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Explanatory Memorandum to Special Educational Needs and Disability (Northern Ireland) Order 2005

Article 8: Unopposed appeals

29.This Article amends the 1996 Order by inserting a new Article 18A which applies where a Board decides to concede to a parent who has appealed to the SENDIST.

30.Certain types of appeals are to be treated as determined in favour of the parent where the Board has notified the SENDIST that they are conceding. Where an appeal is treated as determined in favour of the parent, Boards will be required to meet the parents’ wishes within a period to be set out in regulations. This applies to appeals against a decision by the Board:

  • Not to make a statement of SEN (under Article 17 of the 1996 Order); or

  • Not to make a reassessment of SEN where the child already has a statement (under Article 20 or 20A of the 1996 Order); or

  • Not to substitute a school named in a statement for a different school named by the parents (under paragraph 11(3) of Schedule 2 of the 1996 Order).

31.Appeals against the contents of statements (under Article 18 of the 1996 Order) and appeals against a decision to cease to maintain a statement (under Schedule 2 of the 1996 Order) have been excluded. This is because in these types of appeal, where the statement could be amended in a number of ways, deciding the appeal without a hearing is not always suitable. These types of appeal, where the Board does not contest them, will go to a hearing at which the parent, but not the Board, will be able to attend.

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