Explanatory note

These Regulations relate to the assessment of special educational needs and to statements of such needs under Part II of the Education (Northern Ireland) Order 1996. These Regulations revoke and replace with modifications the Education (Special Educational Needs) Regulations (Northern Ireland) 1997 and the Education (Special Educational Needs) (Amendment) Regulations (Northern Ireland) 1998 (“the 1997 Regulations”) (regulation 25).

These Regulations make provision for a principal to delegate his functions under them generally to a qualified teacher, or in a particular case to the staff member who teaches the child (regulation 3).

The Regulations also supplement the procedural framework for making an assessment and a statement contained in Part II of the Order and Schedules 1 and 2 to that Order. They require copies of notices of an Education and Library Board's proposal to make an assessment, its decision to make an assessment or notices of a parent's or responsible body's request for an assessment to be made, to be served on the health and social services authority and the principal of the child's school (regulation 5). Subject to exceptions, they require health and social services authorities with a duty to comply with a request to help an education and library board in the making of an assessment of educational needs of a child or a statement of special educational needs within a prescribed period. Similarly, subject to exceptions, they require boards to carry out various steps in making an assessment or a statement within prescribed time limits, including the provision of prescribed information (regulations 11 and 16 respectively).

These Regulations provide that Education and Library Boards in making an assessment of a child's special educational needs must seek advice from the child's parent, educational advice, psychological advice, advice from the health and social services authority on medical and social services issues and any other advice which it considers appropriate for the purpose of arriving at a satisfactory assessment (regulation 6). If such advice has been obtained on making a previous assessment within the last 12 months and certain persons are satisfied that is sufficient, it is not necessary to obtain new advice (regulation 6(5)). Detailed provision is made as to the persons from whom educational, medical and psychological advice must be sought (regulations 7 to 9). It is provided that in making an assessment a board shall take into consideration representations from the parent, evidence submitted by the parent, and the advice which has been obtained (regulation 10).

Provision is made for a child without a statement admitted to a special school for the purpose of an assessment to remain there once the assessment is complete (regulation 12).

The Regulations prescribe the form and content of a notice, or amendment notice, to be served on a parent with a draft statement of special educational needs or amended statement (regulations 13 and 14, Parts A and B of Schedule 1, and Schedule 2 respectively). The form and content of a statement is also prescribed (regulation 15).

Detailed provision is made as to how a review of a statement by an Education and Library Board under Article 19 of the Education (Northern Ireland) Order 1996 is to be carried out (regulations 18 to 20). In particular it is provided that where a child attends school, where the review is the first review after he has attained the age of 14 the principal of his school will obtain advice, the Education and Library Board will hold a meeting and will prepare a transition plan (regulation 19). In the case of any other review where a child attends school, the principal of his school will obtain advice, he will hold a meeting and report to the Education and Library Board (regulation 18). Where a child does not attend school, provision is made for the board to obtain advice, to hold a meeting, and where the review is the first after he attains the age of 14, to prepare a transition plan (regulation 20).

The Regulations provide for the transfer of a statement from one Education and Library Board to another (regulation 21).

There are restrictions on the disclosure of statements and steps are to be taken to avoid unauthorised persons having access to them (regulation 22).

The Regulations place a duty on Boards in respect of orders of the Special Educational Needs and Disability Tribunal. Time limits are prescribed for compliance with orders made by the Tribunal (regulation 23) and time limits are also prescribed within which Boards must take specified action following the concession of certain appeals to the Tribunal (regulation 24).

Detailed provision is made for the transition from the regime imposed by the 1997 Regulations to the regime imposed by these Regulations (regulation 26). In particular if an assessment has been commenced before 1st September 2005 the Education and Library Board may continue to make the assessment under the 1997 Regulations, and may make any statement following the assessment under them as well (regulation 26(2) and (7)), and these Regulations will not apply. However if the assessment is not complete before 1st January 2006, these Regulations will apply to the assessment as if it had been commenced under them on that date (regulation 26(3)).