Education Act 1996, section 322

Duty of certain bodies to help local authority

Part IV Special educational needs

(1)Where it appears to a [F6 local authorityF6] that [F491 another local authority, [[F492,F493 NHS EnglandF493] , [F494 an integrated care boardF494] orF492] a Local Health Board F495...F491] could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of [F496 that bodyF496] , specifying the action in question.

(2)[F497 A bodyF497] whose help is so requested shall comply with the request unless—

(a)they consider that the help requested is not necessary for the purpose of the exercise [F498 of those functions by the local authority that made the requestF498] , or

(b)subsection (3) applies.

(3)This subsection applies—

(a)in [F499 a case where the request is madeF499] of [[F500,F493 NHS EnglandF493] , [F501 an integrated care boardF501] orF500] a [F502 Local Health BoardF502] F503 ..., if [F504 that bodyF504] consider that, having regard to the resources available to them for the purpose of the exercise of their functions under the M4[F505 National Health Service Act 2006 or the National Health Service (Wales) Act 2006F505] , it is not reasonable for them to comply with the request, or

(b)in [F499 a case where the request is madeF499] of a local authority, if that authority consider that the request is not compatible with their own statutory or other duties and obligations or unduly prejudices the discharge of any of their functions.

(4)Regulations may provide that, where [F506 a local authority, [F493 NHS EnglandF493] , [F507 an integrated care boardF507] or a Local Health BoardF506] F508 ... are under a duty by virtue of subsection (2) to comply with a request to help a [F6 local authorityF6] in the making of an assessment under section 323 or a statement under section 324 of this Act, they must, subject to prescribed exceptions, comply with the request within the prescribed period.

F509(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 322 4

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
functions

“functions” includes powers and duties;

Defined in s.579(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
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 section 322 8

London Borough of Bromley v Special Educational Needs Tribunal & Others

[1999] EWCA Civ 3038 · 26 May 1999

Allows an LEA to request help from a Health Authority or local authority in exercising functions under Part IV. The court treated this as an indication that special educational provision may involve assistance from health and social-service authorities.

JD v South Tyneside Council

[2016] UKUT 9 (AAC) · 4 January 2016Limits

The court explained that a local authority may request NHS assistance in exercising SEN functions, but that power did not make NHS provision enforceable through Part 3. (see paras [14]-[15]) The court relied on the qualified NHS duty to comply with an assistance request as confirming that NHS provision could not be treated as provision enforceable under Part 3. (see para [15])

O v London Borough of Lewisham & Anor

[2007] EWHC 2130 (Admin) · 11 September 2007

Confirms that a local education authority may seek assistance and information from other public authorities, including information about costs or savings relevant to the section 9 assessment. The provision supports, but does not itself determine, the wider interpretation of public expenditure (see paras [21], [32], [37]).

1 more judgment, and what each says about section 322, are in the case-law panel in the full Act.

Amendments and notes

22 notes from legislation.gov.uk

Amendments

  1. F490S. 322 title substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(6)(a)
  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. F491Words in s. 322(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(6)(b)
  4. F492Words in s. 322(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(2)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  5. F493Words in s. 322 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  6. F494Words in s. 322(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 44; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  7. F495Words in s. 322(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  8. F496Words in s. 322(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(2)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  9. F497Words in s. 322(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  10. F498Words in s. 322(2)(a) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(6)(c)
  11. F499Words in s. 322(3) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(6)(d)
  12. F500Words in s. 322(3)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(4)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  13. F501Words in s. 322(3)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 44; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  14. F502Words in s. 322(3)(a) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 26(2)(c)
  15. F503Words in s. 322(3)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(4)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  16. F504Words in s. 322(3)(a) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(4)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  17. F505Words in s. 322(3)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 182 (with Sch. 3 Pt. 1)
  18. F506Words in s. 322(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(5)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  19. F507Words in s. 322(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 44; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  20. F508Words in s. 322(4) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(5)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  21. F509S. 322(5) repealed (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(6)(e), Sch. 3 Pt. 1

Marginal citations

  1. M41977 c. 49.