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child. They should do so in the closest consultation with the child's parents and must follow the procedures for amending statements set out in paragraph 10 of schedule 10 to the Act.
Amending the statement
6:34. Where the LEA propose to amend a statement, whether to change the name of the school in Part 4 or for any other reason, they must write to the child's parents, informing them of that proposal and of their right to make representations within 15 days of the receipt of that proposal. LEAs should always explain the reasons for the proposal and ensure that the parents have copies of any evidence which prompted the proposal. A proposal to amend the statement will most often arise from the annual review: the parents should have already received copies of the review report and the LEA's recommendations.
6:35. The LEA must consider any representations made by the parents before deciding whether and how to amend the statement. If the authority conclude that an amendment should be made, they must make that amendment within eight weeks of sending the letter of proposal to the parents. They must also write to the parents informing them of the decision and the reasons for it; enclosing a copy of the amended statement and any relevant advice; and giving details of the parents' right of appeal to the Tribunal against the description in the statement of the child's special educational needs and the special educational provision, including the name of the school. If the LEA decide not to go ahead with the amendment, they should write to the parents explaining why, again within eight weeks of the original letter setting out the proposal to make an amendment.
Ceasing to maintain the statement
6:36. A statement will remain in force until the LEA ceases to maintain it, or until the child is no longer the responsibility of the LEA, for example, if he or she moves into the further or higher education sector, or to social services provision, in which case the statement will lapse. The LEA may cease to maintain a statement for a child only if they believe that it is no longer necessary to maintain it. The LEA must first write to the child's parents to give notice of their decision, and explain the parents' right of appeal to the Tribunal. The LEA should always explain their decision to the parents and ensure that the parents have copies of any evidence which has promoted that decision.
6:37. There should be no assumption that, once the LEA have made a statement, they should maintain that statement until they are no longer responsible for the young person. Statements should be maintained only when necessary: if the LEA conclude that they should cease to maintain a statement, any additional resources attached to it can be released to help other children. But a decision to cease to maintain a statement should be made only after careful consideration by the LEA of all the circumstances and after close consultation with the parents. The LEA should consider the results of the recent annual reviews; should consider whether the objectives of the statement have been achieved; and should consider whether the child's needs could be met in future within the resources of mainstream schools within the area without the need for continuing LEA oversight. The LEA should always, therefore, consider whether, notwithstanding the achievement of some, or even all,
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