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.