Education Act 1996, section 325

Appeal against decision not to make statement

Part IV Special educational needs

(1)If, after making an assessment under section 323 of the educational needs of any child for whom no statement is maintained under section 324, the [F6 local authorityF6] do not propose to make such a statement, they shall give notice in writing of their decision, F515. . . to the child’s parent.

(2)In such a case, the child’s parent may appeal to the Tribunal against the decision.

[F516 (2A)A notice under subsection (1) must inform the parent of the right of appeal under subsection (2) and contain such other information as may be prescribed.

(2B)Regulations may provide that where a [F6 local authorityF6] are under a duty under this section to serve any notice, the duty must be performed within the prescribed period.F516]

(3)On an appeal under this section, the Tribunal may—

(a)dismiss the appeal,

(b)order the [F6 local authorityF6] to make and maintain such a statement, or

(c)remit the case to the authority for them to reconsider whether, having regard to any observations made by the Tribunal, it is necessary for the authority to determine the special educational provision which any learning difficulty the child may have calls for.

Definitions used in section 325 7

child

“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
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
the Tribunal

(5) In this Part ..., “the Tribunal”, in relation to an appeal, means the Special Educational Needs Tribunal for Wales.

Defined in s.313(5) · 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
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
special educational provision

“special educational provision”—

(a)

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;

(b)

in relation to a child in the area of a local authority in Wales, has the meaning given by section 312(4);

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

(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

Cases considering section 325 3

Dean & Anor v East Sussex County LEA

[2005] EWCA Civ 323 · 22 March 2005Interprets

Uses section 325 by analogy in distinguishing a remittal for reconsideration from an order requiring the authority to issue a prescribed amendment. (see para [36])

A & Ors v Essex County Council & Ors

[2007] EWHC 1652 (QB) · 13 July 2007

Identifies a statutory decision against which parents may appeal to SENDIST (see para [10]).

1 more judgment, and what each says about section 325, are in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. 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))
  2. F515Words in s. 325(1) repealed (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1)(6), 43(4)(e), Sch. 8 para. 6(1), 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
  3. F516Ss. 325(2A)(2B) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, s. 42(1), 43(4)(e), Sch. 8 para. 6(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt II (as amended by 2001/2614 art. 4); S.I. 2002/74, art. 5, Sch. Pt. II