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

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Advice to be sought by a board

6.—(1) For the purpose of making an assessment under Article 15 a board shall seek—

(a)advice from a child’s parent;

(b)educational advice as provided for in regulation 7;

(c)medical advice as provided for in regulation 8;

(d)psychological advice as provided for in regulation 9;

(e)social services advice from the health and social services authority; and

(f)any other advice which the board considers appropriate for the purpose of arriving at a satisfactory assessment.

(2) The advice referred to in paragraph (1) shall be written advice relating to—

(a)the educational, medical, psychological or other features of the case (according to the nature of the advice sought) which appear to be relevant to the child’s educational needs (including his likely future needs);

(b)how those features could affect the child’s educational needs, and

(c)the provision which is appropriate for the child in light of those features of the child’s case, whether by way of special education provision or non-educational provision, but not relating to any matter which is required to be specified in a statement by virtue of Article 16(4)(b).

(3) A person from whom the advice referred to in paragraph (1) is sought may in connection therewith consult such persons as it appears to him expedient to consult; and he shall consult such persons, if any, as are specified in the particular case by the board as the persons who have relevant knowledge of, or information relating to, the child.

(4) When seeking the advice referred to in paragraphs (1)(b) to (f) a board shall provide the person from whom it is sought with copies of—

(a)any representations made by the parent, and

(b)any evidence submitted by, or at the request of, the parent

under Article 15(1)(d) or Article 20A(3)(d) as the case may be.

(5) The board need not seek the advice referred to in paragraph (1)(b) to (f) if—

(a)it has obtained advice under paragraph (1)(b) to (f) respectively within the preceding 12 months, and

(b)the board, the person from whom the advice was obtained and the child’s parent are satisfied that the existing advice is sufficient for the purpose of arriving at a satisfactory assessment.

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