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Article 21B Resolution of disputesF1C1C2

Northern Ireland

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

(1)

A board shall make arrangements with a view to avoiding or resolving disagreements between boards or Boards of Governors of grant-aided schools (on the one hand) and parents of children F2... (on the other) about the exercise by boards or Boards of Governors of functions under this Part.

(2)

A board shall also make arrangements with a view to avoiding or resolving, in each relevant school, disagreements between the parents of a child who is a F3pupil attending the school and has special educational needs and the Board of Governors or proprietor of the school about the special educational provision made for that child.

(3)

In paragraph (2) “relevant school” means—

(a)

a grant-aided school;

(b)

an independent school which is named in the statement maintained for the child under Article 16.

(4)

The arrangements under paragraphs (1) and (2) shall provide for the appointment of independent persons with the function of facilitating the avoidance or resolution of such disagreements.

(5)

In making the arrangements, F4the Authority shall have regard to any guidance given by the Department.

(6)

The board shall take such steps as it considers appropriate for making the arrangements made under paragraphs (1) and (2) known to—

(a)

the parents of children ...;

(b)

the principals and Boards of Governors of grant-aided schools ...;

(c)

the principals and proprietors of independent schools ...; and

(d)

such other persons as it considers appropriate.

(7)

The arrangements do not affect the entitlement of a parent to appeal to the Tribunal.

Annotations

Textual amendments

F1

2005 NI 6

F2

Words in art. 21A repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)

F3

Words in art. 21B(2) substituted (23.3.2007) by Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)), arts. 1(4)(c), 44(1), Sch. 2 para. 37; S.R. 2007/197, art. 2(a)

F4

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)

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)

Notes on General duties of boards

Textual amendments

F1

2005 NI 6