).

(2) The Welsh Ministers shall consult such persons about the draft as they think fit and shall consider any representations made by those persons.

(3) If the Welsh Ministers determine to proceed with the draft (either in its original form or with such modifications as they think fit) they shall lay it before the National Assembly for Wales.

(4) If the draft is approved by resolution of the National Assembly for Wales, the Welsh Ministers shall issue the code in the form of the draft, and the code shall come into effect on such day as the Welsh Ministers may by order appoint.

Special educational provision: general

Review of arrangements.

315

(1) A local authority shall keep under review the arrangements made by them for special educational provision.

(2) In doing so the authority shall, to the extent that it appears necessary or desirable for the purpose of co-ordinating provision for children with special educational needs, consult the governing bodies of community, foundation and voluntary and community and foundation special schools and maintained nursery schools in their area..

Duty to educate children with special educational needs in mainstream schools

316

(1) This section applies to a child with special educational needs who should be educated in a school.

(2) If no statement is maintained under section 324 for the child, he must be educated in a mainstream school.

(3) If a statement is maintained under section 324 for the child, he must be educated in a mainstream school unless that is incompatible with—

(a) the wishes of his parent, or

(b) the provision of efficient education for other children.

(4) In this section and section 316A “mainstream school” means any school other than—

(a) a special school, or

(b) an independent school which is not—

(i) a city technology college,

(ii) a city college for the technology of the arts, or

(iii) an Academy.

Education otherwise than in mainstream schools

316A

(1) Section 316 does not prevent a child from being educated in—

(a) an independent school which is not a mainstream school, or

(b) a school approved under section 342,

if the cost is met otherwise than by a local authority.

(2) Section 316(2) does not require a child to be educated in a mainstream school during any period in which—

(a) he is admitted to a special school for the purposes of an assessment under section 323 of his educational needs and his admission to that school is with the agreement of—

(i) the local authority,

(ii) the governing body of the school or, if the school is in England, its head teacher,

(iii) his parent, and

(iv) any person whose advice is to be sought in accordance with regulations made under paragraph 2 of Schedule 26;

(b) he remains admitted to a special school, in prescribed circumstances, following an assessment under section 323 at that school;

(i) the local authority,

(ii) the governing body of the school or, if the school is in England, its head teacher,

(iii) his parent;

(d) he is admitted to a community or foundation special school which is established in a hospital.

(3) Section 316 does not affect the operation of—

(a) section 348, or

(b) paragraph 3 of Schedule 27.

(4) If a local authority decide—

(a) to make a statement for a child under section 324, but

(b) not to name in the statement the school for which a parent has expressed a preference under paragraph 3 of Schedule 27,

they shall, in making the statement, comply with section 316(3).

(5) A local authority may, in relation to their mainstream schools taken as a whole, rely on the exception in section 316(3)(b) only if they show that there are no reasonable steps that they could take to prevent the incompatibility.

(6) An authority in relation to a particular mainstream school may rely on the exception in section 316(3)(b) only if it shows that there are no reasonable steps that it or another authority in relation to the school could take to prevent the incompatibility.

(7) The exception in section 316(3)(b) does not permit a governing body to fail to comply with the duty imposed by section 324(5)(b).

(8) An authority must have regard to guidance about section 316 and this section issued by the Welsh Ministers—

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(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) That guidance shall, in particular, relate to steps which may, or may not, be regarded as reasonable for the purposes of subsections (5) and (6).

(10) “Prescribed”... means prescribed in regulations made by the Welsh Ministers.

(11) “Authority”—

(a) in relation to a maintained school or maintained nursery school, means each of the following—

(i) the local authority,

(ii) the school’s governing body, and

(b) in relation to ... a pupil referral unit, means the local authority.

Duties of governing body or local authority in relation to pupils with special educational needs.

317

(1) The governing body of a community, foundation or voluntary school or a maintained nursery school shall —

(a) use their best endeavours, in exercising their functions in relation to the school, to secure that, if any registered pupil has special educational needs, the special educational provision which his learning difficulty calls for is made,

(b) secure that, where the responsible person has been informed by the local authority that a registered pupil has special educational needs, those needs are made known to all who are likely to teach him, and

(c) secure that the teachers in the school are aware of the importance of identifying, and providing for, those registered pupils who have special educational needs.

(2) In subsection (1)(b) “the responsible person” means the head teacher or the appropriate governor (that is, the chairman of the governing body or, where the governing body have designated another governor for the purposes of this subsection, that other governor).

(3) To the extent that it appears necessary or desirable for the purpose of co-ordinating provision for children with special educational needs—

(a) the governing bodies of community, foundation and voluntary schools and maintained nursery schools shall, in exercising functions relating to the provision for such children, consult the local authority . . . and the governing bodies of other such schools, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) The governing body of a community, foundation or voluntary school or a maintained nursery school shall designate a member of the staff at the school (to be known as the “special educational needs co-ordinator”) as having responsibility for co-ordinating the provision for pupils with special educational needs.

(3B) Regulations may—

(a) require the governing bodies of schools falling within subsection (3A) to ensure that special educational needs co-ordinators have prescribed qualifications or prescribed experience (or both), and

(b) confer on the governing bodies of those schools other functions relating to special educational needs co-ordinators.

