Education Act 1996, Schedule 27, paragraph 9

Procedure for amending or ceasing to maintain a statement

SCHEDULE 27 Making and maintenance of statements under section 324

9 (1) F1706,F1706A [F6local authorityF6] may not . . . cease to maintain, a statement except in accordance with paragraph . . . 11.

(2) Sub-paragraph (1) does not apply where the [F6local authorityF6] —

(a) cease to maintain a statement for a child who has ceased to be a child for whom they are responsible, [F1707orF1707]

F1708(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) F1709are ordered to cease to maintain a statement under section 326(3)(c), . . .

F1710(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in Schedule 27, paragraph 9 3

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
child

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

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

Cases considering Schedule 27, paragraph 9 6

Essex County Council v Williams

[2011] EWCA Civ 1315 · 15 November 2011Disapplies

The judgment applies paragraph 9 as restricting cessation of a statement except in the circumstances specified in paragraph 11, subject to paragraph 9(2) (see paras [23]; [26]; [42]). The judgment treats paragraph 9(1) as preventing cessation except in accordance with paragraph 11, subject to the specific exception in paragraph 9(2) (see paras [23]; [42]). The judgment applies paragraph 9(2) so that a statement may cease when the person is no longer a child for whom the authority is responsible. No formal decision under paragraph 11, and therefore no tribunal appeal, is required (see paras [26]-[27]; [42]-[43]).

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

[2008] EWCA Civ 661 · 16 June 2008Interprets

Cited only. Interprets paragraph 9(1) as imposing a general prohibition on ceasing to maintain a statement except in accordance with paragraph 11. It formed the starting point for the Court’s analysis of the relationship between paragraphs 9 and 11. (see paras [17]; [90]-[92]) Interprets paragraph 9(2) as applying to the normal case where the authority’s responsibility has ended and the statement has no continuing point, such as an agreed move into further education. It does not prevent paragraph 11 applying where schooling ended unexpectedly and continuing provision remains a live possibility. (see paras [93]-[109]; [112])

B, R (on the application of) v Metropolitan Borough Of Wirral & Anor

[2000] EWCA Civ 262 · 19 October 2000Limits

The court considered whether Schedule 27 applied to an amendment merely replicating a Tribunal order. It doubted that the procedure was intended for that situation, but held that the authority’s erroneous document had not purported to follow the procedure. (see paras [25], [38]-[39])

What each judgment says about Schedule 27, paragraph 9 is in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F1706Words in Sch. 27 para. 9(1) repealed (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, ss. 10, 42(6), Sch. 1 para. 16(g), Sch. 9 (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
  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))
  3. F1707Word in Sch. 27 para. 9(2)(a) inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 16(h)(i) (with s. 43(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
  4. F1708Sch. 27 para. 9(2)(b) omitted (1.1.2002 (E.) and 1.4.2002 (W.)) by virtue of 2001 c. 10, s. 10, Sch. 1 para. 16(h)(ii) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II, (as amended by 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II
  5. F1709Word in Sch 27 para. 9(2)(c) omitted (1.1.2002 (E.) and 1.4.2002 (W.)) by virtue of 2001 c. 10, s. 10, Sch. 1 para. 16(h)(ii) (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
  6. F1710Sch. 27 para 9(2)(d) omitted (1.1.2002 (E.) and 1.4.2002 (W.)) by virtue of 2001 c. 10, s. 10, Sch. 1 para. 16(h)(ii) (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