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

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Time limits and prescribed information relating to a statement

17.—(1) Where a board has made an assessment of a child for whom no statement is maintained it shall—

(a)serve a copy of a proposed statement and a notice on the child’s parent under paragraphs 2(1) and 4(2) of Schedule 2 to the 1996 Order; or

(b)within a period of 2 weeks beginning with the date on which the assessment was made give notice to the child’s parent—

(i)under Article 17 that it has decided not to make a statement;

(ii)of its reasons for that decision;

(iii)of the parent’s right of appeal against that decision to the Tribunal; and

(iv)of the time limit within which an appeal must be made.

(2) Where a board has made an assessment of a child for whom a statement is maintained it shall—

(a)serve on the child’s parent a copy of a proposed amended statement and a notice under paragraphs 3(2) and 4(2) of Schedule 2 to the 1996 Order; or

(b)give notice to the child’s parent—

(i)under paragraph 13(2) of Schedule 2 to the 1996 Order that it has decided to cease to maintain the statement;

(ii)of the parent’s right of appeal against that decision to the Tribunal; and

(iii)of the time limit within which an appeal to the Tribunal must be made; or

(c)serve on the child’s parent a notice—

(i)which informs him that it has decided not to amend the statement;

(ii)which informs him of its reasons for that decision;

(iii)which is accompanied by copies of the professional advice obtained during the assessment;

(iv)which informs him that under Article 18(1A) he may appeal to the Tribunal against the description in the statement of the board’s assessment of the child’s special educational needs, the special educational provision specified in the statement (including the name of a school so specified) or, if no school is named in the statement, that fact; and

(v)which informs him of the time limit within which an appeal to the Tribunal must be made.

(3) Subject to paragraph (5), where a board has served a copy of a proposed statement or proposed amended statement on the child’s parent under paragraph 2(1) or 3(2) of Schedule 2 to the 1996 Order the board shall within 8 weeks beginning with the date on which the proposed statement or proposed amended statement was served, serve a copy of the completed statement or completed amended statement and a written notice on the child’s parent under paragraph 9(1) and 9(2) of that Schedule.

(4) The board need not comply with the time limit referred to in paragraph (3) if it is impractical to do so because—

(a)exceptional personal circumstances affect the child or his parent during the 8 week period referred to in paragraph (3);

(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 8 week period referred to in paragraph (3);

(c)the child’s parent indicates that he wishes to make representations to the board about the content of the statement under paragraph 7(1) of Schedule 2 to the 1996 Order after the expiry of the 15 day period for making such representations provided for in paragraph 7(4) of that Schedule;

(d)a meeting between the child’s parent and an officer of the board has been held pursuant to paragraph 7(1) of Schedule 2 of the 1996 Order and the child’s parent under paragraph 7(2) of that Schedule has either required that another such meeting be arranged or has required a meeting with the appropriate person (as defined in paragraph 7(3) of that Schedule) to be arranged; or

(e)the board has sent a written request to the Department seeking its consent under Article 12 to the child being educated at an institution in Northern Ireland other than a grant aided school and that institution is not approved under Article 26 and such consent has not been received by the board within 3 weeks beginning with the date on which the request was sent.

(5) Where under paragraph 11(1)(a) of Schedule 2 to the 1996 Order the child’s parent asks the board to substitute for the name of the school or institution specified in a statement the name of a grant aided school specified by him and where the conditions referred to in paragraph 11(1)(b) of that Schedule have been satisfied the board shall within 8 weeks beginning with the date on which the request was received either—

(a)comply with the request; or

(b)give notice to the child’s parent under paragraphs 11(3) and (4) of that Schedule that it has decided not to comply with the request, its reasons for that decision, and of his right to appeal against that decision to the Tribunal.

(6) Subject to paragraph (7), where under paragraph 3(4) of Schedule 2 to the 1996 Order a board has served an amendment notice on the child’s parent informing him of its proposal to amend a statement it shall amend the statement within 8 weeks beginning with the date on which the notice was served.

(7) The board need not comply with the time limit in paragraph (6) where—

(a)the amendment notice contained an amendment about the type or name of a school or institution or the provision made for the child concerned under the arrangements made under Article 10; and

(b)it is impractical to do so because of any of the circumstances referred to in paragraph (4)(a) to (e) apply in relation to the 8 week period referred to in paragraph (6).

(8) Where under paragraph 13(1) of Schedule 2 to the 1996 Order a board gives notice to a child’s parent that it has decided to cease to maintain a statement, the board shall not cease to maintain the statement before the expiry of the period during which the parent may appeal to the Tribunal against the decision.

(9) Any notice given in accordance with this regulation shall inform the parent on whom it is served of—

(a)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;

(b)the availability to the parent of arrangements with a view to avoiding or resolving disagreements between parents and boards made by the board under Article 21B; and

(c)the fact that the arrangements made under Article 21B cannot affect any right the parent has to appeal to the Tribunal and that the parent may appeal to the Tribunal and take up the arrangements made under Article 21B.

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