Consultation with LEAs (CA 1989 s. 28)
CA 1989 s. 28 is about consultation with local education authorities under the Children Act 1989. The exact duty is specified in the Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 28 of the Children Act 1989 is titled 'Consultation with local education authorities'. It requires a local authority to consult with the local education authority before taking certain actions. The specific actions that trigger this duty are set out in the full text of the Act.
The provision is part of a group of sections dealing with care, supervision, and support for children. Related sections include s.27 (Co-operation between authorities) and s.31 (Care and Supervision). The exact scope of the consultation duty depends on the context in which the authority is acting.
When it applies
- A local authority applies for a care order under s.31 and must consult the LEA about the child's educational needs.
- A local authority applies for an education supervision order under s.36 and must consult the LEA before making the application.
- A local authority is considering a supervision order under s.35 and must consult the LEA as part of the planning process.
What this section does not say
- This provision does not govern routine communication between a school and social services about a child's welfare.
- It does not apply to consultations about children who are not looked after or subject to care proceedings under the Act.
- It does not require the local education authority to provide information beyond what is specified in the Act.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of CA 1989 s. 28 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.