Special Educational Needs and Disability Act 2001

As Enacted Cited authorities (175) Cited in Amendments (153) Related
JurisdictionUK Non-devolved
Citation2001 c. 10
Year2001
  • In the Education Act 1996 (“the 1996 Act”) , for section 316 substitute—
      (316) Duty to educate children with special educational needs in mainstream schools
    • “(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.
    • This section applies to a child with special educational needs who should be educated in a school.If no statement is maintained under section 324 for the child, he must be educated in a mainstream school.the wishes of his parent, orthe provision of efficient education for other children.a special school, ora city technology college,a city college for the technology of the arts, ora city academy.an independent school which is not a mainstream school, ora school approved under section 342,the local education authority,the head teacher of the school or, if the school is in Wales, its governing body,his parent, andany person whose advice is to be sought in accordance with regulations made under paragraph 2 of Schedule 26;he remains admitted to a special school, in prescribed circumstances, following an assessment under section 323 at that school;the local education authority,the head teacher of the school or, if the school is in Wales, its governing body, andhis parent;he is admitted to a community or foundation special school which is established in a hospital.section 348, orparagraph 3 of Schedule 27.to make a statement for a child under section 324, butnot to name in the statement the school for which a parent has expressed a preference under paragraph 3 of Schedule 27,A local education 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.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.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) .for England, by the Secretary of State,for Wales, by the National Assembly for Wales.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) .“Prescribed”, in relation to Wales, means prescribed in regulations made by the National Assembly for Wales.the local education authority,the school’s governing body, and in relation to a maintained nursery school or a pupil referral unit, means the local educationn authority.
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  • In the 1996...

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