Citation, commencement and application

1. —(1) These Regulations may be cited as the Education (Special Educational Needs) (England) (Consolidation) (Amendment) Regulations 2006 and come into force on 1 March 2007.

(2) These Regulations apply in relation to England only.

Amendments

2.The Education (Special Educational Needs) (England) (Consolidation) Regulations 2001( 3 ) (“the principal Regulations”) are amended in accordance with Regulations 3 to 17.

Definitions in the principal Regulations

3. —(1) In the definition of “early education provider” in regulation 2(1) for “relevant nursery education” substitute “relevant early years education”.

(2) After the definition of “head teacher” in regulation 2(1), insert the following definitions—

“ “infant school” means a primary school for the purpose of providing education for children who are of compulsory school age but have not attained the age of eight even though it may also provide education for children below compulsory school age;

“junior school” means a primary school for the purpose of providing education for children who are of compulsory school age who have attained the age of eight;

“maintained special school” means a community or foundation special school; ”

(3) After the word “Needs” in the definition of “Tribunal” in regulation 2(1) insert “and Disability”.

(4) In the entry in the second column of the table relating to the definition of “qualified teacher” in regulation 2(2) for “section 218 Education Reform Act 1988” substitute “section 132(1) of the Education Act 2002( 4 )”.

(5) For the definition “relevant nursery education” in the first column of the table in regulation 2(2) substitute “relevant early years education” and for “section 509A(5) of the Act” in the entry in the second column of that table substitute “section 509A(5)(a) of the Act( 5 )”.

Religious education

4. After regulation 5 insert the following new regulation—

“ Religious Education

5A. Arrangements shall be made to secure that, so far as practicable, every pupil attending a maintained special school will attend daily collective worship and receive religious education, or will be withdrawn from attendance at such worship or from receiving such education in accordance with the wishes of his parent. ” .

Notice relating to assessment

5. —(1) For regulation 6(1)(b) substitute—

“ (b) section 323(4) or 329A(7) applies and an authority give notice to a child’s parent of their decision to make an assessment. ” .

(2) In regulation 6(6)(a) omit “(b)”.

Educational advice

6. For regulation 8(1)(c) substitute—

“ (c) if the child is not currently attending a school and advice cannot be obtained under sub-paragraph (b), from a person responsible for educational provision for him, and ” .

Time limits and prescribed information

7. —(1) Immediately before “within 6 weeks” in paragraph (1) of regulation 12 insert “no earlier than the period specified in that notice pursuant to section 323(1)(d) and”.

(2) For paragraph (3) of regulation 12 substitute—

“ (3) Where section 329A(3) applies and an authority serve a notice on a child’s parent informing him that they are considering a request from a responsible body that an assessment of a child be made, they shall, no earlier than the end of the period specified in the notice pursuant to section 329A(3)(d) and within 6 weeks of receipt of the request, give notice to that body—

(a) of their decision to make an assessment, and of their reasons for making that decision, or

(b) of their decision not to assess the educational needs of the child, and of their reasons for making that decision. ” .

(3) In paragraph (4) of regulation 12 for “Where section 329A applies an authority shall, within 6 weeks of the date of receipt of a request from a responsible body that an assessment of a child be made, give notice to the child’s parent—” substitute—

“ Where section 329A(7) or (8) applies and an authority have served a notice on the parent under section 329A(3) that they are considering a request from a responsible body that an assessment of a child be made, they shall, no earlier than the end of the specified period in that notice pursuant to section 329A(3)(d) and within 6 weeks of the date of receipt of the request, give notice to the child’s parent— ” .

Admission to Special Schools

8. After regulation 12 insert the following regulation—

“ Admission to Special Schools

12A. —(1) Subject to paragraph (2) below no child shall be admitted to a maintained special school unless—

(a) a statement is maintained for him;

(b) he is admitted for the purposes of an assessment and his admission to the school is with the agreement of the authority, the head teacher of the school, the child’s parent and any person whose advice is to be sought in accordance with regulation 7; or

(c) he is admitted following a change in his circumstances, with the agreement of the authority, the head teacher of the school and the child’s parent.

(2) A child may only be admitted to a special school established in a hospital if he requires hospital treatment.

(3) The admission of a child to a maintained special school in accordance with paragraph (1)(c) shall be reviewed by the authority at the end of every term. ” .

Notice to be served in addition to amendment notice

9. For regulation 15 and its accompanying heading “Notice accompanying an amendment notice”, substitute—

“ Notice to be served in addition to amendment notice

15. Where an authority serve an amendment notice under paragraph 2A(4) of Schedule 27, the notice which the authority must also serve under paragraph 2B(2) of that Schedule shall contain the information specified in Part B of Schedule 1 to these Regulations. ” .

Phase transfers between infant school and junior school

10. For paragraph (2)(a) of regulation 19 substitute—

“ (aa) infant school to junior school;

(ab) primary school to middle school; ” .

Transfer of statements

11. For regulation 23(2) substitute—

“ (2) The old authority, within 15 working days beginning with the day on which they are informed of the move, shall transfer the statement to the new authority. ” .

Restriction on disclosure of statements

12. —(1) For regulation 24(1)(i) substitute—

“ (i) to Her Majesty’s Chief Inspector of Schools in England, any one of Her Majesty’s Inspectors of Schools in England, any additional inspector and any other member of the staff of Her Majesty’s Chief Inspector of Schools in England exercising the right to inspect and take copies of a statement in accordance with section 4(2)(c) or 10(1)(e) of, or paragraph 5 of Schedule 1 to, the Education Act 2005 ( 6 ) ; ” .