(4) Where a child who has special educational needs is being educated in a community, foundation or voluntary school or a maintained nursery school, those concerned with making special educational provision for the child shall secure, so far as is reasonably practicable and is compatible with—

(a) the child receiving the special educational provision which his learning difficulty calls for,

(b) the provision of efficient education for the children with whom he will be educated, and

that the child engages in the activities of the school together with children who do not have special educational needs.

(5) The governing body of a community, foundation or voluntary school, a maintained nursery school, or a community or foundation special school shall include special needs information in the report prepared under section 30(1) of the Education Act 2002 (governors' report).

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(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In subsection (5) “special needs information” means—

(a) such information as may be prescribed about the implementation of the governing body's policy for pupils with special educational needs, and

(b) information as to—

(i) the arrangements for the admission of disabled persons as pupils at the school,

(ii) the steps taken to prevent disabled pupils from being treated less favourably than other pupils,

(iii) the facilities provided to assist access to the school by disabled pupils, and

(iv) the plan prepared by the governing body under paragraph 3 of Schedule 10 to the Equality Act 2010 (“the 2010 Act”).

(6A) In subsection (6)(b) “disabled person” means a person who is a disabled person for the purposes of the 2010 Act; and section 89 (interpretation of Part 6) of, and paragraph 6 of Schedule 10 (supplementary provisions for Schedule 10) to, the 2010 Act apply for the purposes of subsection (6)(b) as they apply for the purposes of Part 6 of and Schedule 10 to that Act.

Duty to inform parent where special educational provision made

317A

(1) This section applies if—

(a) a child for whom no statement is maintained under section 324 is a registered pupil at—

(i) a community, foundation or voluntary school or a maintained nursery school , or

(ii) a pupil referral unit,

(b) special educational provision is made for him at the school because it is considered that he has special educational needs, and

(c) his parent has not previously been informed under this section of special educational provision made for him at the school.

(2) If the school is a pupil referral unit, the local authority must secure that the head teacher informs the child’s parent that special educational provision is being made for him at the school because it is considered that he has special educational needs.

(3) In any other case, the governing body must inform the child’s parent that special educational provision is being made for him there because it is considered that he has special educational needs.

Provision of goods and services in connection with special educational needs.

318

(1) A local authority may, for the purpose only of assisting—

(a) the governing bodies of community, foundation or voluntary schools or maintained nursery schools (in their or any other area) in the performance of the governing bodies’ duties under section 317(1)(a), or

(b) the governing bodies of community or foundation special schools (in their or any other area) in the performance of the governing bodies’ duties,

supply goods or services to those bodies.

(2) The terms on which goods or services are supplied by local authorities under this section to the governing bodies of community, foundation or voluntary schools , maintained nursery schools or community or foundation special schools in any other area may, in such circumstances as may be prescribed, include such terms as to payment as may be prescribed.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3B) A local authority ... may supply goods and services to any authority in Wales or other person (other than a governing body within subsection(1)) for the purpose of assisting them in making for a child any special educational provision which any learning difficulty of the child calls for.

(4) This section is without prejudice to the generality of any other power of local authorities to supply goods or services.

Special educational provision otherwise than in schools.

319

(1) Where a local authority are satisfied that it would be inappropriate for—

(a) the special educational provision which a learning difficulty of a child in their area calls for, or

(b) any part of any such provision,

to be made in a school, they may arrange for the provision (or, as the case may be, for that part of it) to be made otherwise than in a school.

(2) Before making an arrangement under this section, a local authority shall consult the child’s parent.

Provision outside England and Wales for certain children.

320

(1) A local authority may make such arrangements as they think fit to enable a child for whom they maintain a statement under section 324 to attend an institution outside England and Wales which specialises in providing for children with special needs.

(2) In subsection (1) “children with special needs” means children who have particular needs which would be special educational needs if those children were in England and Wales.

(3) Where a local authority make arrangements under this section in respect of a child, those arrangements may in particular include contributing to or paying—

(a) fees charged by the institution,

(b) expenses reasonably incurred in maintaining him while he is at the institution or travelling to or from it,

(d) expenses reasonably incurred by any person accompanying him while he is travelling or staying at the institution.

(4) This section is without prejudice to any other powers of a local authority.

Identification and assessment of children with special educational needs

General duty of local authority towards children for whom they are responsible.

321

(1) A local authority shall exercise their powers with a view to securing that, of the children for whom they are responsible, they identify those to whom subsection (2) below applies.

(2) This subsection applies to a child if—

(a) he has special educational needs, and

(b) it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.

(3) For the purposes of this Part a local authority are responsible for a child if he is in their area and—

(a) he is a registered pupil at a maintained school or maintained nursery school ,

(b) education is provided for him at a school which is not a maintained school or maintained nursery school but is so provided at the expense of the authority,

(c) he does not come within paragraph (a) or (b) above but is a registered pupil at a school and has been brought to the authority’s attention as having (or probably having) special educational needs, or

(d) he is not a registered pupil at a school but is not under the age of two or over compulsory school age and has been brought to their attention as having (or probably having) special educational needs.

Duty of certain bodies to help local authority.

322

(1) Where it appears to a local authority that another local authority, NHS England, an integrated care board or a Local Health Board ... could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of that body , specifying the action in question.

(2) A body whose help is so requested shall comply with the request unless—

(a) they consider that the help requested is not necessary for the purpose of the exercise of those functions by the local authority that made the request , or

(b) subsection (3) applies.

