{
  "url": "https://openlegislation.uk/education-northern-ireland-order-1996/article-17",
  "json_url": "https://openlegislation.uk/education-northern-ireland-order-1996/article-17.json",
  "legislation": "nisi/1996/274",
  "legislation_title": "The Education (Northern Ireland) Order 1996",
  "legislation_url": "https://openlegislation.uk/education-northern-ireland-order-1996",
  "path": "article/17",
  "kind": "article",
  "number": "17",
  "heading": "Appeal against decision not to make statement",
  "text": "(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, the Authority does not propose to make such a statement, it shall give notice in writing of its decision, of the reasons for making it. . . to the child's parent.\n(2) In such a case, the child's parent—\n(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\n(b) may appeal to the Tribunal against the decision.\n(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.\n(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.\n(3) On an appeal under this Article, the Tribunal may—\n(a) dismiss the appeal,\n(b) order the Authority to make and maintain such a statement, or\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "2005 NI 6"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "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)"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "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)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "substituted for words",
      "affecting": "nia/2016/8",
      "affecting_title": "Special Educational Needs and Disability Act (Northern Ireland) 2016"
    },
    {
      "type": "words substituted",
      "affecting": "nia/2016/8",
      "affecting_title": "Special Educational Needs and Disability Act (Northern Ireland) 2016"
    },
    {
      "type": "applied",
      "affecting": "nia/2016/8",
      "affecting_title": "Special Educational Needs and Disability Act (Northern Ireland) 2016"
    },
    {
      "type": "applied",
      "affecting": "nia/2016/8",
      "affecting_title": "Special Educational Needs and Disability Act (Northern Ireland) 2016"
    },
    {
      "type": "words substituted",
      "affecting": "nia/2016/8",
      "affecting_title": "Special Educational Needs and Disability Act (Northern Ireland) 2016"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisi/1996/274/article/17",
    "retrieved_at": "2026-10-29T04:42:29.330479+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}