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Article 20 Assessment of educational needs at request of child's parentC1C2

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

(1)

Where—

(a)

the parent of a child for whom F1the Authority is responsible asks the Authority to arrange for an assessment to be made in respect of the child under Article 15,

(b)

such an assessment has not been made within the period of six months ending with the date on which the request is made, and

(c)

it is necessary for the Authority to make an assessment under that Article,

the Authority shall comply with that request.

(2)

Paragraph (1) applies whether or not the Authority is maintaining a statement under Article 16 for the child.

(3)

If in any case where paragraph (1)(a) and (b) applies the Authority decides not to comply with the request—

(a)

it shall giveF2 notice in writing of that decision and of the reasons for making it to the parent of the child, and

(b)

the parent may appeal to the Tribunal against the decision.

(3A)

A notice under paragraph (3)(a) shall inform the parent of the right of appeal under paragraph (3)(b) and contain such other information as may be prescribed.

(4)

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

(a)

dismiss the appeal, or

(b)

order the Authority to arrange for an assessment to be made in respect of the child under Article 15.

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)