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Article 18 Appeal against contents of statementC1C2

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

F1(1)

The parent of a child for whom F2the Authority maintains a statement under Article 16 may appeal to the Tribunal—

(a)

when the statement is first made,

(b)

if an amendment is made to the statement, or

(c)

if, after conducting an assessment under Article 15, the Authority determines not to amend the statement.

(1A)

An appeal under this Article may be against any of the following—

(a)

the description in the statement of F3the Authority's assessment of the child's special educational needs,

(b)

the special educational provision specified in the statement (including the name of a school so specified),

(c)

if no school is specified in the statement, that fact.

(2)

Paragraph (1)(b) does not apply where the amendment is made in pursuance of—

(a)

paragraph 11 (change of named school at request of parent) or 13(4)(b) (amendment ordered by Tribunal) of Schedule 2; or

(b)

directions under paragraph 2 of Schedule 13 to the 1986 Order (revocation of school attendance order);

and paragraph (1)(c) does not apply to a determination made following the service of notice under paragraph 3 (amendment by board) of Schedule 2.

(3)

On an appeal under this Article, the Tribunal may—

(a)

dismiss the appeal,

(b)

order the Authority to amend the statement, so far as it describes the Authority's assessment of the child's special educational needs or specifies the special educational provision, and make such other consequential amendments to the statement as the Tribunal thinks fit, or

(c)

order the Authority to cease to maintain the statement.

(4)

On an appeal under this Article the Tribunal shall not order the Authority to specify the name of any school in the statement (either in substitution for an existing name or in a case where no school is named) unless—

(a)

the parent has expressed a preference for the school in pursuance of arrangements under paragraph 5 of Schedule 2, or

(b)

in the proceedings the parent, the Authority or both have proposed the school.

(5)

Before determining any appeal under this Article the Tribunal may, with the agreement of the parties, correct any deficiency in the statement.

Annotations

Textual amendments

F1

2005 NI 6

F2

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)

F3

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)

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)