The Education (Special Educational Needs) Regulations (Northern Ireland) 2005

Statutory Rules of Northern Ireland

2005 No. 384

EDUCATION

The Education (Special Educational Needs) Regulations (Northern Ireland) 2005

Made

10th August 2005

Coming into operation

1st September 2005

The Department of Education, in exercise of the powers conferred on it by Articles 7A(1)(b) M1 , 14(5), 16(2), 17(2A) and (2B) M2 , 18A(4) M3 , 19(2), 20(3A) M4 , 20A(9)(b) M5 , 23A M6 and 28(2) of and paragraphs 2(1) and (2) and 3(1), (3) and (4) of Schedule 1 M7 and paragraphs 2(2)(a), 4(3), 8(5), 9(3), 10(1) and (2), 11(4) and (6), and 13(3) and (5) of Schedule 2 M8 to the Education (Northern Ireland) Order 1996 M9 and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Marginal Citations

M1 Article 7 was substituted and Article 7A added by Article 3 of S.I. 2005/1117 (N.I. 6)

M2 As inserted by paragraph 4(2) of Schedule 5 to S.I. 2005/1117 (N.I. 6)

M3 Article 18A was inserted by Article 8 of S.I. 2005/1117 (N.I. 6)

M4 As inserted by paragraph 5(2) of Schedule 5 to S.I. 2005/1117 (N.I. 6)

M5 Article 20A was inserted by Article 10 of S.I. 2005/1117 (N.I. 6)

M6 Article 23A was inserted by Article 6 of S.I. 2005/1117 (N.I. 6)

M7 Paragraph 3 of Schedule 1 was amended by paragraph 8(1) to (4) of Schedule 5 to S.I. 2005/1117 (N.I. 6)

M8 Schedule 2 was substituted by Schedule 1 to S.I 2005/1117 (N.I. 6)

M9 S.I. 1996/274 (N.I. 1)

PART I N.I. GENERAL

Citation and commencement N.I.

1.  These Regulations may be cited as the Education (Special Educational Needs) Regulations (Northern Ireland) 2005 and shall come into operation on 1st September 2005.

Interpretation N.I.

2.—(1) In these Regulations—

“assessment” means an assessment of a child's educational needs under Article 15 of the 1996 Order;

“board” means an education and library board;

“Northern Ireland curriculum” means the curriculum for every grant-aided school as described in Articles 5, 6 and 8 of and Schedules 1 and 2 to the Education Reform (Northern Ireland) Order 1989 M10 ;

“registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 M11 ;

“principal” includes any person to whom the duties or functions of a principal under these Regulations have been delegated by the principal in accordance with regulation 3;

“qualified teacher” means a person who is eligible to be employed as a teacher in a grant-aided school;

“the responsible body” has the meaning as given by Article 20A(11);

“statement” means a statement of a child's special educational needs made under Article 16 of the 1996 Order;

“target” means the knowledge, skills and understanding which a child is expected to have by the end of a particular period;

“transition plan” means a document prepared which sets out the arrangements which a board considers appropriate for a young person during the period when he is aged 14 to 19 years, including arrangements for special education provision and for any other necessary provision, for suitable employment and accommodation and for leisure activities, and which will facilitate a satisfactory transition from childhood to adulthood;

“the Tribunal” means the Special Educational Needs and Disability Tribunal for Northern Ireland having the jurisdiction conferred on it by Part II of the 1996 Order and Chapter I of Part III of the 2005 Order M12 ;

“the 1996 Order” means the Education (Northern Ireland) Order 1996;

“the 1997 Regulations” means the Education (Special Educational Needs) Regulations (Northern Ireland) 1997 M13 ;

“the 2005 Order” means the Special Educational Needs and Disability (Northern Ireland) Order 2005.

(2) In these Regulations any reference to a numbered Article is a reference to the Article of the 1996 Order bearing that number.

(3) In these Regulations any reference to the health and social services authority is, in relation to a particular child, a reference to the health and social services authority in whose area the child lives.

Marginal Citations

M10 S.I. 1989/2406 (N.I. 20) as amended by S.I. 1996/274 (N.I.) Article 35 and Schedule 3

M11 1983 c. 54

M12 S.I. 2005/1117 (N.I. 6) Article 21(1) and (3)

M13 S.R. 1997 No. 327 as amended by S.R. 1998 No. 217

Delegation of functions or duties of a principal N.I.

