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Article 17 Appeal against decision not to make statementC1C2

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

(1)

If, after making an assessment under Article 15 of the educational needs of any child for whom no statement is maintained under Article 16, F1the Authority does not propose to make such a statement, it shall give notice in writing of its decision, of the reasons for making itF2. . . to the child's parent.

(2)

In such a case, the child's parent—

(a)

shall have the right to receive, on request, a copy of any advice given to the Authority on which the decision is based; and

(b)

may appeal to the Tribunal against the decision.

(2A)

A notice under paragraph (1) shall inform the parent of the right of appeal under paragraph (2) and contain such other information as may be prescribed.

(2B)

Regulations may provide that where the Authority is under a duty under this Article to serve any notice, the duty must be performed within the prescribed period.

(3)

On an appeal under this Article, the Tribunal may—

(a)

dismiss the appeal,

(b)

order the Authority to make and maintain such a statement, or

(c)

remit the case to the Authority for it to reconsider whether, having regard to any observations made by the Tribunal, it is necessary for the Authority to determine the special educational provision which any learning difficulty the child may have calls for.

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

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)