The Education (Northern Ireland) Order 1996

[F111.—(1) Sub-paragraph (2) applies where—N.I.

(a)the parent of a child for whom a statement is maintained which specifies the name of a school or institution asks [F2the Authority] to substitute for that name the name of a grant-aided school specified by the parent, and

(b)the request is not made less than twelve months after—

(i)a request under this paragraph,

(ii)the service of a copy of the statement or amended statement under paragraph 9, or

(iii)if the parent has appealed to the Tribunal under Article 18 or this paragraph, the date when the appeal is concluded,

whichever is the later.

(2) The board shall comply with the request unless—

(a)the school is unsuitable to the child's age, ability or aptitude or to his special educational needs, or

(b)the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources.

(3) Where [F2the Authority] decides not to comply with the request—

(a)it shall give notice in writing of that fact to the child's parent, and

(b)the parent of the child may appeal to the Tribunal against the decision.

(4) A notice under sub-paragraph (3)(a) must inform the parent of the right of appeal under sub-paragraph (3)(b) and contain such other information as may be prescribed

(5) On the appeal the Tribunal may—

(a)dismiss the appeal, or

(b)order [F2the Authority] to substitute for the name of the school or other institution specified in the statement the name of the grant-aided school specified by the parent.

(6) Regulations may provide that, where [F2the Authority] is under a duty to comply with a request under this paragraph, the duty must, subject to prescribed exceptions, be performed within the prescribed period.

(7) Such provision shall not relieve [F2the Authority] of the duty to comply with such a request which has not been complied with within that period.]