SCHEDULE 2Children and young persons with additional support needs: placing requests

Reference to appeal committee of refusal of placing request

I15

1

A parent who has made a placing request may refer a decision of the education authority refusing the request to an appeal committee set up under section 28D of the 1980 Act.

2

Sub-paragraph (1) does not apply where the decision of the education authority refusing the request may be referred to F1the First-tier Tribunal under section 18(1).

3

Where a reference under this paragraph has been made in respect of a child, no further such reference in respect of the child is competent during the period of 12 months beginning with the day on which the immediately preceding such reference was lodged.

4

A reference under this paragraph must be lodged with the appeal committee within 28 days of the receipt by the parent of the decision of the education authority.

5

For the purposes of sub-paragraph (4), a decision which is posted is to be presumed to have been received (unless the contrary is proved)—

a

on the day after the date on which it was posted, or

b

if posted on a Friday or Saturday, on the Monday next following.

6

The committee may, on good cause being shown, hear such a reference notwithstanding that it was not lodged within the time mentioned in sub-paragraph (4).