Paragraph 13 F1
Northern Ireland
A board may cease to maintain a statement only if it is no longer necessary to maintain it.
Where F2the Authority decides to cease to maintain a statement—
it shall give notice in writing of that fact to the child's parent, and
the parent of the child may appeal to the Tribunal against the decision.
A notice under sub-paragraph (2)(a) must inform the parent of the right of appeal under sub-paragraph (2)(b) and contain such other information as may be prescribed.
On an appeal under this paragraph the Tribunal may—
dismiss the appeal, or
order the Authority to continue to maintain the statement in its existing form or with such amendments of the description in the statement of F3the Authority's assessment of the child's special educational needs or the special educational provision specified in the statement, and such other consequential amendments, as the Tribunal may determine.
Except where the parent of the child appeals to the Tribunal under this paragraph, the Authority may only cease to maintain a statement under this paragraph within the prescribed period beginning with the service of the notice under sub-paragraph (2).
A board may not, under this paragraph, cease to maintain a statement if—
the parent of the child has appealed under this paragraph against the Authority's determination to cease to maintain the statement; and
the appeal has not been determined by the Tribunal or withdrawn.
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 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)