(3) This subsection applies—

(a) in a case where the request is made of NHS England, an integrated care board or a Local Health Board ..., if that body consider that, having regard to the resources available to them for the purpose of the exercise of their functions under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 , it is not reasonable for them to comply with the request, or

(b) in a case where the request is made of a local authority, if that authority consider that the request is not compatible with their own statutory or other duties and obligations or unduly prejudices the discharge of any of their functions.

(4) Regulations may provide that, where a local authority, NHS England, an integrated care board or a Local Health Board ... are under a duty by virtue of subsection (2) to comply with a request to help a local authority in the making of an assessment under section 323 or a statement under section 324 of this Act, they must, subject to prescribed exceptions, comply with the request within the prescribed period.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assessment of educational needs.

323

(1) Where a local authority are of the opinion that a child for whom they are responsible falls, or probably falls, within subsection (2), they shall serve a notice on the child’s parent informing him—

(a) that they are considering whether to make an assessment of the child’s educational needs,

(b) of the procedure to be followed in making the assessment,

(d) of the parent’s right to make representations, and submit written evidence, to the authority within such period (which must not be less than 29 days beginning with the date on which the notice is served) as may be specified in the notice.

(2) A child falls within this subsection if—

(a) he has special educational needs, and

(b) it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.

(3) Where—

(a) a local authority have served a notice under subsection (1) and the period specified in the notice in accordance with subsection (1)(d) has expired, and

(b) the authority remain of the opinion, after taking into account any representations made and any evidence submitted to them in response to the notice, that the child falls, or probably falls, within subsection (2),

they shall make an assessment of his educational needs.

(4) Where a local authority decide to make an assessment under this section, they shall give notice in writing to the child’s parent of that decision and of their reasons for making it.

(5) Schedule 26 has effect in relation to the making of assessments under this section.

(6) Where, at any time after serving a notice under subsection (1), a local authority decide not to assess the educational needs of the child concerned they shall give notice in writing to the child’s parent of their decision.

Statement of special educational needs.

324

(1) If, in the light of an assessment under section 323 of any child’s educational needs and of any representations made by the child’s parent in pursuance of Schedule 27, it is necessary for the local authority to determine the special educational provision which any learning difficulty he may have calls for, the authority shall make and maintain a statement of his special educational needs.

(2) The statement shall be in such form and contain such information as may be prescribed.

(3) In particular, the statement shall—

(a) give details of the authority’s assessment of the child’s special educational needs, and

(b) specify the special educational provision to be made for the purpose of meeting those needs, including the particulars required by subsection (4).

(4) The statement shall—

(a) specify the type of school or other institution which the local authority consider would be appropriate for the child,

(b) if they are not required under Schedule 27 to specify the name of any school in the statement, specify the name of any school or institution (whether in the United Kingdom or elsewhere) which they consider would be appropriate for the child and should be specified in the statement, and

(c) specify any provision for the child for which they make arrangements under section 319 and which they consider should be specified in the statement.

(4A) Subsection (4)(b) does not require the name of a school or institution to be specified if the child’s parent has made suitable arrangements for the special educational provision specified in the statement to be made for the child.

(5) Where a local authority maintain a statement under this section, then—

(a) unless the child’s parent has made suitable arrangements, the authority—

(i) shall arrange that the special educational provision specified in the statement is made for the child, and

(ii) may arrange that any non-educational provision specified in the statement is made for him in such manner as they consider appropriate, and

(b) if the name of a maintained school or maintained nursery school is specified in the statement, the governing body of the school shall admit the child to the school.

(5A) Subsection (5)(b) has effect regardless of any duty imposed on the governing body of a school by section 1(6) of the School Standards and Framework Act 1998.

(6) Subsection (5)(b) does not affect any power to exclude from a school a pupil who is already a registered pupil there.

(7) Schedule 27 has effect in relation to the making and maintenance of statements under this section.

Appeal against decision not to make statement.

325

(1) If, after making an assessment under section 323 of the educational needs of any child for whom no statement is maintained under section 324, the local authority do not propose to make such a statement, they shall give notice in writing of their decision, . . . to the child’s parent.

(2) In such a case, the child’s parent may appeal to the Tribunal against the decision.

(2A) A notice under subsection (1) must inform the parent of the right of appeal under subsection (2) and contain such other information as may be prescribed.

(2B) Regulations may provide that where a local authority are under a duty under this section to serve any notice, the duty must be performed within the prescribed period.

(3) On an appeal under this section, the Tribunal may—

(a) dismiss the appeal,

(b) order the local authority to make and maintain such a statement, or

(c) remit the case to the authority for them to reconsider whether, having regard to any observations made by the Tribunal, it is necessary for the authority to determine the special educational provision which any learning difficulty the child may have calls for.

Appeal against contents of statement.

326

(1) The parent of a child for whom a local authority maintain a statement under section 324 may appeal to the Tribunal—

(a) when the statement is first made,

(b) if an amendment is made to the statement, or

(1A) An appeal under this section may be against any of the following—

(a) the description in the statement of the local 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 so specified),

(2) Subsection (1)(b) does not apply where the amendment is made in pursuance of—

(a) paragraph 8 (change of named school) or 11(3)(b) (amendment ordered by Tribunal) of Schedule 27, or

(b) directions under section 442 (revocation of school attendance order);

and subsection (1)(c) does not apply to a determination made following the service of notice under paragraph 2A (amendment by local authority) of Schedule 27 of a proposal to amend the statement.

