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

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This is the original version (as it was originally made).

Appeal against content of statement

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7.—(1) Article 18 of the 1996 Order (appeal against content of statement) is amended as follows.

(2) For paragraphs (1) and (2)—

(1) The parent of a child for whom a board maintains a statement under Article 16 may appeal to the Tribunal—

(a)when the statement is first made,

(b)if an amendment is made to the statement, or

(c)if, after conducting an assessment under Article 15, the board determines not to amend the statement.

(1A) An appeal under this Article may be against any of the following—

(a)the description in the statement of the board’s assessment of the child’s special educational needs,

(b)the special educational provision specified in the statement (including the name of a school so specified),

(c)if no school is specified in the statement, that fact.

(2) Paragraph (1)(b) does not apply where the amendment is made in pursuance of—

(a)paragraph 11 (change of named school at request of parent) or 13(4)(b) (amendment ordered by Tribunal) of Schedule 2; or

(b)directions under paragraph 2 of Schedule 13 to the 1986 Order (revocation of school attendance order);

and paragraph (1)(c) does not apply to a determination made following the service of notice under paragraph 3 (amendment by board) of Schedule 2..

(3) In paragraph (4)(a) for “paragraph 3” substitute “paragraph 5”.

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