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The Education (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

Statement of special educational needs

16.—(1) If, in the light of an assessment under Article 15 of any child’s educational needs and of any representations made by the child’s parent, it is necessary for the board to determine the special educational provision which any learning difficulty he may have calls for, the board shall make and maintain a statement of his special educational needs.

(2) The statement shall be in such form and contain such information as may be prescribed.

(3) In particular, the statement shall—

(a)give details of the board’s assessment of the child’s special educational needs, and

(b)specify the special educational provision to be made for the purpose of meeting those needs, including the particulars required by paragraph (4).

(4) The statement shall—

(a)specify the type of school or other institution which the board considers would be appropriate for the child,

(b)if the board is not required under Schedule 2 to specify the name of any grant-aided school in the statement, specify the name of any school or institution (whether in Northern Ireland or elsewhere) which it considers would be appropriate for the child and should be specified in the statement, and

(c)indicate any provision for the child for which it makes arrangements under Article 10(1)(b) otherwise than in a school or institution and which it considers should be indicated in the statement.

(5) Where a board maintains a statement under this Article—

(a)unless the child’s parent has made suitable arrangements, the board—

(i)shall arrange that the special educational provision indicated in the statement is made for the child, and

(ii)may arrange that any non-educational provision indicated in the statement is made for him in such manner as it considers appropriate, and

(b)if the name of a grant-aided school is specified in the statement, the Board of Governors of the school shall admit the child to the school.

(6) Paragraph (5)(b) does not affect any power to suspend or expel from a school a pupil who is already a registered pupil there.

(7) Schedule 2 (which makes provision in relation to the making and maintenance of statements under this Article) shall have effect.

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