(3) On an appeal under this section, the Tribunal may—

(a) dismiss the appeal,

(b) order the authority to amend the statement, so far as it describes the authority’s assessment of the child’s special educational needs or specifies the special educational provision, and make such other consequential amendments to the statement as the Tribunal think fit, or

(4) On an appeal under this section the Tribunal shall not order the local authority to specify the name of any school in the statement (either in substitution for an existing name or in a case where no school is named) unless—

(a) the parent has expressed a preference for the school in pursuance of arrangements under paragraph 3 (choice of school) of Schedule 27, or

(b) in the proceedings the parent, the local authority, or both have proposed the school , or ...

(c) in the proceedings the child has proposed the school (whether or not the parent, the local authority or both have also proposed the school).

(5) Before determining any appeal under this section the Tribunal may, with the agreement of the parties, correct any deficiency in the statement.

Unopposed appeals

326A

(1) This section applies if—

(a) the parent of a child, or a child, has appealed to the Tribunal under section 325, 328, 329 or 329A or paragraph 8(3) of Schedule 27 against a decision of a local authority, and

(b) the authority notifies the Tribunal that they have determined that they will not, or will no longer, oppose the appeal.

(2) The appeal is to be treated as having been determined in favour of the appellant.

(3) If an appeal is treated as determined in favour of the appellant as a result of subsection (2), the Tribunal is not required to make any order.

(4) Before the end of the prescribed period, the authority must—

(a) in the case of an appeal under section 325, make a statement under section 324 of the child’s educational needs,

(b) in the case of an appeal under section 328, 329 or 329A, make an assessment of the child’s educational needs,

(c) in the case of an appeal under paragraph 8(3) of Schedule 27 against a determination of the authority not to comply with the parent’s request, comply with the request.

(5) An authority required by subsection (4)(a) to make a statement under section 324 must maintain the statement under that section.

(6) In this section, “prescribed” means prescribed by regulations made by the Welsh Ministers—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Access for local authority to certain schools.

327

(1) This section applies where—

(a) a local authority maintain a statement for a child under section 324, and

(b) in pursuance of the statement education is provided for the child at a school maintained by another local authority or at an independent school or an alternative provision Academy that is not an independent school .

(2) Any person authorised by the local authority shall be entitled to have access at any reasonable time to the premises of any such school for the purpose of monitoring the special educational provision made in pursuance of the statement for the child at the school.

Reviews of educational needs.

328

(1) Regulations may prescribe the frequency with which assessments under section 323 are to be repeated in respect of children for whom statements are maintained under section 324.

(2) Where—

(a) the parent of a child for whom a statement is maintained under section 324 asks the local authority to arrange for an assessment to be made in respect of the child under section 323,

(b) no such assessment has been made within the period of six months ending with the date on which the request is made, and

the authority shall comply with the request.

(3) If in any case where subsection (2)(a) and (b) applies the authority determine not to comply with the request—

(a) they shall give notice in writing of that fact to the child’s parent, and

(b) the parent may appeal to the Tribunal against the determination.

(3A) A notice under subsection (3)(a) must inform the parent of the right of appeal under subsection (3)(b) and contain such other information as may be prescribed.

(3B) Regulations may provide that where a local authority are under a duty under this section to serve any notice, the duty must be performed within the prescribed period.

(4) On an appeal under subsection (3) the Tribunal may—

(a) dismiss the appeal, or

(b) order the authority to arrange for an assessment to be made in respect of the child under section 323.

(5) A statement under section 324 shall be reviewed by the local authority—

(a) on the making of an assessment in respect of the child concerned under section 323, and

(aa) where the child concerned—

(i) has been subject to a detention order, and

(ii) immediately before release was detained in relevant youth accommodation,

on the child's release from detention,

(b) in any event, within the period of 12 months beginning with the making of the statement or, as the case may be, with the previous review.

(6) Regulations may make provision—

(a) as to the manner in which reviews of such statements are to be conducted,

(b) as to the participation in such reviews of such persons as may be prescribed, and

Appeal against determination of local authority in England not to amend statement following review

328A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assessment of educational needs at request of child’s parent.

329

(1) Where—

(a) the parent of a child for whom a local authority are responsible but for whom no statement is maintained under section 324 asks the authority to arrange for an assessment to be made in respect of the child under section 323,

(b) no such assessment has been made within the period of six months ending with the date on which the request is made, and

the authority shall comply with the request.

(2) If in any case where subsection (1)(a) and (b) applies the authority determine not to comply with the request—

(a) they shall give notice in writing of that fact to the child’s parent, and

(b) the parent may appeal to the Tribunal against the determination.

(2A) A notice under subsection (2)(a) must inform the parent of the right of appeal under subsection (2)(b) and contain such other information as may be prescribed.

(3) On an appeal under subsection (2) the Tribunal may—

(a) dismiss the appeal, or

(b) order the authority to arrange for an assessment to be made in respect of the child under section 323.

Review or assessment of educational needs at request of responsible body

329A

(1) This section applies if—

(a) a child is a registered pupil at a relevant school (whether or not he is a child in respect of whom a statement is maintained under section 324),

(b) the responsible body asks the local authority to arrange for an assessment to be made in respect of him under section 323, and

(2) If it is necessary for the authority to make an assessment or further assessment under section 323, they must comply with the request.

