Education Act 1996, Schedule 27, paragraph 11

Procedure for amending or ceasing to maintain a statement

SCHEDULE 27 Making and maintenance of statements under section 324

11 (1) A [F6local authorityF6] may cease to maintain a statement only if it is no longer necessary to maintain it.

(2) Where the [F6local authorityF6] determine to cease to maintain a statement—

(a) they shall give [F1712notice in writing of that factF1712] to the parent of the child, and

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

[F1713 (2A) A notice under sub-paragraph (2)(a) must inform the parent of the right of appeal under sub-paragraph (2)(b) and contain such other information as may be prescribed.F1713]

[F1714 (2B) Where the [F6 local authorityF6] determine to cease to maintain a statement following a periodic review or a re-assessment review, regulations may provide that a notice under sub-paragraph (2)(a) must be given within the prescribed period beginning with the date of the review.F1714]

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

(a) dismiss the appeal, or

(b) order the [F6local authorityF6] to continue to maintain the statement in its existing form or with such amendments of—

(i) the description in the statement of the authority’s assessment of the child’s special educational needs, or

(ii) the special educational provision specified in the statement,

and such other consequential amendments, as the Tribunal may determine.

(4) Except where [F1715the parent of the child appealsF1715][F1715 there is an appealF1715] to the Tribunal under this paragraph, a [F6local authorityF6] may only cease to maintain a statement under this paragraph within the prescribed period beginning with the service of the notice under sub-paragraph (2).

[F1716 (5) A [F6 local authorityF6] may not, under this paragraph, cease to maintain a statement if—

(a) [F1717 the parent of the child has appealedF1717] [F1717 there has been an appealF1717] under this paragraph against the authority’s determination to cease to maintain the statement, and

(b) the appeal has not been determined by the Tribunal or withdrawn.F1716]

Definitions used in Schedule 27, paragraph 11 10

local authority

“local authority” means—

(a)

a local authority in England;

(b)

a local authority in Wales;

Defined in s.579(1) · see it in the full Act
statement

“statement” means a statement under section 324,

Defined in Sch.27 para.1 · see it in the full Act
parent

(1) In this Act, unless the context otherwise requires, “parent”, in relation to a child or young person, includes any person—

(a)who is not a parent of his but who has parental responsibility for him, or

(b)who has care of him,

Defined in s.576(1) · see it in the full Act
child

“child” means a person who is not over compulsory school age;

Defined in s.579(1) · see it in the full Act
prescribed

(2) In sections 436C, 436E, 436F, 436I and paragraph 5 of Schedule 31A “prescribed” means—

(a)prescribed by regulations made by the Secretary of State in relation to England, and

(b)prescribed by regulations made by the Welsh Ministers in relation to Wales.

Defined in s.436S(2) · see it in the full Act

“prescribed” (except in Chapter 5A) means prescribed by regulations;

Defined in s.579(1) · see it in the full Act
periodic review

“periodic review” means a review conducted in accordance with section 328(5)(b), and

Defined in Sch.27 para.1 · see it in the full Act
re-assessment review

“re-assessment review” means a review conducted in accordance with section 328(5)(a).

Defined in Sch.27 para.1 · see it in the full Act
regulations

“regulations” ... means regulations made by the Secretary of State , except where otherwise stated or where the function of making the regulations has been transferred to the Welsh Ministers in relation to Wales ;

Defined in s.579(1) · see it in the full Act
special educational needs

“special educational needs”—

(a)

in relation to a child or person over compulsory school age but under 25 in the area of a local authority in England, has the meaning given by section 20(1) of the Children and Families Act 2014;

(b)

in relation to a child in the area of a local authority in Wales, has the meaning given by section 312;

Defined in s.579(1) · see it in the full Act
special educational provision

“special educational provision”—

(a)

in relation to a person in the area of a local authority in England, has the meaning given by section 21(1) and (2) of the Children and Families Act 2014;

(b)

in relation to a child in the area of a local authority in Wales, has the meaning given by section 312(4);

Defined in s.579(1) · see it in the full Act

(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.

Defined in s.312(4) · see it in the full Act

Cases considering Schedule 27, paragraph 11 8

Essex County Council v Williams

[2011] EWCA Civ 1315 · 15 November 2011

The judgment treats paragraph 11 as governing ordinary cessation where a statement is no longer necessary. It does not require its formal process where paragraph 9(2) applies (see paras [24]; [42]-[43]). The provision permits cessation under the ordinary route only where it is no longer necessary to maintain the statement. It was displaced by the separate operation of paragraph 9(2) after the age limit was reached (see paras [24]; [42]). The judgment recognises the parent’s right to appeal against an ordinary determination to cease maintaining a statement. That appeal route does not apply where paragraph 9(2) operates (see paras [24]-[25]; [42]-[43]).

Hill, R (on the application of) v Bedfordshire County Council

[2008] EWCA Civ 661 · 16 June 2008Interprets

Cited only. Interprets paragraph 11(1) as requiring that a statement be ceased only where it is no longer necessary to maintain it. That requirement applied to the Authority’s decision in the unusual circumstances of the case. (see paras [18]; [91]-[94]; [109]-[112]) Applies the notice requirement where the authority determines to cease maintaining a statement. The Authority had to notify Martin’s parents of the decision and their right of appeal to SENDIST. (see paras [92]; [109]-[113]) Applies the requirement to give written notice of the decision to cease maintaining the statement. The Authority’s descriptions of automatic lapse did not remove that obligation in the circumstances. (see paras [18]; [92]; [109]-[113]) Applies the requirement to notify the parent of the right to appeal to SENDIST. The Authority acted unlawfully by omitting that notification when it ceased to maintain the statement. (see paras [18]; [92]; [109]-[113]) Cited only. Cited only.

Dean & Anor v East Sussex County LEA

[2005] EWCA Civ 323 · 22 March 2005

Cited in explaining the separate appeal route where an authority proposes to cease maintaining a statement and the Tribunal orders that the statement be maintained. (see para [22]) Applies a parent’s appeal when the authority decides to cease maintaining a statement. (see para [22]) Applies the Tribunal’s powers on that appeal, including dismissal or ordering the authority to maintain the statement in existing or amended form. (see para [22]) Cited only. Interprets the exclusion of appeals against amendments ordered under this provision; that treatment confirms no second appeal against a Tribunal-directed amendment under section 326(3)(b). (see paras [22]-[28])

What each judgment says about Schedule 27, paragraph 11 is in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F6Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
  2. F1712Words in Sch. 27 para. 11(2)(a) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 10(1) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II
  3. F1713Sch. 27 para. 11(2A) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 10(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II
  4. F1714Sch. 27 para. 11(2B) inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 174(3)(b), 188(2) (with s. 174(4))
  5. F1715Words in Sch. 27 para. 11(4) substituted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 26(3), Sch. para. 5(b) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(m)
  6. F1716Sch. 27 para. 11(5) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 6 (with s. 42(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II
  7. F1717Words in Sch. 27 para. 11(5)(a) substituted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 26(3), Sch. para. 5(c) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(m)