3.  Where a principal has any functions or duties under these Regulations he may delegate those functions or duties—

(a) generally to a member of staff of the school who is a qualified teacher; or

(b) in a particular case to a member of staff of the school who teaches the child in question.

Notices N.I.

4.  Any notice required to be given by these Regulations shall be in writing.

PART II N.I. ASSESSMENTS

Notices relating to assessment N.I.

5.—(1) Paragraph (2) applies where—

(a) under Article 15(1) M14 or 20A(3) a board serves a notice on a child's parent that it is considering whether to make an assessment, or

(b) under Article 15(4) or 20A(7) a board gives notice to a child's parent of its decision to make an assessment.

(2) Where this paragraph applies a board shall send copies of the relevant notice to—

(a) the health and social services authority, and

(b) if the child is registered at a school, the principal of that school.

(3) Where a copy of a notice is sent under paragraph (2), an endorsement on the copy or a notice accompanying that copy shall inform the recipient what advice the board is likely to seek.

(4) Where—

(a) under Article 20(1) a child's parent asks a board to arrange for an assessment, and

(b) no assessment has been made for that child within the period of 6 months ending with the date on which the request is made,

the board shall give notice to the persons referred to in paragraph (2)(a) and (b) that the request for an assessment has been made and inform them what advice the board is likely to seek.

(5) Where—

(a) under Article 20A(1) a responsible body asks a board to arrange for an assessment, and

(b) no assessment has been made for that child within the period of 6 months ending with the date on which the request is made,

the board shall give notice to the persons referred to in paragraph (2)(a) and (b) that the request for an assessment has been made and inform them what advice the board is likely to seek.

Marginal Citations

M14 Article 15(1) was amended by S.I. 2005/1117 (N.I. 6) Schedule 5 paragraph 3

Advice to be sought by a board N.I.

6.—(1) For the purpose of making an assessment under Article 15 a board shall seek—

(a) advice from a child's parent;

(b) educational advice as provided for in regulation 7;

(c) medical advice as provided for in regulation 8;

(d) psychological advice as provided for in regulation 9;

(e) social services advice from the health and social services authority; and

(f) any other advice which the board considers appropriate for the purpose of arriving at a satisfactory assessment.

(2) The advice referred to in paragraph (1) shall be written advice relating to—

(a) the educational, medical, psychological or other features of the case (according to the nature of the advice sought) which appear to be relevant to the child's educational needs (including his likely future needs);

(b) how those features could affect the child's educational needs, and

(c) the provision which is appropriate for the child in light of those features of the child's case, whether by way of special education provision or non-educational provision, but not relating to any matter which is required to be specified in a statement by virtue of Article 16(4)(b).

(3) A person from whom the advice referred to in paragraph (1) is sought may in connection therewith consult such persons as it appears to him expedient to consult; and he shall consult such persons, if any, as are specified in the particular case by the board as the persons who have relevant knowledge of, or information relating to, the child.

(4) When seeking the advice referred to in paragraphs (1)(b) to (f) a board shall provide the person from whom it is sought with copies of—

(a) any representations made by the parent, and

(b) any evidence submitted by, or at the request of, the parent

under Article 15(1)(d) or Article 20A(3)(d) as the case may be.

(5) The board need not seek the advice referred to in paragraph (1)(b) to (f) if—

(a) it has obtained advice under paragraph (1)(b) to (f) respectively within the preceding 12 months, and

(b) the board, the person from whom the advice was obtained and the child's parent are satisfied that the existing advice is sufficient for the purpose of arriving at a satisfactory assessment.

Educational advice N.I.

7.—(1) The educational advice referred to in regulation 6(1)(b) shall, subject to paragraphs (2) to (5), be sought—

(a) from the principal of each school which the child is currently attending or which he has attended at any time within the preceding 18 months;

(b) if advice cannot be obtained from a principal of a school which the child is currently attending (because the child is not attending a school or otherwise), then from a person who the board is satisfied has experience of teaching children with special educational needs or knowledge of the differing provision which may be called for in different cases to meet those needs;

(c) if the child is not currently attending a school and if advice obtained under sub-paragraph (b) is not advice from such a person, then from a person responsible for educational provision for him; and

(d) if any of the child's parents is a serving member of Her Majesty's armed forces, from Service Children's Education.