(3) Before deciding whether to comply with the request, the authority must serve on the child’s parent a notice informing him—

(a) that they are considering whether to make an assessment of the child’s educational needs,

(b) of the procedure to be followed in making the assessment,

(d) of the parent’s right to make representations, and submit written evidence, to them before the end of the period specified in the notice (“the specified period”).

(4) The specified period must not be less than 29 days beginning with the date on which the notice is served.

(5) The authority may not decide whether to comply with the request until the specified period has expired.

(6) The authority must take into account any representations made, and any evidence submitted, to them in response to the notice.

(7) If, as a result of this section, a local authority decide to make an assessment under section 323, they must give written notice to the child’s parent and to the responsible body which made the request, of the decision and of their reasons for making it.

(8) If, after serving a notice under subsection (3), the authority decide not to assess the educational needs of the child—

(a) they must give written notice of the decision and of their reasons for making it to his parent and to the responsible body which made the request, and

(b) the parent may appeal to the Tribunal against the decision.

(9) A notice given under subsection (8)(a) to the child’s parent must—

(a) inform the parent of his right to appeal, and

(b) contain such other information (if any) as may be prescribed.

(10) On an appeal under subsection (8) the Tribunal may—

(a) dismiss it, or

(b) order the authority to arrange for an assessment to be made in respect of the child under section 323.

(11) This section applies to a child for whom relevant early years education is provided as it applies to a child who is a registered pupil at a relevant school.

(12) “Relevant school” means—

(a) a maintained school,

(b) a maintained nursery school,

(d) an independent school,

(da) an alternative provision Academy that is not an independent school,

(e) a school approved under section 342.

(13) “The responsible body” means—

(a) in relation to ... a pupil referral unit, the head teacher,

(b) in relation to any other relevant school, the proprietor or head teacher, and

(c) in relation to a provider of relevant early years education, the person or body of persons responsible for the management of the provision of that early years education.

(14) “Relevant early years education” has the same meaning as it has (in relation to Wales) in section 123 of the School Standards and Framework Act 1998 except that it does not include early years education provided by a local authority at a maintained nursery school.

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) “Prescribed”... means prescribed in regulations made by the Welsh Ministers.

330

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assessment of educational needs of children under two.

331

(1) Where a local authority are of the opinion that a child in their area who is under the age of two falls, or probably falls, within subsection (2)—

(a) they may, with the consent of his parent, make an assessment of the child’s educational needs, and

(b) they shall make such an assessment if requested to do so by his parent.

(2) A child falls within this subsection if—

(a) he has special educational needs, and

(b) it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.

(3) An assessment under this section shall be made in such manner as the authority consider appropriate.

(4) After making an assessment under this section, the authority—

(a) may make a statement of the child’s special educational needs, and

(b) may maintain that statement,

in such manner as they consider appropriate.

Duty of Local Health Board or National Health Service trust to notify parent etc.

332

(1) This section applies where an integrated care board, a Local Health Board ... , a National Health Service trust or an NHS foundation trust , in the course of exercising any of their functions in relation to a child who is under compulsory school age, form the opinion that he has (or probably has) special educational needs.

(2) The Board or other body —

(a) shall inform the child’s parent of their opinion and of their duty under paragraph (b), and

(b) after giving the parent an opportunity to discuss that opinion with an officer of the Board or other body , shall bring it to the attention of the appropriate local authority.

(3) If the Board or other body are of the opinion that a particular voluntary organisation is likely to be able to give the parent advice or assistance in connection with any special educational needs that the child may have, they shall inform the parent accordingly.

Appeals by children

Right of a child to appeal to the ... Tribunal

332ZA

(1) This section applies to the rights of a parent of a child to appeal to the ... Tribunal under any of the following provisions—

(a) section 325(2) (appeal against decision not to make statement);

(b) section 326(1) (appeal against contents of statement);

(d) section 329(2)(b) (assessment of educational needs at request of child's parent);

(e) section 329A(8)(b) (review of assessment of educational needs at request of responsible body);

(f) paragraph 8(3)(b) of Schedule 27 (change of named school);

(g) paragraph 11(2)(b) of Schedule 27 (ceasing to maintain a statement).

(2) The child may exercise the rights conferred on the parent in respect of that child.

(3) The child's rights are exercisable concurrently with the parent's rights.

(4) The exercise of rights under this section is subject to provision made by regulations under sections 332ZC and 336(1).

Notice and service of documents on a child

332ZB

(1) This section applies if a local authority ... is required to give notice to or serve a document on a parent of a child under any of the following provisions—

(a) section 325 (appeal against decision not to make statement);

(b) section 328 (reviews of educational needs);

(d) section 329A(8) (review or assessment of educational needs at request of responsible body);

(e) paragraph 3 of Schedule 26 (manner and timing of assessments);

(f) paragraph 2A of Schedule 27 (amendments to a statement);

(g) paragraph 2B(2) of Schedule 27 (provision of additional information);

(h) paragraph 6 of Schedule 27 (service of statement);

(i) paragraph 8 of Schedule 27 (change of named school);

(j) paragraph 11 of Schedule 27 (ceasing to maintain a statement).

(2) The local authority must give notice to, or serve the document on, the child as well as on the parent.

(3) Any provision applicable to notices given to or documents served on a parent applies equally to notices given to or documents served on a child.

Case friends ...

332ZC

(1) The Welsh Ministers may provide by regulations for a child to have a person (referred to in this Part as a “case friend”)—

(a) to make representations on behalf of a child with a view to avoiding or resolving disagreements about the exercise by local education authorities ... of functions under this Part, and

(b) to exercise the rights of a child under section 332ZA on the child's behalf.

