Article 20A Review or assessment of educational needs at request of responsible bodyF1C1C2
Northern Ireland
This Article applies if—
a child is a registered pupil at a school (whether or not he is a child in respect of whom a statement is maintained under Article 16),
the responsible body asks F2the Authority to arrange for an assessment to be made in respect of him under Article 15, and
such an assessment has not been made within the period of six months ending with the date on which the request is made.
If it is necessary for the Authority to make an assessment or further assessment under Article 15, it shall comply with the request.
Before deciding whether to comply with the request, the Authority shall serve on the child's parent a notice informing him—
that it is considering whether to make an assessment of the child's educational needs,
of the procedure to be followed in making the assessment,
of the name of an officer of the Authority from whom further information may be obtained, and
of the parent's right to make representations, and submit written evidence, to the Authority before the end of the period specified in the notice ( “the specified period”).
The specified period shall not be less than F322 days beginning with the date on which the notice is served.
F4Subject to paragraph (5A), the board may not decide whether to comply with the request until the specified period has expired.
The Authority may take a decision under paragraph (5) before the expiry of the specified period if it has obtained the consent in writing of the person on whom the notice under paragraph (3) was served.
The board shall take into account any representations made, and any evidence submitted, to it in response to the notice under paragraph (3).
If, as a result of this Article, the Authority decides to make an assessment under Article 15, it shall give written notice to the child's parent and to the responsible body which made the request, of the decision and of F6the Authority's reasons for making it.
If, after serving a notice under paragraph (3), the Authority decides not to assess the educational needs of the child—
it shall give written notice of the decision and of the Authority's reasons for making it to his parent and to the responsible body which made the request, and
the parent may appeal to the Tribunal against the decision.
A notice given under paragraph (8)(a) to the child's parent shall—
inform the parent of his right to appeal, and
contain such other information (if any) as may be prescribed.
On an appeal under paragraph (8) the Tribunal may—
dismiss it, or
order the Authority to arrange for an assessment to be made in respect of the child under Article 15.
In this Article “the responsible body” means—
in relation to a grant-aided school, the Board of Governors,
in relation to an independent school, the proprietor.
Annotations
Textual amendments
- F1
- 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 art. 20A(4) substituted (30.9.2016) by Special Educational Needs and Disability Act (Northern Ireland) 2016 (c. 8), ss. 6(2)(a), 18(2); S.R. 2016/327, art. 2
- F4
Words in art. 20A(5) inserted (30.9.2016) by Special Educational Needs and Disability Act (Northern Ireland) 2016 (c. 8), ss. 6(2)(b), 18(2); S.R. 2016/327, art. 2
- F5
Art. 20A(5A) inserted (30.9.2016) by Special Educational Needs and Disability Act (Northern Ireland) 2016 (c. 8), ss. 6(2)(c), 18(2); S.R. 2016/327, art. 2
- F6
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)