196.Section 140 places a duty on the Secretary of State (and the National Assembly) to make arrangements for an assessment of people under the age of 19 who have SEN statements drawn up by the LEA and where he believes that they are likely to leave school to continue with post-16 education or training or enter higher education. This assessment must be made during the final year of compulsory education and will set out a person’s learning needs and the provision required to meet them. The Education (Special Educational Needs) Regulations 1994 (SI 1994/1047) which set out the procedures for carrying out transitional reviews of pupils with SEN statements will be amended to enable the Secretary of State’s representative to participate in these reviews and to assist in the identification of these young people.
197.This section also gives a power to the Secretary of State (and the National Assembly) to conduct an assessment of any young person who is under the age of 25 where it appears that they may have learning difficulties and where they are undertaking, or the Secretary of State is satisfied that they are likely to undertake, post-16 education or training, or to enter higher education. (A “person with learning difficulties” is defined at section 13 of this Act.) This is to enable assessments to be made where young people continuing in post-16 education or training develop learning difficulties shortly before or after leaving school and thus do not have an SEN statement. The power applies in respect of people up to age 25, to enable assessments to apply for the duration of a course. This also reflects the fact that some young people with learning difficulties may require longer to complete a course or may begin a course later than their peers.
198.This section also places a duty on LEAs to provide a copy of a young person’s SEN statement, together with any supporting material, to the Secretary of State or the National Assembly. This will enable the persons he appoints to carry out his functions to conduct the assessment.
199.Under section 13, the LSC has a particular duty to have regard to the contents of these assessments and the needs of the young person assessed when discharging its functions for those under 25 years of age who have learning difficulties. Section 6(3) makes express provision for the LSC to be able to use its powers to fund an institution or provider to impose a condition requiring it to provide for students the learning and support set out in the assessment. There is a corresponding duty and a power for the CETW in sections 41 and 35(3) respectively.
Commentary on Sections Part V - Miscellaneous and General Section 140: transition from school to post-16 learning of young people with special educational needs