(2) A child's case friend must—

(a) make representations and exercise rights fairly and competently,

(b) have no interest adverse to that of the child;

(c) ensure that all steps and decisions taken by the case friend are for the benefit of the child and take account of the child's views.

(3) Regulations made under this section may (among other things)—

(a) confer functions on the ... Tribunal;

(b) make provision about procedures in relation to case friends;

(d) specify the circumstances in which a person may or may not act as a case friend;

(e) specify the circumstances in which a child must have a case friend;

(f) specify further requirements in respect of the conduct of case friends.

General duties of local authorities

Advice and information for parents — England

332A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Advice and information ...

332AA

(1) A local authority ... must arrange for any child in their area with special educational needs, for a parent of any such child and for a case friend for any such child, to be provided with advice and information about matters relating to those needs.

(2) In making the arrangements, the authority must have regard to any guidance given by the Welsh Ministers.

(3) The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.

(4) The authority must take such steps as they consider appropriate for making the services provided under subsection (1) known to—

(a) children in their area,

(b) parents of children in their area,

(d) such other persons as they consider appropriate.

Resolution of disputes — England

332B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Resolution of disputes ...

332BA

(1) A local authority ... must make arrangements with a view to avoiding or resolving disagreements between—

(a) authorities and children in their area about the exercise by authorities of functions under this Part, and

(b) authorities and parents of children in their area about the exercise by authorities of functions under this Part.

(2) A local authority ... must also make arrangements with a view to avoiding or resolving, in each relevant school, disagreements between—

(a) a relevant child and the proprietor of the school about the special educational provision made for that child, and

(b) the parents of a relevant child and the proprietor of the school about the special educational provision made for that child.

(3) The arrangements must provide for the appointment of independent persons with the functions of facilitating the avoidance or resolution of such disagreements.

(4) In making the arrangements, the authority must have regard to any guidance given by the Welsh Ministers.

(5) The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.

(6) The authority must take such steps as they consider appropriate for making the arrangements under subsections (1) and (2) known to—

(a) children in their area,

(b) parents of children in their area,

(d) such other persons as they consider appropriate.

(7) The arrangements cannot affect the entitlement of a child or a parent of a child to appeal to the Tribunal, and the authority must take such steps as they consider appropriate to make that fact known to children, to parents of children and to case friends for children in their area.

(8) In this section—

“authorities” means the governing bodies of maintained schools and the local authority;

“relevant child” means a child who has special educational needs and is a registered pupil at a relevant school.

(9) For the purposes of this section a school is a relevant school in relation to a child if it is—

(a) a maintained school or a maintained nursery school,

(b) a pupil referral unit,

(d) a school approved under section 342.

Independent advocacy services ...

332BB

(1) Every local authority ... must—

(a) make arrangements for the provision of independent advocacy services in their area;

(b) refer any child in their area who requests independent advocacy services to a service provider;

(c) refer any person who is a case friend for a child in their area and who requests independent advocacy services to a service provider.

(2) In this section “independent advocacy services” are services providing advice and assistance (by way of representation or otherwise) to a child—

(a) making, or intending to make an appeal to the Tribunal under section 332ZA, or

(b) considering whether to appeal to the Tribunal under that section, or

(3) In making arrangements under this section, every local authority must have regard to the principle that any services provided under the arrangements must be independent of any person who is—

(a) the subject of an appeal to the Tribunal, or

(b) involved in investigating or adjudicating on such an appeal.

(4) The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.

(5) Every local authority ... must take such steps as they consider appropriate for making the arrangements under this section known to—

(a) children in their area,

(b) parents of children in their area,

(d) such other persons as they consider appropriate.

(6) The arrangements may include provision for payments to be made to, or in relation to, any person carrying out functions in accordance with the arrangements.

(7) A local authority must have regard to any guidance given from time to time by the Welsh Ministers.

...

Provision of information

332C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publication of information

332D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of sections 332C and 332D

332E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special Educational Needs Tribunal for Wales

Constitution of ... Tribunal.

333

(1Z) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1ZB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1) The ... Tribunal shall exercise the jurisdiction conferred on it by this Part.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The President and members of the panels.

334

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration and expenses.

335

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tribunal procedure.

336

(1) Regulations made by the Welsh Ministers may make provision about the proceedings of the ... Tribunal on an appeal under this Part and the initiation of such an appeal.

(2) The regulations may, in particular, include provision—

(a) as to the period within which, and the manner in which, appeals are to be instituted,

(b) where the jurisdiction of the ... Tribunal is being exercised by more than one tribunal—

(i) for determining by which tribunal any appeal is to be heard, and

(ii) for the transfer of proceedings from one tribunal to another,

(c) for enabling any functions which relate to matters preliminary or incidental to an appeal to be performed by the President, or by the chairman,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) for hearings to be conducted in the absence of any member other than the chairman,

(f) as to the persons who may appear on behalf of the parties,

(g) for granting any person such disclosure or inspection of documents or right to further particulars as might be granted by the county court,

(h) requiring persons to attend to give evidence and produce documents,

(i) for authorising the administration of oaths to witnesses,

(j) for the determination of appeals without a hearing in circumstances prescribed in the regulations,

(k) as to the withdrawal of appeals,

(l) for the award of costs or expenses,

(m) for taxing or otherwise settling any such costs or expenses (and, in particular, for enabling such costs to be taxed in the county court),

(n) for the registration and proof of decisions and orders, and

(o) for enabling the ... Tribunal to review its decisions, or revoke or vary its orders, in such circumstances as may be determined in accordance with the regulations.

