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

Educational advice

7.—(1) The educational advice referred to in regulation 6(1)(b) shall, subject to paragraphs (2) to (5), be sought—

(a) from the principal of each school which the child is currently attending or which he has attended at any time within the preceding 18 months;

(b) if advice cannot be obtained from a principal of a school which the child is currently attending (because the child is not attending a school or otherwise), then from a person who the board is satisfied has experience of teaching children with special educational needs or knowledge of the differing provision which may be called for in different cases to meet those needs;

(c) if the child is not currently attending a school and if advice obtained under sub-paragraph (b) is not advice from such a person, then from a person responsible for educational provision for him; and

(d) if any of the child’s parents is a serving member of Her Majesty’s armed forces, from Service Children’s Education.

(2) The advice sought as provided in paragraph (1)(a) to (c) shall not be sought from any person who is not a qualified teacher.

(3) The advice sought from a principal as provided in paragraph (1)(a) shall, if the principal has not himself taught the child within the preceding 18 months, be advice given after consultation with a teacher who has so taught the child.

(4) The advice sought from a principal as provided in paragraph (1)(a) shall include advice relating to the steps which have been taken by the school to identify and assess the special educational needs of the child and to make provision for the purpose of meeting those needs.

(5) Where it appears to the board, in consequence of medical advice or otherwise, that the child in question is—

(a) hearing impaired; or

(b) visually impaired; or

(c) both hearing impaired and visually impaired,

and any such person from whom advice is sought as provided in paragraph (1) is not qualified to teach pupils who are so impaired then the advice sought shall be advice given after consultation with a person who is so qualified.

(6) For the purposes of paragraph (5) a person shall be considered to be qualified to teach pupils who are hearing impaired or visually impaired or who are both hearing impaired and visually impaired if he is qualified to be employed at a school as a teacher of a class for pupils who are so impaired otherwise than to give instruction in a craft, trade or domestic subject.

(7) Paragraphs (3) and (5) are without prejudice to regulation 6(3).