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The Education (Northern Ireland) Order 1996

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Duties ofF1... health and social services trustsN.I.

14.—(1) If a health and social services authority, in the course of exercising any of its functions in relation to a child who has not attained the lower limit of compulsory school age, forms the opinion that he has, or probably has, special educational needs, that authority shall—

(a)inform the child's parent of its opinion and of its duty under this paragraph and paragraph (2); and

(b)after giving the parent an opportunity to discuss that opinion with an officer of the authority, bring it to the attention of [F2the Authority] .

(2) If, in a case falling within paragraph (1), the health and social services authority is of the opinion that a particular voluntary organisation is likely to be able to give the parent advice or assistance in connection with any special educational needs that the child may have, that authority shall inform the parent accordingly.

(3) Where it appears to [F3the Authority] that any health and social services authority could, by taking any specified action, help in the exercise of any of [F4the Authority's] functions under this Part, [F3the Authority] may request the help of the authority, specifying the action in question.

(4) A health and social services authority whose help is so requested shall comply with the request unless it considers that—

(a)the help requested is not necessary for the purpose of the exercise by [F3the Authority] of those functions, or

(b)having regard to the resources available to it for the purpose of the exercise of its functions, it is not reasonable for it to comply with the request, or

(c)compliance with the request is not compatible with its own statutory or other duties or obligations or unduly prejudices the discharge of any of its functions.

(5) Regulations may provide that, where a health and social services authority is under a duty by virtue of paragraph (4) to comply with a request to help [F3the Authority] in the making of an assessment under Article 15 or a statement under Article 16, it must, subject to prescribed exceptions, comply with the request within the prescribed period.

(6) In this Article “health and social services authority” means—

F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a Health and Social Services trust established under the [1991 NI 1.] Health and Personal Social Services (Northern Ireland) Order 1991.

Modifications etc. (not altering text)

C1Arts. 6-21B: power to disapply or modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 17 (with ss. 88-90)

C2Arts. 6-21B expiry of earlier affecting provision 2020 c. 7, Sch. 16 para. 17 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

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