(p) enabling the ... Tribunal to stay proceedings on an appeal, and

(q) for adding and substituting parties.

(2A) Proceeding before the ... Tribunal shall be held in private, except in circumstances prescribed in the regulations.

(3) The Welsh Ministers may pay such allowances for the purpose of or in connection with the attendance of persons at the ... Tribunal as the Welsh Ministers may determine.

(4) Part I of the Arbitration Act 1996 shall not apply to any proceedings before the ... Tribunal but regulations made by the Welsh Ministers may make provision corresponding to any provision of that Part.

(4A) Regulations made under subsection (1) may make provision for an appeal under this Part to be heard, in circumstances prescribed in the regulations, with a claim in relation to a contravention of Chapter 1 of Part 6 of the Equality Act 2010 so far as relating to disability..

(5) Any person who without reasonable excuse fails to comply with—

(a) any requirement in respect of the discovery or inspection of documents imposed by the regulations by virtue of subsection (2)(g), or

(b) any requirement imposed by the regulations by virtue of subsection (2)(h),

is guilty of an offence.

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A person guilty of an offence under subsection (5) ... is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Special Educational Needs Tribunal for Wales

336ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals from the ... Tribunal to the Upper Tribunal

336ZB

(1) A party to any proceedings under this Part before the ... Tribunal may appeal to the Upper Tribunal on any point of law arising from a decision made by the ... Tribunal in those proceedings.

(2) An appeal may be brought under subsection (1) only if, on an application made by the party concerned, the ... Tribunal or the Upper Tribunal has given its permission for the appeal to be brought.

(3) Section 12 of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this section as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the ... Tribunal.

Compliance with orders

336A

(1) If the Tribunal makes an order, the local authority concerned must comply with the order before the end of the prescribed period beginning with the date on which it is made.

(2) In subsection (1), “prescribed” means prescribed by regulations made by the Welsh Ministers with the agreement of the Secretary of State.

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter II — Schools providing for special educational needs

Interpretation

Special schools

337

(1) A school in England is a special school if it is specially organised to make special educational provision for pupils with special educational needs, and it is—

(a) maintained by a local authority,

(b) an Academy school, or

(2) A school in Wales is a special school if it is specially organised to make additional learning provision for pupils with additional learning needs and it is maintained by a local authority.

Interpretation of Chapter

337A

In this Chapter—

“a non-maintained special school” means a school that is approved under section 342;

Establishment etc. of special schools

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

338

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339

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

340

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

341

Approval of non-maintained special schools

Approval of non-maintained special schools.

342

(1) The Secretary of State may approve under this section any school in England which—

(a) is specially organised to make special educational provision for pupils with special educational needs, and

(b) is not a community or foundation special school or an Academy school,

and may give ... approval before or after the school is established.

(2) Regulations may make provision as to the requirements which are to be complied with as a condition of approval under subsection (1) above.

(3) Any school which was a special school immediately before 1st April 1994 shall be treated, subject to subsection (4) below, as approved under this section.

(4) Regulations may make provision as to—

(a) the requirements which are to be complied with by a school while approved under this section, and

(b) the withdrawal of approval from a school (including approval treated as given under subsection (3)) at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.

(5) Without prejudice to the generality of subsections (2) and (4), the requirements which may be imposed by the regulations include requirements—

(a) which call for arrangements to be approved by the Secretary of State, or

(b) as to the organisation of any special school as a primary school or as a secondary school.

(5ZA) Regulations made by virtue of subsections (2) and (4)(a) must impose—

(a) a requirement for an allergy safety policy (within the meaning of section 100A of the Children and Families Act 2014) to be in place at a school,

(b) requirements that correspond or are similar to the duties imposed by section 100A(4) to (6) of that Act (duty to review and publicise policy etc), and

(c) requirements that correspond or are similar to the duties imposed on the appropriate authority for a school by regulations under section 100B of that Act (allergy safety regulations),

and the requirement referred to in paragraph (a) includes a requirement for the policy to comply with provision made by regulations under section 100A(3) of that Act.

(5A) Regulations shall make provision for securing that, so far as practicable, every pupil attending a school in England that is approved under this section—

(a) receives religious education unless withdrawn from receiving such education in accordance with the wishes of the pupil's parent, and

(b) attends religious worship unless withdrawn from attendance at such worship—

(i) in the case of a sixth-form pupil, in accordance with the pupil's own wishes, and

(ii) in any other case, in accordance with the wishes of the pupil's parent.

(5B) In subsection (5A) “a sixth-form pupil” means a pupil who—

(a) has ceased to be of compulsory school age, and

(b) is receiving education suitable to the requirements of pupils over compulsory school age.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-maintained special schools in England: protection of pupils in an emergency

Application to justice of the peace: power to make regulations

342A

(1) Regulations may make provision conferring power on a justice of the peace, on the application of the Secretary of State, to make an order in an urgent case that a non-maintained special school in England should cease to be approved under section 342.

(2) Regulations under this section may in particular make provision corresponding, with or without modifications, to that made in—

(a) section 120(2) to (7) of the Education and Skills Act 2008 (emergency orders in relation to registered independent educational institutions), or

(b) section 122 of that Act (notification).

