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

Review of statement where child does not attend school

20.—(1) This regulation applies where a board carries out a review of a statement under Article 19(1) and the child concerned does not attend school.

(2) The board shall prepare a report addressing the matters referred to in regulation 18(4), in any case where the review referred to in paragraph (1) is commenced on or after the date on which the child has attained the age of 14 years, and for that purpose shall seek advice on those matters from the child’s parent and any other person whose advice it considers appropriate for the purpose of arriving at a satisfactory report.

(3) The board shall invite the following persons to attend a meeting to be held before the review referred to in paragraph (1) is required to be completed—

(a) the child’s parent;

(b) where the review referred to in paragraph (1) is the first review commenced after the date on which the child has attained the age of 14 years—

(i) a representative of the health and social services authority;

(ii) a person providing careers services under Section 1 of the Employment and Training Act (Northern Ireland) 1950; and

(c) any person whose attendance the board considers appropriate.

(4) The board shall not later than 2 weeks before the date on which the meeting referred to in paragraph (3) is to be held send to all the persons invited to that meeting a copy of the report which it proposes to make under paragraph (2) and by written notice accompanying the copies shall request the recipients to submit to the board any written comments on the report and any other advice which they think appropriate.

(5) A representative of the board shall attend the meeting referred to in paragraph (3).

(6) The meeting referred to in paragraph (3) shall consider the matters referred to in regulation 18(7)(a) and ((b) and shall make recommendations in accordance with regulation 18(8) and (9).

(7) The report prepared by the board under paragraph (2) shall be completed after the meeting referred to in paragraph (3) is held, shall contain the board’s assessment of the matters required to be considered by the meeting and its recommendations as to the matters required to be recommended by the meeting, and shall refer to any difference between its assessment and recommendations and those of the meeting.

(8) The board shall send copies of the report to—

(a) the child’s parent;

(b) the persons from whom it sought advice under paragraph (2);

(c) the persons who were invited to attend the meeting under paragraph (3);

(d) to any person whom it considers it appropriate to send a copy.

(9) The board shall review the statement under Article 19(1) in light of the report and any other information or advice which it considers relevant, shall make written recommendations as to the matters referred to in regulation 18(8)(a) and (b), in any case where the review is the first review commenced on or after the date on which the child has attained the age of 14 years prepare a transition plan, and where a transition plan already exists, amend the plan as it considers appropriate.

(10) The board shall send copies of the recommendations and any transition plan referred to in paragraph (9) to the persons referred to in paragraph (8).