Children, Schools and Families Act 2010

Linked as:

Extract

Children, Schools and Families Act 2010

An Act to make provision about children with disabilities or special educational needs, school and other education, and governing bodies’ powers; to make provision amending the Education Acts; to make provision about Local Safeguarding Children Boards; and to make provision about publication of information relating to family proceedings.

[8 th April 2010]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 Children and schools

Children with special educational needs etc

1 School inspections: pupils with disabilities or special educational needs

In section 5 of EA 2005 (duty to inspect certain schools in England at prescribed intervals) , after subsection (5) there is inserted—

“(5 A) In reporting on how far the education provided in a mainstream school meets the needs of the range of pupils at the school, the Chief Inspector must in particular consider the needs of—

(a) pupils who have a disability for the purposes of the Equality Act 2010;

(b) pupils who have special educational needs.

In this subsection a “mainstream school” is a school within subsection (2)(a) or (2)(c) to (f).”

2 Right of appeal against determination by local authority not to amend statement

After section 328 of EA 1996 (reviews of special educational needs) there is inserted—

“328 AAppeal against determination of local authority in England not to amend statement following review

(1) This section applies where a local authority in England—

(a) conduct a review of a statement in accordance with section 328(5)(b) , and

(b) determine not to amend the statement.

(2) The authority shall give written notice of the determination and of their reasons for making it to the parent of the child concerned.

(3) The parent may appeal to the Tribunal.

(4) Subsections (1 A) , (3) , (4) and (5) of section 326 apply to an appeal under this section as they apply to an appeal under that section, but with the omission of subsection (3)(c).

(5) A notice under subsection (2) must inform the parent of the right of appeal and of the period within which the right may be exercised...

See the full content of this document