The Education (Northern Ireland) Order 1996, Section 20A is up to date with all changes known to be in force on or before 10 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
20A.—(1) This Article applies if—
(a)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),
(b)the responsible body asks [F2the Authority] to arrange for an assessment to be made in respect of him under Article 15, and
(c)such an assessment has not been made within the period of six months ending with the date on which the request is made.
(2) If it is necessary for [F2the Authority] to make an assessment or further assessment under Article 15, it shall comply with the request.
(3) Before deciding whether to comply with the request, [F2the Authority] shall serve on the child's parent a notice informing him—
(a)that it is considering whether to make an assessment of the child's educational needs,
(b)of the procedure to be followed in making the assessment,
(c)of the name of an officer of [F2the Authority] from whom further information may be obtained, and
(d)of the parent's right to make representations, and submit written evidence, to [F2the Authority] before the end of the period specified in the notice ( “the specified period”).
(4) The specified period shall not be less than [F322 days] beginning with the date on which the notice is served.
(5) [F4Subject to paragraph (5A),] the board may not decide whether to comply with the request until the specified period has expired.
[F5(5A) 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.]
(6) The board shall take into account any representations made, and any evidence submitted, to it in response to the notice under paragraph (3).
(7) If, as a result of this Article, [F2the 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.
(8) If, after serving a notice under paragraph (3), [F2the Authority] decides not to assess the educational needs of the child—
(a)it shall give written notice of the decision and of [F6the Authority's] reasons for making it to his parent and to the responsible body which made the request, and
(b)the parent may appeal to the Tribunal against the decision.
(9) A notice given under paragraph (8)(a) to the child's parent shall—
(a)inform the parent of his right to appeal, and
(b)contain such other information (if any) as may be prescribed.
(10) On an appeal under paragraph (8) the Tribunal may—
(a)dismiss it, or
(b)order [F2the Authority] to arrange for an assessment to be made in respect of the child under Article 15.
(11) In this Article “the responsible body” means—
(a)in relation to a grant-aided school, the Board of Governors,
(b)in relation to an independent school, the proprietor.]
F2Words 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)
F3Words 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
F4Words 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
F5Art. 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
F6Words 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 etc. (not altering text)
C1Arts. 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)
C2Arts. 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)
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