Citation and commencement

1. This Order may be cited as the New Woodlands School Order 2007 and comes into force on 1st October 2007

Interpretation

2. In this Order—

“the 1996 Act” means the Education Act 1996( 3 );

“the 2001 Regulations” means the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001( 4 );

“the 2006 Regulations” means the Education (Pupil Registration) (England) Regulations 2006( 5 );

“the authority” means the Council of the London Borough of Lewisham; and

“the School” means the community special school known as New Woodlands School and located at Shroffold Road, Downham, Bromley, Kent, BR1 5PD.

Relaxation of requirements for admission to a special school

3. The requirements in the following provisions are, in relation to the authority, and the governing body and the head teacher of the School, relaxed—

(a) in paragraph (c) of section 316A(2) of the 1996 Act, the requirement for there to be a change in the child’s circumstances before a child with special educational needs can be admitted to a special school with the agreement of the persons referred to in that paragraph thereby relaxing the requirement in section 316 of that Act for him to be educated in a mainstream school;

(b) in sub-paragraph (c) of regulation 12A(1) of the 2001 Regulations, the requirement for there to be a change in the child’s circumstances before a child can be admitted to a maintained special school with the agreement of the persons referred to in that sub-paragraph.

Modification

4. In relation to any other local education authority that—

(a) maintain in respect of a pupil a statement of special educational needs made under Part IV of the 1996 Act which either specifies the School, or specifies provision of a description provided at the School; or

(b) have made arrangements for the provision of suitable education at school for a pupil under section 19 of the 1996 Act resulting in the attendance of such a pupil at the School,

paragraph (c) of section 316A(2) of the 1996 Act and sub-paragraph (c) of regulation 12A(1) of the 2001 Regulations, as they apply to the admission of that pupil to the School, are modified so that they have effect as if “following a change in his circumstances,” were omitted.

5. In its application to the governing body of the School and the proprietor of any other school which is a qualifying body at which a registered pupil at the School is also a registered pupil, regulation 8 of the 2006 Regulations is modified so that it has effect as if—

(a) at the beginning of each of sub-paragraphs (b) and (c) of paragraph (1), there were inserted “subject to paragraph (1A)”; and

(b) after paragraph (1) there were inserted the following paragraph—

“ (1A) Nothing in sub-paragraphs (b) or (c) of paragraph (1) permits the deletion of the name of a pupil from the admission register of a school (other than New Woodlands School) which is a qualifying body within the meaning of Part 1 of the Education Act 2002, on the ground that the pupil has been or is registered as a pupil at New Woodlands School, unless the proprietors of that school and New Woodlands School, the local education authority responsible for the pupil and the pupil’s parent have agreed that the pupil’s name should be so deleted. ” .

6. In its application to the governing body of the School, regulation 8(1) of the 2006 Regulations is modified so that it has effect as if after sub-paragraph (c) there were inserted the following sub-paragraph—

“ (ca) that 12 months have elapsed since the admission of a pupil to New Woodlands School, where the pupil has been admitted pursuant to sub-paragraph (1)(c) of regulation 12A of the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 as modified by the New Woodlands School Order 2007, that is to say, without there being a change in his circumstances; ” .

7. In relation to the authority, or any other local education authority that—

(a) maintain a statement of special educational needs made under Part IV of the 1996 Act which either specifies the School, or specifies provision of a description provided at the School; or

(b) have made arrangements for the provision of suitable education at school for a pupil under section 19 of the 1996 Act resulting in the attendance of such a pupil at the School,

paragraph (3) (review of admission to a maintained special school) of regulation 12A of the 2001 Regulations is modified, as it applies to registered pupils at the School, so that it has effect as if for “at the end of every term” there were substituted “within the period of 12 months beginning with the date of admission and at least once within each subsequent 12 month period.”.

Time period

8. This Order has effect until 30th September 2010.