Review of arrangements
Part IV Special educational needs
(1)A [F6 local authorityF6] shall keep under review the arrangements made by them for special educational provision.
(2)In doing so the authority shall, to the extent that it appears necessary or desirable for the purpose of co-ordinating provision for children with special educational needs, consult [F449 the governing bodies of community, foundation and voluntary and community and foundation special schools [F450 and maintained nursery schools F450] in their area.F449] .
“local authority” means—
a local authority in England;
a local authority in Wales;
“special educational provision”—
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;
in relation to a child in the area of a local authority in Wales, has the meaning given by section 312(4);
(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“child” means a person who is not over compulsory school age;
Defined in s.579(1) · see it in the full Act“child” includes any person who has not attained the age of 19 and is a registered pupil at a school;
Defined in s.312(5) · see it in the full Act“special educational needs”—
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;
in relation to a child in the area of a local authority in Wales, has the meaning given by section 312;
(1) In this Act (subject to subsections (1A) to (1C) ) “school” means an educational institution which is outside the further education sector and the wider higher education sector and is an institution for providing—
(a)primary education,
(b)secondary education, or
(c)both primary and secondary education,
Defined in s.4(1) · see it in the full Act“maintained nursery school” has the meaning given by section 22(9) of the School Standards and Framework Act 1998 ;
Defined in s.579(1) · see it in the full ActThe court interprets section 315 as dealing with an authority’s general arrangements for special educational provision, rather than the review of provision for an individual pupil. It therefore had no relevance to the appeal (see paras [11]-[12]).
Section 315 is identified as requiring local authorities to keep their arrangements for special educational provision under review. (see para [12])
Cited as a precursor to the review obligations now reflected in section 27 of the Children and Families Act 2014 (see para [65]).
What each judgment says about section 315 is in the case-law panel in the full Act.