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The Special Educational Needs and Disability (Northern Ireland) Order 2005

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Resolution of disputesN.I.

This section has no associated Explanatory Memorandum

5.  In the 1996 Order after Article 21A insert—

Resolution of disputes

21B.(1) A board shall make arrangements with a view to avoiding or resolving disagreements between boards or Boards of Governors of grant-aided schools (on the one hand) and parents of children in its area (on the other) about the exercise by boards or Boards of Governors of functions under this Part.

(2) A board shall also make arrangements with a view to avoiding or resolving, in each relevant school, disagreements between the parents of a child who is a registered pupil at the school and has special educational needs and the Board of Governors or proprietor of the school about the special educational provision made for that child.

(3) In paragraph (2) “relevant school” means—

(a)a grant-aided school;

(b)an independent school which is named in the statement maintained for the child under Article 16.

(4) The arrangements under paragraphs (1) and (2) shall provide for the appointment of independent persons with the function of facilitating the avoidance or resolution of such disagreements.

(5) In making the arrangements, the board shall have regard to any guidance given by the Department.

(6) The board shall take such steps as it considers appropriate for making the arrangements made under paragraphs (1) and (2) known to—

(a)the parents of children in its area;

(b)the principals and Boards of Governors of grant-aided schools in its area;

(c)the principals and proprietors of independent schools in its area; and

(d)such other persons as it considers appropriate.

(7) The arrangements do not affect the entitlement of a parent to appeal to the Tribunal. .

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