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Malcolm Johnson & Co Solicitors are leading specialist child abuse solicitors based in Surrey
Malcolm Johnson & Co Solicitors

EDUCATION ACT 1981

The meaning of ‘special educational needs’ and ‘special educational provision’ is provided for under Section 1.  The provision of special education is set out in Sections 2 -3.  This includes duties of local educational authorities to provide special education (s. 2) and to provide special education otherwise than in schools (s. 3).

Section 4 – 10 sets out provisions regarding the identification and assessment of children with special educational needs.  This includes a general duty of local educational authority towards children for whom they are responsible (s. 4), details on the assessment of special educational needs (s. 5), assessment of special educational needs of children under the age of two (s. 6), statement of child’s special educational needs (s. 7), appeals against statements (s. 8), requests for assessments (s. 9) and a duty is imposed on the health authority to notify parents (s. 10).

Provisions regarding special schools and approved independent schools are set out in Sections 11 – 14.  Section 15 applies to proposed school attendance orders.

Section 17 imposes a duty on parents to secure the education of their children.  Section 18 empowers the Secretary of State regarding medical and other examinations.  Interpretation is set out under Section 20.

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