Non-maintained special schools in England: appeals

Appeal against decision of Secretary of State

342B

(1) Regulations may make provision for an appeal against a decision of the Secretary of State—

(a) to withdraw approval from a non-maintained special school in England by virtue of section 342(4)(b) (failure to comply with prescribed requirement) otherwise than at the request of the proprietor;

(b) not to approve, not to approve a change to, or to withdraw approval from, relevant arrangements in relation to such a school.

(2) In subsection (1)(b) “relevant arrangements” means arrangements that require the approval of the Secretary of State by virtue of section 342(5)(a).

(3) Regulations under this section must provide that an appeal brought by virtue of this section—

(a) lies to the First-tier Tribunal, and

(b) must be brought by the proprietor of the school in question.

(4) The regulations may in particular make provision, in the case of an appeal brought by virtue of subsection (1)(a), prohibiting the Secretary of State from acting on a decision to withdraw approval during the period in which—

(a) an appeal against the decision could be brought, or

(b) where an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.

Appeal against order of justice of peace

342C

(1) Regulations may make provision for an appeal against the making of an order by virtue of section 342A (order by justice of peace in an emergency).

(2) The regulations must provide that an appeal brought by virtue of this section—

(a) lies to the First-tier Tribunal, and

(b) must be brought by the proprietor of the school in question.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

343

Government etc. of special schools

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

344

Maintained special school becoming grant-maintained

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

345

Grouping of grant-maintained special schools

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

346

Independent schools providing special education

Approval of independent schools.

347

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of special education at non-maintained schools —Wales.

348

(1) This section applies where—

(a) special educational provision in respect of a child with special educational needs is made at a school which is not a maintained school,

(aa) the child is in the area of a local authority in Wales, and

(b) either the name of the school is specified in a statement in respect of the child under section 324 or the local authority are satisfied—

(i) that his interests require the necessary special educational provision to be made for him at a school which is not a maintained school, and

(ii) that it is appropriate for the child to be provided with education at the particular school.

(2) Where this section applies, the local authority shall pay the whole of the fees payable in respect of the education provided for the child at the school, and if—

(a) board and lodging are provided for him at the school, and

(b) the authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless the board and lodging are also provided,

the authority shall pay the whole of the fees payable in respect of the board and lodging.

(3) In this section “maintained school” means a school maintained by a local authority.

Variation of deeds

Variation of trust deeds etc. by order.

349

(1) The Secretary of State may by order make such modifications of any trust deed or other instrument relating to a school as, after consultation with the governing body or other proprietor of the school, appear to the Secretary of State to be necessary to enable the governing body or proprietor to meet any requirement imposed by—

(a) regulations under section 342 .... , or

(b) Academy arrangements.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Any modification made by an order under this section may be made to have permanent effect or to have effect for such period as may be specified in the order.

Part V — The Curriculum

Chapter I — Preliminary

Meaning of “maintained school” etc. in Part V.

350

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General duties in respect of the curriculum.

351

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Basic curriculum for every maintained school.

352

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter II — Secular education

The National Curriculum: general

The National Curriculum.

353

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The core subjects and other foundation subjects.

354

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The key stages.

355

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Establishment of the National Curriculum by order.

356

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Implementation of the National Curriculum in schools.

357

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The School Curriculum and Assessment Authority

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

358

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

359

The Curriculum and Assessment Authority for Wales

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

360

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

361

The National Curriculum: special cases

Development work and experiments.

362

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exceptions by regulations.

363

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pupils with statements of special educational needs.

364

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Temporary exceptions for individual pupils.

365

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information concerning directions under section 365.

366

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals against directions under section 365 etc.

367

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Curriculum: supplementary provisions

Procedure for making certain orders and regulations.

368

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Programmes of research etc. in relation to Wales.

369

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General functions of LEA, governing body and head teacher in relation to curriculum

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

370

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

371

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

372

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

373

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

374

Chapter III — Religious education and worship

Agreed syllabuses

Agreed syllabuses of religious education.

375

(1) Subject to the provisions of Schedule 31, any agreed syllabus in force immediately before the commencement of this Act shall continue to have effect.

(2) In this Act “agreed syllabus” means a syllabus of religious education—

(a) prepared before the commencement of this Act in accordance with Schedule 5 to the Education Act 1944 or after commencement in accordance with Schedule 31, and

(b) adopted by a local authority under that Schedule,

whether it is for use in all the schools maintained by them or for use in particular such schools or in relation to any particular class or description of pupils in such schools.

(3) Every agreed syllabus shall reflect the fact that the religious traditions in Great Britain are in the main Christian whilst taking account of the teaching and practices of the other principal religions represented in Great Britain.

(4) Any reference in this Act to an agreed syllabus adopted by a local authority includes a reference to an agreed syllabus deemed to be adopted by such an authority by virtue of paragraph 11 of Schedule 5 to the Education Act 1944 or paragraph 14 of Schedule 31; and accordingly, in relation to an agreed syllabus deemed to be so adopted, any reference to the date on which an agreed syllabus was adopted is a reference to the date of deemed adoption specified by the Secretary of State in a direction under that paragraph.

(5) Subsection (3) does not apply to any agreed syllabus adopted before 29th September 1988.

Required provision for religious education

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

376

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

377

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

378

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

379

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

380

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

381

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

382

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

383

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

384

Religious worship

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

385

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

386

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

387

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