Education (Special Educational Needs) Regulations 1994
| Jurisdiction | UK Non-devolved |
1994 No. 1047
EDUCATION, ENGLAND AND WALES
The Education (Special Educational Needs) Regulations 1994
Made 7th April 1994
Laid before Parliament 13th April 1994
Coming into force 1st September 1994
In exercise of the powers conferred on the Secretary of State by sections 166(4), 168(2), 172(6), 301(6) of, and paragraphs 2 and 3 of Schedule 9 and paragraphs 5, 7, and 8 of Schedule 10 to the Education Act 19931, and by section 19 and paragraphs 1 and 3 of Schedule 1 to the Education Act 19812the Secretary of State for Education, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:
PART I
GENERAL
Title and commencement
1. These Regulations may be cited as the Education (Special Educational Needs) Regulations 1994 and shall comeinto force on 1st September 1994.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Education Act 1993;
“authority” means a local education authority;
“district health authority” has the same meaning as in the National Health Service Act 19773;
“head teacher” includes any person to whom the duties or functions of a head teacher under these Regulations havebeen delegated by the head teacher in accordance with regulation 3;
“social services authority” means a local authority for the purposes of the Local Authority Social Services Act 19704acting in the discharge of such functions as are referred to in section 2(1) of that Act;
“target” means the knowledge, skills and understanding which a child is expected to have by the end of a particularperiod;
“transition plan” means a document prepared pursuant to regulation 16(9) or 17(9) which sets out the arrangements which an authority consider appropriate for a young person during the period when he is aged 14 to 19 years, including arrangements for special educational provision and for any other necessary provision, for suitable employment and accommodation and for leisure activities, and which will facilitate a satisfactory transition from childhood to adulthood;
“working day” means a day other than a Saturday, Sunday, Christmas Day, Good Friday or Bank Holiday within the meaning of the Banking and Financial Dealings Act 19715;
“the 1981 Act” means the Education Act 19816;
“the 1983 Regulations” means the Education (Special Educational Needs) Regulations 19837.
(2) In these Regulations any reference to the district health authority or the social services authority is, in relationto a particular child, a reference to the district health authority or social services authority in whose area that child lives.
(3) Where a thing is required to be done under these Regulations—
(a)
(a) within a period after an action is taken, the day on which that action was taken shall not be counted in the calculationof that period; and
(b)
(b) within a period and the last day of that period is not a working day, the period shall be extended to include thefollowing working day.
(4) References in these Regulations to a section are references to a section of the Act.
(5) References in these Regulations to a regulation are references to a regulation in these Regulations andreferences to a Schedule are references to the Schedule to these Regulations.
Delegation of functions
3. Where a head teacher has any functions or duties under these Regulations he may delegate those functions orduties—
(a) generally to a member of the staff of the school who is a qualified teacher, or
(b) in a particular case to a member of the staff of the school who teaches the child in question.
Service of documents
4.—(1) Where any provision in Part III of the Act or in these Regulations authorises or requires any document to be served or sent to a person or any written notice to be given to a person the document may be served or sent or thenotice may be given by properly addressing, pre-paying and posting a letter containing the document or notice.
(2) For the purposes of this regulation, the proper address of a person is—
(a)
(a) in the case of the child’s parent, his last known address;
(b)
(b) in the case of a head teacher or other member of the staff of a school, the school’s address;
(c)
(c) in the case of any other person, the last known address of the place where he carries on his business, profession orother employment.
(3) Where first class post is used, the document or notice shall be treated as served, sent or given on the secondworking day after the date of posting, unless the contrary is shown.
(4) Where second class post is used, the document or notice shall be treated as served, sent or given on the fourthworking day after the date of posting, unless the contrary is shown.
(5) The date of posting shall be presumed, unless the contrary is shown, to be the date shown in the post-markon the envelope in which the document is contained.