(2) The advice sought as provided in paragraph (1)(a) to (c) shall not be sought from any person who is not a qualified teacher.

(3) The advice sought from a principal as provided in paragraph (1)(a) shall, if the principal has not himself taught the child within the preceding 18 months, be advice given after consultation with a teacher who has so taught the child.

(4) The advice sought from a principal as provided in paragraph (1)(a) shall include advice relating to the steps which have been taken by the school to identify and assess the special educational needs of the child and to make provision for the purpose of meeting those needs.

(5) Where it appears to the board, in consequence of medical advice or otherwise, that the child in question is—

(a) hearing impaired; or

(b) visually impaired; or

(c) both hearing impaired and visually impaired,

and any such person from whom advice is sought as provided in paragraph (1) is not qualified to teach pupils who are so impaired then the advice sought shall be advice given after consultation with a person who is so qualified.

(6) For the purposes of paragraph (5) a person shall be considered to be qualified to teach pupils who are hearing impaired or visually impaired or who are both hearing impaired and visually impaired if he is qualified to be employed at a school as a teacher of a class for pupils who are so impaired otherwise than to give instruction in a craft, trade or domestic subject.

(7) Paragraphs (3) and (5) are without prejudice to regulation 6(3).

Medical advice N.I.

8.  The medical advice referred to in regulation 6(1)(c) shall be sought from the health and social services authority, who shall obtain the advice from a registered medical practitioner.

Psychological advice N.I.

9.—(1) The psychological advice referred to in regulation 6(1)(d) shall be sought from a person—

(a) regularly employed by the board as an educational psychologist; or

(b) engaged by the board as an educational psychologist in the case in question.

(2) The advice sought from a person as provided in paragraph (1) shall, if that person has reason to believe that another psychologist has relevant knowledge of, or information relating to, the child, be advice given after consultation with that other psychologist.

(3) Paragraph (2) is without prejudice to regulation 6(3).

Matters to be taken into account in making an assessment N.I.

10.  When making an assessment a board shall take into consideration—

(a) any representations made by the child's parent under Article 15(1)(d) or 20A(3)(d);

(b) any evidence submitted by, or at the request of, the child's parent under Article 15(1)(d) or 20A(3)(d); and

(c) the advice obtained under regulation 6.

Time limits and prescribed information relating to assessment N.I.

11.—(1) Where under Article 15(1) a board serves a notice on a child's parent informing him that it is considering whether to make an assessment it shall within 6 weeks beginning with the date of service of that notice give notice to the child's parent of—

(a) its decision to make an assessment, and of its reasons for making that decision, or

(b) its decision not to assess the educational needs of the child and of its reasons for that decision, and

in either case the availability to the parent of advice and information from the board on matters related to his child's special educational needs under Article 21A M15 .

(2) Where under Article 20(1) a parent asks the board to arrange for an assessment to be made it shall within 6 weeks beginning with the date of receipt of the request, give notice to the child's parent—

(a) of—

(i) its decision to make an assessment;

(ii) its reasons for making that decision, and

(iii) the availability to the parent of advice and information from the board on matters related to his child's special educational needs under Article 21A; or

(b) of—

(i) its decision not to comply with the parent's request;

(ii) its reasons for making that decision;

(iii) the availability to the parent of advice and information from the board on matters related to his child's special educational needs under Article 21A;

(iv) the availability to the parent of arrangements for the avoidance and resolution of disputes between parents and boards made by the board under Article 21B(1) M16 ;

(v) the parent's right to appeal to the Tribunal against the decision not to make an assessment;

(vi) the time limit within which an appeal must be made to the Tribunal, and

(vii) the fact that the arrangements for the avoidance and resolution of disputes made under Article 21B(1) cannot affect the parent's right of appeal to the Tribunal and that a parent may appeal to the Tribunal and enter into the arrangements made under Article 21B(1).

