Education Act 1996 Sch.27 para.2 – Copy of proposed statement

[^F1681 2 (1) Before making a statement, a [^F6 local authority^F6] shall serve on the parent of the child concerned a copy of the proposed statement.

(2) But that is subject to sub-paragraphs (3) and (4).

(3) The copy of the proposed statement shall not specify any prescribed matter.

(4) The copy of the proposed statement shall not specify any matter in pursuance of section 324(4).^F1681]

Definitions used in Schedule 27, paragraph 2 5

statement

“statement” means a statement under section 324,

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

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

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

Cases considering Schedule 27, paragraph 2 3

E v London Borough of Newham & Anor

[2003] EWCA Civ 9 · 20 January 2003Limits

The court considered the argument that parts 1 to 3 of the statement are prepared before the school is selected. It did not accept that this sequencing made the eventual special-school placement irrelevant to the permissible specificity of Part 3. (see paras [46]-[47]; [62]-[65])

TM v London Borough of Hounslow

[2009] EWCA Civ 859 · 11 June 2009

Paragraph 2 is identified as part of the process for serving a draft statement before finalisation. (see para [22])

Essex CC v DH

[2016] UKUT 463 (AAC) · 17 October 2016Interprets

The court contrasted the procedure before first making a statement with the separate amendment procedure after review. That contrast supported its construction of the statutory scheme (see paras [22]; [24]).

What each judgment says about Schedule 27, paragraph 2 is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

F1681Sch. 27 paras. 2-2B substituted for Sch. 27 para. 2 (15.6.2001 for E. for certain purposes and otherwise 1.1.2002 and 8.12.2001 for W. for certain purposes and otherwise 1.4.2002) by 2001 c. 10, s. 10, Sch. 1 para. 3 (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, arts. 4, 5, Sch. Pts. I, II
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))