PART II
ASSESSMENTS
Notices relating to assessment
5.—(1) Where under section 167(1) or 174(2) an authority give notice to a child’s parent that they propose to make an assessment, or under section 167(4) give notic to a child’s parent of their decision to make an assessment, they shallsend copies of the relevant notice to—
(a)
(a) the social services authority,
(b)
(b) the district health authority, and
(c)
(c) if the child is registered at a school, the head teacher of that school.
(2) Where a copy of a notice is sent under paragraph (1) an endorsement on the copy or a notice accompanyingthat copy shall inform the recipient what help the authority are likely to request.
(3) Where under section 172(2) or 173(1) a child’s parent asks the authority to arrange for an assessment to be made the authority shall give notice in writing to the persons referred to in paragraph (1)(a) to (c) of the fact that the requesthas been made and inform them what help they are likely to request.
Advice to be sought
6.—(1) For the purpose of making an assessment under section 167 an authority shall seek—
(a)
(a) advice from the child’s parent;
(b)
(b) educational advice as provided for in regulation 7;
(c)
(c) medical advice from the district health authority as provided for in regulation 8;
(d)
(d) psychological advice as provided for in regulation 9;
(e)
(e) advice from the social services authority; and
(f)
(f) any other advice which the authority consider appropriate for the purpose of arriving at a satisfactory assessment.
(2) The advice referred to in paragraph (1) shall be written advice relating to—
(a)
(a) the educational, medical, psychological or other features of the case (according to the nature of the advice sought)which appear to be relevant to the child’s educational needs (including his likely future needs);
(b)
(b) how those features could affect the child’s educational needs, and
(c)
(c) the provision which is appropriate for the child in light of those features of the child’s case, whether by way of special educational provision or non-educational provision, bu not relating to any matter which is required to be specified in astatement by virtue of section 168(4)(b).
(3) A person from whom the advice referred to in paragraph (1) is sought may in connection therewith consult such persons as it appears to him expedient to consult; and he shall consult such persons, if any, as are specified in the particularcase by the authority as persons who have relevant knowledge of, or information relating to, the child.
(4) When seeking the advice referred to in paragraph (1)(b) to (f) an authority shall provide the person from whom it is sought with copies of—
(a)
(a) any representations made by the parent, and
(b)
(b) any evidence submitted by, or at the request of, the parent under section 167(1)(d).
(5) The authority need not seek the advice referred to in paragraph (1)(b), (c), (d), (e) or (f) if—
(a)
(a) the authority have obtained advice under paragraph (1)(b), (c), (d), (e) or (f) respectively within the preceding 12 months,and
(b)
(b) the authority, the person from whom the advice was obtained and the child’s parent are satisfied that the existingadvice is sufficient for the purpose of arriving at a satisfactory assessment.
Educational advice
7.—(1) The educational advice referred to in regulation 6(1)(b) shall, subject to paragraphs (2) to (5), be sought—
(a)
(a) from the head teacher of each school which the child is currently attending or which he has attended at any time withinthe preceding 18 months;
(b)
(b) if advice cannot be obtained from a head teacher of a school which the child is currently attending (because the child is not attending a school or otherwise) from a person who the authority are satisfied has experience of teaching children with special educational needs or knowledge of the differing provision which may be called for in different cases to meet thoseneeds;
(c)
(c) if the child is not currently attending a school and if advice obtained under subparagraph (b) is not advice from sucha person, from a person responsible for educational provision for him; and
(d)
(d) if any of the child’s parents is a serving member of Her Majesty’s armed forces, from the Service Children’s Education Authority.
(2) The advice sought as provided in paragraph (1) shall not be sought from any person who is not a qualified teacher within the meaning of section 218 of the Education Reform Act 19888.
(3) The advice sought from a head teacher as provided in paragraph (1)(a) shall, if the head teacher has not himself taught the child within the preceding 18 months, be advice given after consultation with a teacher who has so taught the child.
(4) The advice sought from a head teacher as provided in paragraph (1)(a) shall include advice relating to the steps which have been taken by the school to identify and assess the special educational needs of the child and to make provisionfor...
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