Relevant legislation, requirements, and weaknesses
| Relevant legislation | Requirements | Weaknesses identified |
|---|---|---|
| The 1993 Education Act requires the Secretary of State to issue a Code of Practice giving practical guidance to LEAs | All those to whom the Code applies have a statutory duty to have regard to it | |
| Sections 321 and 323 of the Education Act 1996 (assessments): section 324 (1) (statements)—formerly sections 165, 167, and 168 of the Education Act 1993 | LEAs must identify and make a statutory assessment of those children aged up to 19 who have special educational needs and who may need a statement. They must arrange and attend the first annual review, known as the transitional review, of a statement after the child’s 14th birthday | Children without a statement are not covered by this legislation |
| Section 6: 44 of the Code of Practice states that the LEA should convene the first annual review of the statement after the young person’s 14th birthday. | They must invite the child’s parents, teaching staff members, social services, careers service, and anyone else considered appropriate (including health service) | |
| The Chronically Sick and Disabled Persons Act 1978 and the Disabled Persons Act 1986, sections 5 and 6 | The LEA should seek information from SSDs as to whether a child with a statement is disabled and may require services from the local authority when leaving school. They must also inform SSD (if it is agreed that the child in question is disabled) between eight and 12 months before the expected school leaving date. The SSD must give an opinion as to whether each child with a statement at 14 plus is, or is not, disabled (based on the definitions in the 1948 National Assistance Act) or In Need (section 17 Children Act 1989) | Young people who remain in full time education after the age of 19 years and 8 months are not deemed to be leaving school |
| Children Act 1989, and the NHS and Community Care Act 1990 | SSDs are required to arrange a multidisciplinary assessment and provide care plans for children and adults with significant special needs | |
| Further and Higher Education Act 1992 | Further Education Funding Councils secure further education facilities and fund further education institutions. They must take into account the needs of students with learning difficulties and disabilities | There is no obligation on further education institutions to liaise with SSDs when the young person is due to leave their establishment |
LEA, Local Education Authority; SSD, Social Services Department.