.

    Further, Section 313 (2) of the 1996 Act gives LEAs a duty to have regard to the provision of the The Code of Practice on the Identification and Assessment of Special Educational Needs issued by the Secretary of State, giving 'practical guidance in respect of the discharge by local education authorities ... of their (SEN) functions'.

    This 1994 Code of Practice states in Section 3:3:

    An assessment ... should be undertaken only if the authority believe that they need or probably need to determine the child's special educational provision themselves by making a statement. But statutory assessment will not always lead to a statement.

    Statements of SEN

    As the Statementing procedure is designed to facilitate the LEA in deciding what educational provision it needs to make, it is unlikely to be appropriate to home-educating families who are making their own arrangements.

    Section 324 (1) states that

      If, in the light of an assessment under section 323 ... it is necessary for the local educational authority to determine the special educational provision which any learning difficulty ...calls for, the authority shall make and maintain a statement of his special educational needs.

    This means that a child who is new to home education, may already have a statement of special educational needs in place.

    Section 324 (5) states

      Where a local education authority maintain a statement under this section, then - a) unless the child's parent has made suitable arrangements, the authority -
      shall arrange that the special educational provision specified in the statement is made for the child

    Suitable arrangements include fulfilling their Section 7 duty by home education. Therefore, if a parent notifies the authority that they are providing education 'otherwise', the LEA no longer have a duty to maintain a statement of special educational needs.

    Where a statementing procedure is embarked upon, the LEA has a duty to honour the rights of parents detailed in Section 326 and Schedule 27 of the 1996 Education Act and to inform the parent of those rights. An LEA may also consider issuing a `note in lieu of statement' as described in The Secretary of State's Code of Practice, where they perceive that it is not necessary for them to provide for the child's special educational needs themselves.

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