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SCHEDULES

SCHEDULE 2MAKING AND MAINTENANCE OF STATEMENTS UNDER ARTICLE 16

Procedure for amending or ceasing to maintain a statement

11.—(1) A board may cease to maintain a statement only if it is no longer necessary to maintain it.

(2) Where the board decides to cease to maintain a statement—

(a)it shall give notice to the child’s parent of that decision, the reasons for making it and the effect of head (b), and

(b)the parent of the child may appeal to the Tribunal against the decision.

(3) On an appeal under this paragraph the Tribunal may—

(a)dismiss the appeal, or

(b)order the board to continue to maintain the statement in its existing form or with such amendments of the description in the statement of the board’s assessment of the child’s special educational needs or the special educational provision specified in the statement, and such other consequential amendments, as the Tribunal may determine.

(4) Except where the parent of the child appeals to the Tribunal under this paragraph, a board may only cease to maintain a statement under this paragraph within the prescribed period beginning with the service of the notice under sub-paragraph (2).