Education Act 1996, section 329

Assessment of educational needs at request of child’s parent

Part IV Special educational needs

(1)Where—

(a)the parent of a child for whom a [F6 local authorityF6] are responsible but for whom no statement is maintained under section 324 asks the authority to arrange for an assessment to be made in respect of the child under section 323,

(b)no such assessment has been made within the period of six months ending with the date on which the request is made, and

(c)it is necessary for the authority to make an assessment under that section,

the authority shall comply with the request.

(2)If in any case where subsection (1)(a) and (b) applies the authority determine not to comply with the request—

(a)they shall give [F536 notice in writing of that factF536] to the child’s parent, and

(b)the parent may appeal to the Tribunal against the determination.

[F537 (2A)A notice under subsection (2)(a) must inform the parent of the right of appeal under subsection (2)(b) and contain such other information as may be prescribed.F537]

(3)On an appeal under subsection (2) the Tribunal may—

(a)dismiss the appeal, or

(b)order the authority to arrange for an assessment to be made in respect of the child under section 323.

Definitions used in section 329 5

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

“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
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

Cases considering section 329 4

SC & Anor v Worcestershire County Council

[2016] UKUT 267 (AAC) · 27 May 2016

The provision gives a parent a right to request a statutory assessment. It forms part of the procedural route to an appeal against a refusal to assess. (see para [34]) Confers a right of appeal to the Tribunal against a refusal to assess. (see para [34]) Sets out the Tribunal’s power to dismiss an appeal or order an assessment. (see para [34])

A & Ors v Essex County Council & Ors

[2007] EWHC 1652 (QB) · 13 July 2007

Describes the parent’s ability to initiate an assessment by requesting one under section 323 (see para [5]). Identifies one statutory decision against which parents may appeal to SENDIST (see para [10]).

A, R (on the application of) v Borough of Lambeth & Anor

[2005] EWHC 862 (Admin) · 29 April 2005

Applies the provision enabling a parent to request an assessment where no statement is maintained, subject to the statutory necessity for an assessment under section 324 (see para [6]). Applies the appeal mechanism available when the local education authority does not comply with a parental request for assessment (see para [6]).

1 more judgment, and what each says about section 329, 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. F536Words in s. 329(2)(a) inserted (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), 43(4)(e), Sch. 8 para. 8(1) (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. F537S. 329(2A) inserted (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), 43(4)(e), Sch. 8 para. 8(2) (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