Education Act 1996, Schedule 27, paragraph 2A

Copy of proposed statement

SCHEDULE 27 Making and maintenance of statements under section 324

F16822A(1)A [F6local authorityF6] shall not amend a statement except—

(a)in compliance with an order of the Tribunal,

(b)as directed by the Secretary of State under section 442(4), or

(c)in accordance with the procedure laid down in this Schedule.

(2)If, following a re-assessment review, a [F6local authorityF6] propose to amend a statement, they shall serve on the parent of the child concerned a copy of the proposed amended statement.

(3)Sub-paragraphs (3) and (4) of paragraph 2 apply to a copy of a proposed amended statement served under sub-paragraph (2) as they apply to a copy of a proposed statement served under paragraph 2(1).

(4)If, following a periodic review, a [F6local authorityF6] propose to amend a statement, they shall serve on the parent of the child concerned—

(a)a copy of the existing statement, and

(b)an amendment notice.

(5)If, at any other time, a [F6local authorityF6] propose to amend a statement, they shall proceed as if the proposed amendment were an amendment proposed after a periodic review.

(6)An amendment notice is a notice in writing giving details of the amendments to the statement proposed by the authority.

Definitions used in Schedule 27, paragraph 2A 7

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
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
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
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
amendment notice

“amendment notice” has the meaning given in paragraph 2A,

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

Cases considering Schedule 27, paragraph 2A 4

Dean & Anor v East Sussex County LEA

[2005] EWCA Civ 323 · 22 March 2005

Applies the restriction on LEA amendment of a statement, including amendment in compliance with a Tribunal order; it does not create a general appeal against that amendment. (see para [20])

Essex CC v DH

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

The court relied on paragraph 2A(1) as showing that a local authority may amend an existing statement only through specified routes, including the Schedule procedure. This supported the distinction between amendment and initial making (see paras [21]; [24]). The requirement to serve the existing statement and an amendment notice after periodic review supported the court’s conclusion that the statutory process amends a maintained statement rather than making a new one (see para [21]).

Haining v Warrington Borough Council

[2014] EWCA Civ 398 · 2 April 2014

The authority’s power to amend a statement at any time was identified as an additional mechanism for responding to changes in relevant expenditure. (see para [35])

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

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F1682Sch. 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
  2. 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))