(3) Where Article 20A(1) applies a board shall, within 6 weeks beginning with the date of receipt of a request from a responsible body that an assessment of a child be made, give notice to that body—

(a) of the board's decision to make an assessment, and of its reasons for making that decision, or

(b) of the board's decision not to assess the educational needs of the child, and of its reasons for making that decision.

(4) Where Article 20A(1) applies a board shall, within 6 weeks beginning with the date of receipt of a request from a responsible body that an assessment of a child be made, give notice to the child's parent—

(a) of—

(i) the board's decision to make an assessment;

(ii) the board's reasons for making that decision, and

(iii) the availability to the parent of advice and information from the board about matters related to his child's special educational needs under Article 21(A), or

(b) of—

(i) the board's decision not to assess the educational needs of the child;

(ii) the board's reasons for making that decision;

(iii) the availability to the parent of advice and information from the board on matters related to his child's special educational needs under Article 21(A);

(iv) the availability to the parent of arrangements for the avoidance and resolution of disputes between parents and boards made by the board under Article 21B(1);

(v) the parent's right to appeal to the Tribunal against the decision not to make an assessment;

(vi) the time limit within which an appeal must be made to the Tribunal, and

(vii) the fact that the arrangements for the avoidance and resolution of disputes made under Article 21B(1) cannot affect the parent's right to appeal to the Tribunal and that the parent may appeal to the Tribunal and enter into the arrangements made under Article 21B(1).

(5) A board need not comply with the time limits referred to in paragraphs (1) to (4) if it is impractical to do so because—

(a) the board has requested advice from the principal of a school during a period beginning one week before any date on which that school was closed for a continuous period of not less than 4 weeks beginning with that date and ending one week before the date on which it re-opens;

(b) exceptional personal circumstances affect the child or his parent during the 6 week period referred to in paragraphs (1) to (4), or

(c) the child or his parent is absent from the board's area for a continuous period of not less than 4 weeks during the 6 week period referred to in paragraphs (1) to (4).

(6) Subject to paragraph (7), where under Article 15(4) or 20A(7) a board has given notice to the child's parent of its decision to make an assessment it shall complete that assessment within 10 weeks beginning with the date on which such notice was given.

(7) A board need not comply with the time limit referred to in paragraph (6) if it is impractical to do so because—

(a) in exceptional cases after receiving the advice sought under regulation 6 it is necessary for the board to seek further advice;

(b) the child's parent has indicated to the board that he wishes to provide advice to the board after the expiry of 6 weeks beginning with the date on which a request for such advice under regulation 6(1)(a) was received, and the board has agreed to consider such advice before completing the assessment;

(c) the board has requested advice from the principal of a school under regulation 6(1)(b) during a period beginning one week before any date on which that school was closed for a continuous period of not less than 4 weeks beginning with that date and ending one week before the date on which it re-opens;

(d) the board has requested advice from a health and social services authority under regulation 6(1)(c) or (e) and the health and social services authority has not complied with that request within 6 weeks beginning with the date on which it was made;

(e) exceptional personal circumstances affect the child or his parent during the 10 week period referred to in paragraph (6);

(f) the child or his parent is absent from the board's area for a continuous period of not less than 4 weeks during the 10 week period referred to in paragraph (6); or

(g) the child fails to keep an appointment for an examination or a test during the 10 week period referred to in paragraph (6).

(8) Subject to paragraph (9) where a board has requested help from a health and social services authority in the making of an assessment under Article 15, the health and social services authority shall comply with that request within 6 weeks beginning with the date on which it receives it.

(9) A health and social services authority need not comply with the time limit referred to in paragraph (8) if it is impractical to do so because—

(a) exceptional personal circumstances affect the child or his parent during the 6 week period referred to in paragraph (8);

(b) the child or his parent is absent from the board's area for a continuous period of not less than 4 weeks during the 6 week period referred to in paragraph (8),

(c) the child fails to keep an appointment for an examination or a test made by the authority during the 6 week period referred to in paragraph (8), or

(d) the authority has not before the date on which a copy of a notice has been served on it in accordance with regulation 5(2), (4) or (5) produced or maintained any information or records relevant to the assessment of the child under Article 15.

(10) This regulation shall have effect subject to regulation 16.

