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The Education (Special Educational Needs) Regulations (Northern Ireland) 2005

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Time limits and prescribed information relating to assessment

11.—(1) Where under Article 15(1) a board serves a notice on a child’s parent informing him that it is considering whether to make an assessment it shall within 6 weeks beginning with the date of service of that notice give notice to the child’s parent of—

(a)its decision to make an assessment, and of its reasons for making that decision, or

(b)its decision not to assess the educational needs of the child and of its reasons for that decision, and

in either case the availability to the parent of advice and information from the board on matters related to his child’s special educational needs under Article 21A(1).

(2) Where under Article 20(1) a parent asks the board to arrange for an assessment to be made it shall within 6 weeks beginning with the date of receipt of the request, give notice to the child’s parent—

(a)of—

(i)its decision to make an assessment;

(ii)its reasons for making that decision, and

(iii)the availability to the parent of advice and information from the board on matters related to his child’s special educational needs under Article 21A; or

(b)of—

(i)its decision not to comply with the parent’s request;

(ii)its reasons for making that decision;

(iii)the availability to the parent of advice and information from the board on matters related to his child’s special educational needs under Article 21A;

(iv)the availability to the parent of arrangements for the avoidance and resolution of disputes between parents and boards made by the board under Article 21B(1)(2);

(v)the parent’s right to appeal to the Tribunal against the decision not to make an assessment;

(vi)the time limit within which an appeal must be made to the Tribunal, and

(vii)the fact that the arrangements for the avoidance and resolution of disputes made under Article 21B(1) cannot affect the parent’s right of appeal to the Tribunal and that a parent may appeal to the Tribunal and enter into the arrangements made under Article 21B(1).

(3) Where Article 20A(1) applies a board shall, within 6 weeks beginning with the date of receipt of a request from a responsible body that an assessment of a child be made, give notice to that body—

(a)of the board’s decision to make an assessment, and of its reasons for making that decision, or

(b)of the board’s decision not to assess the educational needs of the child, and of its reasons for making that decision.

(4) Where Article 20A(1) applies a board shall, within 6 weeks beginning with the date of receipt of a request from a responsible body that an assessment of a child be made, give notice to the child’s parent—

(a)of—

(i)the board’s decision to make an assessment;

(ii)the board’s reasons for making that decision, and

(iii)the availability to the parent of advice and information from the board about matters related to his child’s special educational needs under Article 21(A), or

(b)of—

(i)the board’s decision not to assess the educational needs of the child;

(ii)the board’s reasons for making that decision;

(iii)the availability to the parent of advice and information from the board on matters related to his child’s special educational needs under Article 21(A);

(iv)the availability to the parent of arrangements for the avoidance and resolution of disputes between parents and boards made by the board under Article 21B(1);

(v)the parent’s right to appeal to the Tribunal against the decision not to make an assessment;

(vi)the time limit within which an appeal must be made to the Tribunal, and

(vii)the fact that the arrangements for the avoidance and resolution of disputes made under Article 21B(1) cannot affect the parent’s right to appeal to the Tribunal and that the parent may appeal to the Tribunal and enter into the arrangements made under Article 21B(1).

(5) A board need not comply with the time limits referred to in paragraphs (1) to (4) if it is impractical to do so because—

(a)the board has requested advice from the principal of a school during a period beginning one week before any date on which that school was closed for a continuous period of not less than 4 weeks beginning with that date and ending one week before the date on which it re-opens;

(b)exceptional personal circumstances affect the child or his parent during the 6 week period referred to in paragraphs (1) to (4), or

(c)the child or his parent is absent from the board’s area for a continuous period of not less than 4 weeks during the 6 week period referred to in paragraphs (1) to (4).

(6) Subject to paragraph (7), where under Article 15(4) or 20A(7) a board has given notice to the child’s parent of its decision to make an assessment it shall complete that assessment within 10 weeks beginning with the date on which such notice was given.

(7) A board need not comply with the time limit referred to in paragraph (6) if it is impractical to do so because—

(a)in exceptional cases after receiving the advice sought under regulation 6 it is necessary for the board to seek further advice;

(b)the child’s parent has indicated to the board that he wishes to provide advice to the board after the expiry of 6 weeks beginning with the date on which a request for such advice under regulation 6(1)(a) was received, and the board has agreed to consider such advice before completing the assessment;

(c)the board has requested advice from the principal of a school under regulation 6(1)(b) during a period beginning one week before any date on which that school was closed for a continuous period of not less than 4 weeks beginning with that date and ending one week before the date on which it re-opens;

(d)the board has requested advice from a health and social services authority under regulation 6(1)(c) or (e) and the health and social services authority has not complied with that request within 6 weeks beginning with the date on which it was made;

(e)exceptional personal circumstances affect the child or his parent during the 10 week period referred to in paragraph (6);

(f)the child or his parent is absent from the board’s area for a continuous period of not less than 4 weeks during the 10 week period referred to in paragraph (6); or

(g)the child fails to keep an appointment for an examination or a test during the 10 week period referred to in paragraph (6).

(8) Subject to paragraph (9) where a board has requested help from a health and social services authority in the making of an assessment under Article 15, the health and social services authority shall comply with that request within 6 weeks beginning with the date on which it receives it.

(9) A health and social services authority need not comply with the time limit referred to in paragraph (8) if it is impractical to do so because—

(a)exceptional personal circumstances affect the child or his parent during the 6 week period referred to in paragraph (8);

(b)the child or his parent is absent from the board’s area for a continuous period of not less than 4 weeks during the 6 week period referred to in paragraph (8),

(c)the child fails to keep an appointment for an examination or a test made by the authority during the 6 week period referred to in paragraph (8), or

(d)the authority has not before the date on which a copy of a notice has been served on it in accordance with regulation 5(2), (4) or (5) produced or maintained any information or records relevant to the assessment of the child under Article 15.

(10) This regulation shall have effect subject to regulation 16.

(1)

Article 21A was inserted by S.I.2005/1117 (N.I. 6) Article 4

(2)

Article 21B was inserted by S.I. 2005/1117(N.I. 6) Article 5

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