(2) After sub-paragraph (j) of regulation 24(1) omit “or” and after sub-paragraph (k) of that paragraph omit the full stop and add—

“ , or

(l) to a Secure Training Centre for the purposes of the performance of its duties under rule 28 of the Secure Training Centre Rules 1998 ( 7 ) . ” .

(3) In regulation 24(4) insert “a” between “such” and “statement”.

Compliance with Tribunal Orders

13. —(1) For regulation 25(2)(a) substitute—

“ (a) to make an assessment, the authority shall within 4 weeks notify the child’s parent under section 323(4) or as the case may be section 329A(7) that they will make an assessment; ” .

(2) For regulation 25(2)(b) substitute—

“ (b) to make and maintain a statement, the authority shall serve a proposed statement within 5 weeks; ” .

(3) In sub-paragraph (d) of regulation 25(2) for the words “serve an amendment notice under paragraph 2A of Schedule 27” substitute the words “amend the statement”.

(4) In sub-paragraph (f) of regulation 25(2) for the words “shall serve an amendment notice on the child’s parent under paragraph 2A of Schedule 27” substitute the words “amend the statement”.

(5) For paragraph (3) of regulation 25 substitute—

“ (3) In each case the period shall begin with the date on which the order is made. ” .

Compliance with parents’ requests when an authority concedes an appeal to the Tribunal

14. —(1) For regulation 26(1)(a) substitute—

“ (a) in the case of an appeal under section 325, serve a proposed statement within 5 weeks; ” .

(2) For regulation 26(1)(b) substitute—

“ (b) in the case of an appeal under section 328, 329 or 329A to make an assessment, the authority shall within 4 weeks notify the child’s parent under section 323(4) or as the case may be section 329A(7) that they will make an assessment; ” .

(3) For regulation 26(2) substitute—

“ (2) In each case the period shall begin on the day on which the authority notifies the Tribunal that they have determined that they will not, or will no longer, oppose the appeal. ” .

Notices accompanying a proposed statement or proposed amended statement

15. For Part A of Schedule 1 substitute—

“ PART A

”

Notice to be served in addition to amendment notice

16. For Part B of Schedule 1 substitute—

“ PART B

”

Appendix G of statement of special educational needs

17. —(1) After paragraph (e) of regulation 16 add the following paragraph—

“ (f) have appended to it, in its Appendix G, together with the advice about the child obtained by the authority since the last assessment of the child was made under section 323 of the Education Act 1996—

(i) in the case of a statement falling within paragraph (e)(i) of this regulation—

(aa) where the review was one to which regulation 20 or 21 applied, a copy of the report prepared by the head teacher for the purposes of regulation 18(3), 20(2) or 21(2) as the case may be, a copy of the written record of the decisions of the authority and any written recommendations for amendment to a transition plan, made under regulation 20(13) or 21(13), as the case may be,

(bb) where the review was one to which regulation 22 applied, a copy of the report prepared by the authority under regulation 22(2) and (7), a copy of the written recommendations, new transition plan (where the review is the first commenced after the child has commenced his tenth year of compulsory education) or where a plan exists, the plan as may have been amended, under regulation 22(9),

(ii) in the case of a statement falling within paragraph (e)(ii) of this regulation, the advice and information which the authority has relied on in reviewing the statement,

(iii) in the case of a statement falling within paragraph (e)(iii) of this regulation, a copy of the order of the Tribunal, and

(iv) in the case of a statement falling within paragraph (e)(iv) of this regulation, a copy of the direction of the Secretary of State. ” .

(2) In paragraph 2 of Schedule 2 for “(In making this statement the authority have taken into account the additional representations, evidence and advice set out in Appendix G to this statement).”, substitute “(In making this statement the authority have taken into account the information set out in Appendix G to this statement.)”.

(3) For the final paragraph of Schedule 2, “[ Here set out the advice about the child obtained by the authority since the last assessment of the child under section 323 of the Act was made ]”, substitute “[ Here append the information specified in regulation 16(f) .]”.

Revocations

18.Regulations 18 and 19 of the Education (Maintained Special Schools) (England) Regulations 1999( 8 ) are omitted.

Transitional provisions

19. —(1) The amendment made by regulation 10 of these Regulations shall not apply to a transfer between the infant school and junior school phases of schooling occurring before the calendar year 2008.

(2) Where immediately before 1st March 2007—

(a) an order of the Tribunal requires an authority to perform an action referred to in regulation 25(2)(a) or (b) of the principal Regulations; or

(b) an appeal to the Tribunal is treated as having been determined in favour of the parent making it in the cases referred to in regulation 26(1)(a) or (b) of the principal Regulations;

those Regulations shall continue to apply in relation to that order or appeal as they had effect immediately before 1st March 2007.

(3)Regulation 17 of these Regulations applies only to statements made or amended after 1st March 2007.

Modifications applying while the Childcare Act 2006 is not in force

20. —(1) During such time as paragraph 23 of Schedule 2 to the Childcare Act 2006( 9 ) is not in force in relation to England, these Regulations apply with the modifications in paragraph (2) .

(2) The provisions of regulation 3(1) and (5)have no effect.