Marginal Citations

M15 Article 21A was inserted by S.I.2005/1117 (N.I. 6) Article 4

M16 Article 21B was inserted by S.I. 2005/1117(N.I. 6) Article 5

Children without statements in special schools N.I.

12.  If a child without a statement has been admitted to a special school for the purposes of an assessment under Article 15 at that school, he may remain there—

(a) until the expiry of 10 days during which the school is open to pupils after the board serves a notice under Article 17 informing the child's parent that it does not propose to make a statement;

(b) until a statement is made as under Article 16; or

(c) if a child has been admitted to a special school established in a hospital, until he is no longer in that hospital.

PART III N.I. STATEMENTS

Notices accompanying a proposed statement or proposed amended statement following a re-assessment review N.I.

13.  A notice served by a board on a parent under paragraph 4(2) of Schedule 2 to the 1996 Order when—

(a) a copy of a proposed statement is served under paragraph 2 of that Schedule; or

(b) a copy of a proposed amended statement is served under paragraph 3 of that Schedule

shall contain the information as specified in Part A of Schedule 1.

Amendment notice following a review under Article 19(1)(b) N.I.

14.  The notice served by a board on a parent under paragraph 4(2) of Schedule 2 to the 1996 Order when an amendment notice is served under paragraph 3 of that Schedule shall contain the information as specified in Part B of Schedule 1.

Statement of special educational needs N.I.

15.  A statement shall—

(a) be in a form substantially corresponding to that set out in Schedule 2;

(b) contain the information therein specified;

(c) be dated and authenticated by the signature of a duly authorised officer of the board concerned;

(d) set out whether it is the first statement made by the board for the child or a subsequent statement; and

(e) indicate on the first page if it is—

(i) amended following a review under Article 19(1)(b) and the date of that review;

(ii) amended following a review other than a review under Article 19(1)(b), and the date of that review;

(iii) amended in compliance with an order of the Tribunal, and the date of any such order; or

(iv) amended pursuant to a direction of the Department, and the date of any such direction.

Time limit relating to a proposed statement N.I.

16.—(1) This regulation applies where a board has—

(a) served a notice on a parent under Article 15;

(b) received a request from a child's parent under Article 20(1) to arrange for an assessment to be made; or

(c) received a request from a responsible body under Article 20A(1) to arrange for an assessment to be made,

and it is necessary under Article 16(1) for the board to make a statement.

(2) Subject to paragraph (3), the period within which a board shall serve on the child's parent a proposed statement under paragraph 2 of Schedule 2 to the 1996 Order shall be 18 weeks beginning with the date on which it served the notice referred to in paragraph (1)(a) or received the request referred to in paragraph (1)(b) or (c), as the case may be.

(3) A board need not comply with the time limit referred to in paragraph (2) if it is impractical to do so for any of the reasons mentioned in regulation 11(7).

Time limits and prescribed information relating to a statement N.I.

17.—(1) Where a board has made an assessment of a child for whom no statement is maintained it shall—

(a) serve a copy of a proposed statement and a notice on the child's parent under paragraphs 2(1) and 4(2) of Schedule 2 to the 1996 Order; or

(b) within a period of 2 weeks beginning with the date on which the assessment was made give notice to the child's parent—

(i) under Article 17 that it has decided not to make a statement;

(ii) of its reasons for that decision;

(iii) of the parent's right of appeal against that decision to the Tribunal; and

(iv) of the time limit within which an appeal must be made.

(2) Where a board has made an assessment of a child for whom a statement is maintained it shall—

(a) serve on the child's parent a copy of a proposed amended statement and a notice under paragraphs 3(2) and 4(2) of Schedule 2 to the 1996 Order; or

(b) give notice to the child's parent—

(i) under paragraph 13(2) of Schedule 2 to the 1996 Order that it has decided to cease to maintain the statement;

(ii) of the parent's right of appeal against that decision to the Tribunal; and

(iii) of the time limit within which an appeal to the Tribunal must be made; or

(c) serve on the child's parent a notice—

(i) which informs him that it has decided not to amend the statement;

(ii) which informs him of its reasons for that decision;

(iii) which is accompanied by copies of the professional advice obtained during the assessment;

(iv) which informs him that under Article 18(1A) he may appeal to the Tribunal against the description in the statement of the board's assessment of the child's special educational needs, the special educational provision specified in the statement (including the name of a school so specified) or, if no school is named in the statement, that fact; and

(v) which informs him of the time limit within which an appeal to the Tribunal must be made.

