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Article 16 Statement of special educational needsC1C2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If, in the light of an assessment under Article 15 of any child's educational needs and of any representations made by the child's parent, it is necessary for F1the Authority to determine the special educational provision which any learning difficulty he may have calls for, the Authority shall make and maintain a statement of his special educational needs.

(2)

The statement shall be in such form and contain such information as may be prescribed.

(3)

In particular, the statement shall—

(a)

give details of F2the Authority's assessment of the child's special educational needs, and

(b)

specify the special educational provision to be made for the purpose of meeting those needs, including the particulars required by paragraph (4).

(4)

The statement shall—

(a)

specify the type of school or other institution which the Authority considers would be appropriate for the child,

(b)

if the Authority is not required under Schedule 2 to specify the name of any grant-aided school in the statement, specify the name of any school or institution (whether in Northern Ireland or elsewhere) which it considers would be appropriate for the child and should be specified in the statement, and

(c)

indicate any provision for the child for which it makes arrangements under Article 10(1)(b) otherwise than in a school or institution and which it considers should be indicated in the statement.

F3(4A)

Paragraph (4)(b) does not require the name of a school or institution to be specified if the child's parent has made suitable arrangements for the special educational provision specified in the statement to be made for the child.

(5)

Where the Authority maintains a statement under this Article—

(a)

unless the child's parent has made suitable arrangements, the Authority —

(i)

shall arrange that the special educational provision indicated in the statement is made for the child, and

(ii)

may arrange that any non-educational provision indicated in the statement is made for him in such manner as it considers appropriate, and

(b)

if the name of a grant-aided school is specified in the statement, the Board of Governors of the school shall admit the child to the school.

(6)

Paragraph (5)(b) does not affect any power to suspend or expel from a school a pupil who is already a registered pupil there.

(7)

Schedule 2 (which makes provision in relation to the making and maintenance of statements under this Article) shall have effect.

Annotations

Textual amendments

F1

Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)

F2

Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(b) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)

F3

2005 NI 6

Modifications

C1

Arts. 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)

C2

Arts. 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)