§ Mr. MillsTo ask the Secretary of State for Education and Employment what assessment he has made of the effects of the Children Act 1994 Special Educational Needs Regulation 4 (14) (Special Needs) on the ability to statement the special educational needs of Ben Simpson in the Meriden constituency. [28069]
§ Mrs. GillanThe Education Act 1993 and the Education (Special Educational Needs) Regulations 1994 make provision for local education authorities in appropriate cases to assess a child's special educational needs. Regulation 14(4) relieves LEAs of the duty to comply with the statutory time limit for making a statement in certain circumstances, including the child's absence from the LEA's area. If parents are dissatisfied with an LEA's decision in respect of statutory assessment they may appeal to the independent special educational needs tribunal. If parents believe an LEA is failing to comply with a statutory duty, they may complain to the Secretary of State. The Department has received no correspondence about Ben Simpson.