(3) Subject to paragraph (5), where a board has served a copy of a proposed statement or proposed amended statement on the child's parent under paragraph 2(1) or 3(2) of Schedule 2 to the 1996 Order the board shall within 8 weeks beginning with the date on which the proposed statement or proposed amended statement was served, serve a copy of the completed statement or completed amended statement and a written notice on the child's parent under paragraph 9(1) and 9(2) of that Schedule.

(4) The board need not comply with the time limit referred to in paragraph (3) if it is impractical to do so because—

(a) exceptional personal circumstances affect the child or his parent during the 8 week period referred to in paragraph (3);

(b) the child or his parent is absent from the board's area for a continuous period of not less than 4 weeks during the 8 week period referred to in paragraph (3);

(c) the child's parent indicates that he wishes to make representations to the board about the content of the statement under paragraph 7(1) of Schedule 2 to the 1996 Order after the expiry of the 15 day period for making such representations provided for in paragraph 7(4) of that Schedule;

(d) a meeting between the child's parent and an officer of the board has been held pursuant to paragraph 7(1) of Schedule 2 of the 1996 Order and the child's parent under paragraph 7(2) of that Schedule has either required that another such meeting be arranged or has required a meeting with the appropriate person (as defined in paragraph 7(3) of that Schedule) to be arranged; or

(e) the board has sent a written request to the Department seeking its consent under Article 12 to the child being educated at an institution in Northern Ireland other than a grant aided school and that institution is not approved under Article 26 and such consent has not been received by the board within 3 weeks beginning with the date on which the request was sent.

(5) Where under paragraph 11(1)(a) of Schedule 2 to the 1996 Order the child's parent asks the board to substitute for the name of the school or institution specified in a statement the name of a grant aided school specified by him and where the conditions referred to in paragraph 11(1)(b) of that Schedule have been satisfied the board shall within 8 weeks beginning with the date on which the request was received either—

(a) comply with the request; or

(b) give notice to the child's parent under paragraphs 11(3) and (4) of that Schedule that it has decided not to comply with the request, its reasons for that decision, and of his right to appeal against that decision to the Tribunal.

(6) Subject to paragraph (7), where under paragraph 3(4) of Schedule 2 to the 1996 Order a board has served an amendment notice on the child's parent informing him of its proposal to amend a statement it shall amend the statement within 8 weeks beginning with the date on which the notice was served.

(7) The board need not comply with the time limit in paragraph (6) where—

(a) the amendment notice contained an amendment about the type or name of a school or institution or the provision made for the child concerned under the arrangements made under Article 10; and

(b) it is impractical to do so because of any of the circumstances referred to in paragraph (4)(a) to (e) apply in relation to the 8 week period referred to in paragraph (6).

(8) Where under paragraph 13(1) of Schedule 2 to the 1996 Order a board gives notice to a child's parent that it has decided to cease to maintain a statement, the board shall not cease to maintain the statement before the expiry of the period during which the parent may appeal to the Tribunal against the decision.

(9) Any notice given in accordance with this regulation shall inform the parent on whom it is served of—

(a) the availability to the parent of advice and information from the board on matters related to his child's special educational needs under Article 21A;

(b) the availability to the parent of arrangements with a view to avoiding or resolving disagreements between parents and boards made by the board under Article 21B; and

(c) the fact that the arrangements made under Article 21B cannot affect any right the parent has to appeal to the Tribunal and that the parent may appeal to the Tribunal and take up the arrangements made under Article 21B.

Review of statement where child not aged 14 attends school N.I.

18.—(1) This regulation applies where—

(a) a board carries out a review under Article 19(1);

(b) the child concerned attends a school; and

(c) regulation 19 does not apply.

(2) The Board shall by notice in writing require the principal of the child's school to submit a report to it under this regulation by a specified date not less than 2 months beginning with the date on which the notice is given and shall send a copy of the notice to the child's parent.

