PART IISPECIAL EDUCATIONAL NEEDS

Appeals

Appeal against content of statement7

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”.

Unopposed appeals8

In the 1996 Order after Article 18 insert—

Unopposed appeals18A

1

This Article applies if—

a

the parent of a child has appealed to the Tribunal under Article 17, 20 or 20A or paragraph 11(3) of Schedule 2 against a decision of a board, and

b

the board notifies the Tribunal that it has determined that it will not, or will no longer, oppose the appeal.

2

The appeal is to be treated as having been determined in favour of the appellant.

3

If an appeal is treated as determined in favour of the appellant as a result of paragraph (2), the Tribunal is not required to make any order.

4

Before the end of the prescribed period, the board shall—

a

in the case of an appeal under Article 17, make a statement under Article 16 of the child’s educational needs,

b

in the case of an appeal under Article 20 or 20A, make an assessment of the child’s educational needs,

c

in the case of an appeal under paragraph 11(3) of Schedule 2 against a determination of the board not to comply with the parent’s request, comply with the request.

5

A board required by paragraph (4)(a) to make a statement under Article 16 shall maintain the statement under that Article.