Search Legislation

The Education (Northern Ireland) Order 1996

 Help about what version

What Version

 Help about advanced features

Advanced Features

More Resources

Changes over time for: Cross Heading: Special educational provision: general

 Help about opening options

Exit from the EU:

There may be changes and effects to this Legislation not yet recorded or applied to the text

New legislation with 'EU Exit' in the title that references (and therefore may change) this legislation item:

Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation.

There are currently no additional references that you need to check.

Changes to legislation:

The Education (Northern Ireland) Order 1996, Cross Heading: Special educational provision: general is up to date with all changes known to be in force on or before 21 January 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Part II Crossheading Special-educational-provision-general:

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Special educational provision: generalN.I.

Review of arrangementsN.I.

6.—(1) A board shall—

(a)determine, and keep under review, its policy in relation to special educational provision; and

(b)keep under review the arrangements made by it for special educational provision.

(2) In exercising its functions under paragraph (1)(a), [F1the Authority] shall consult—

(a)the Boards of Governors of grant-aided schools F2...;

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the Council for Catholic Maintained Schools; and

(d)such other persons as it thinks fit.

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)

[F4Duty to educate children with special educational needs in ordinary schoolsN.I.

7.(1) This Article applies to a child with special educational needs who should be educated in a grant-aided school.

(2) If no statement is maintained under Article 16 for the child, he shall be educated in an ordinary school.

(3) If a statement is maintained under Article 16 for the child, he shall be educated in an ordinary school unless that is incompatible with—

(a)the wishes of his parent, or

(b)the provision of efficient education for other children.]

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)

Education otherwise than in ordinary schoolsN.I.

7A.—(1) Article 7(2) does not require a child to be educated in an ordinary school during any period in which—

(a)he is admitted to a special school for the purposes of an assessment under Article 15 of his educational needs and his admission to that school is with the agreement of—

(i)[F1the Authority] ;

(ii)the Board of Governors of the school;

(iii)his parent; and

(iv)any person whose advice is to be sought in accordance with regulations made under paragraph 2 of Schedule 1;

(b)he remains admitted to a special school, in prescribed circumstances, following an assessment under Article 15 at that school;

(c)he is admitted to a special school, following a change in his circumstances, with the agreement of—

(i)[F1the Authority] ;

(ii)the Board of Governors of the school; and

(iii)his parent.

(2) Article 7 does not affect the operation of—

(a)Article 10; or

(b)paragraph 5 of Schedule 2.

(3) If [F1the Authority] decides—

(a)to make a statement for a child under Article 16, but

(b)not to name in the statement the school for which a parent has expressed a preference under paragraph 5 of Schedule 2,

it shall, in making the statement, comply with Article 7(3).

(4) A board may, in relation to its ordinary controlled schools taken as a whole, rely on the exception in Article 7(3)(b) only if it shows that there are no reasonable steps that it could take to prevent the incompatibility.

(5) A board or a Board of Governors may, in relation to a particular ordinary school, rely on the exception in Article 7(3)(b) only if it shows that there are no reasonable steps that either of them could take to prevent the incompatibility.

(6) The exception in Article 7(3)(b) does not permit a Board of Governors to fail to comply with the duty imposed by Article 16(5)(b).

(7) Boards and Boards of Governors of grant-aided schools shall have regard to guidance about Article 7 and this Article issued by the Department.

(8) That guidance shall, in particular, relate to steps which may, or may not, be regarded as reasonable for the purposes of paragraphs (4) and (5).

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)

Duties in relation to pupils with special educational needs in ordinary schoolsN.I.

8.—(1) The Board of Governors of an ordinary school shall—

(a)use its best endeavours, in exercising its functions in relation to the school, to secure that if any [F5pupil attending the school] has special educational needs the special educational provision which his learning difficulty calls for is made,

(b)secure that, where a [F5pupil attending the school] has special educational needs, those needs are made known to all who are likely to teach him, and

(c)secure that the teachers in the school are aware of the importance of identifying, and providing for, those [F6pupils attending the school] who have special educational needs.

(2) Where a child who has special educational needs is being educated in an ordinary school, those concerned with making special educational provision for the child shall secure, so far as is reasonably practicable and is compatible with—

(a)the child receiving the special educational provision which his learning difficulty calls for,

(b)the provision of efficient education for the children with whom he will be educated, and

(c)the efficient use of resources,

that the child engages in the activities of the school together with children who do not have special educational needs.

(3) The annual report for an ordinary school prepared under Article 125 of the 1989 Order shall describe—

(a)any special arrangements made for the admission of pupils to whom paragraph (4) applies;

(b)the steps taken to prevent pupils with special educational needs from being treated less favourably than other pupils;

(c)the facilities provided to assist access to the school by pupils with special educational needs.

(4) This paragraph applies to a pupil if—

(a)he has special educational needs; but

(b)no statement is maintained in respect of him under Article 16.

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)

[F7Duty to inform parent where special educational provision madeN.I.

8A.  If—

(a)a child for whom no statement is maintained under Article 16 is a registered pupil at an ordinary grant-aided school;

(b)special educational provision is made for him [F8(whether at the school or elsewhere in pursuance of arrangements under Article 21 of the Education (Northern Ireland) Order 2006)] because it is considered that he has special educational needs; and

(c)his parent has not previously been informed under this Article of special educational provision made for him F9. . . ,

the Board of Governors of the school shall inform the child's parent that special educational provision is being made for him F9. . . because it is considered that he has special educational needs.]

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)

Determination by Boards of Governors of policy in relation to provision of education for children with special educational needsN.I.

9.—(1) The Board of Governors of a grant-aided school shall determine, and keep under review, its policy in relation to the provision of education for children with special educational needs.

(2) In exercising its functions under paragraph (1), a Board of Governors of a school shall, to the extent that it may appear necessary or desirable for the purpose of co-ordinating provision for children with special educational needs, consult with—

(a)[F1the Authority] F10...;

(b)the Boards of Governors of other grant-aided schools; and

(c)the Council for Catholic Maintained Schools (in the case of a Catholic maintained school).

(3) The policy determined by a Board of Governors under paragraph (1) shall be compatible with the statutory provisions relating to education (including, in particular, those relating to children with special educational needs).

(4) In carrying out its functions under the Education Orders in relation to a school under its management, a Board of Governors shall have regard to its policy in relation to the provision of education for children with special educational needs.

(5) The annual report for a grant-aided school prepared under Article 125 of the 1989 Order shall describe what steps have been taken by the Board of Governors to secure the implemention of its policy in relation to the provision of education for children with special educational needs.

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)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.