(3) The principal shall for the purpose of preparing the report referred to in paragraph (2) seek advice as to the matters referred to in paragraph (4) from—

(a) the child's parent;

(b) any person whose advice the board considers appropriate for the purpose of arriving at a satisfactory report and whom it specifies in the notice referred to in paragraph (2);

(c) any person whose advice the principal considers appropriate for the purpose of arriving at a satisfactory report.

(4) The advice referred to in paragraph (3) shall be written advice as to—

(a) the child's progress towards meeting the objectives specified in the statement;

(b) the child's progress towards attaining any targets established in furtherance of the objectives specified in the statement;

(c) where the school the child attends is a grant-aided school—

(i) any modifications to or exclusions from the application of the Northern Ireland curriculum to the child;

(ii) the appropriateness of any provisions substituted for the provisions of the Northern Ireland curriculum in order to maintain a balanced and broadly based curriculum;

(d) where appropriate, and in any case where a transition plan exists, any matters which are the appropriate subject of such a plan;

(e) whether the statement continues to be appropriate;

(f) any amendments to the statement which would be appropriate;

(g) whether the board should cease to maintain the statement.

(5) The notice referred to in paragraph (2) shall require the principal to invite the following persons to attend a meeting to be held on a date before the report referred to in that paragraph is submitted—

(a) the representative of the board specified in the notice;

(b) the child's parent;

(c) a member or members of the staff of the school who teach the child or who are otherwise responsible for the provision of education for the child whose attendance the principal considers appropriate;

(d) any other person whose attendance the principal considers appropriate; and

(e) any person whose attendance the board considers appropriate and who is specified in the notice.

(6) The principal shall not later than 2 weeks before the date on which a meeting referred to in paragraph (5) is to be held send to all persons invited to that meeting copies of the advice he has received pursuant to his request under paragraph (3) and by written notice accompanying the copies shall request the recipients to submit to him before or at the meeting any written comments on that advice and any other advice which they think appropriate.

(7) The meeting referred to in paragraph (5) shall consider—

(a) the matters referred to in paragraph (4);

(b) any significant changes in the child's circumstances since the date on which the statement was made or last reviewed.

(8) The meeting referred to in paragraph (5) shall recommend—

(a) any steps which it concludes ought to be taken, including whether the board should amend or cease to maintain the statement;

(b) any targets to be established in furtherance of the objectives specified in the statement which it concludes the child ought to meet during the period until the next review;

(c) where a transition plan exists, the matters which it concludes ought to be included in that plan.

(9) If the meeting cannot agree the recommendations to be made under paragraph (8) the persons who attended the meeting shall make differing recommendations as it appears necessary to each of them.

(10) The report to be submitted under paragraph (2) shall be completed after the meeting is held and shall include the principal's assessment of the matters referred to in paragraph (7) and his recommendations as to the matters referred to in paragraph (8), and shall refer to any difference between his assessment and recommendations and those of the meeting.

(11) Where the principal submits his report to the board under paragraph (2) he shall at the same time send copies to—

(a) the child's parent;

(b) the persons from whom the principal sought advice under paragraph (3);

(c) the persons who were invited to the meeting in accordance with paragraph (5);

(d) any other person to whom the board considers it appropriate that a copy be sent and to whom it directs him to send a copy;

(e) any other person to whom the principal considers it appropriate that a copy be sent.

(12) The board shall review the statement under Article 19(1) in light of the report and any other information or advice which it considers relevant, shall make written recommendations as to the matters referred to in paragraph (8)(a) and (b) and, where a transition plan exists, shall amend the plan as it considers appropriate.

(13) The board shall send copies of the recommendations and any transition plan referred to in paragraph (12) to—

(a) the child's parent;

(b) the principal;

(c) the persons from whom the principal sought advice under paragraph (3);

(d) the persons who were invited to attend the meeting in accordance with paragraph (5);

(e) any other person to whom it considers it appropriate that a copy be sent.

First review of statement after a child's 14th birthday for a child who attends school N.I.

19.—(1) This regulation applies where—

(a) a board carries out a review of a child's statement under Article 19(1);

(b) the child concerned attends a school;

(c) the review is the first review commenced on or after the date on which child has attained the age of 14 years.

(2) The board shall for the purpose of preparing a report under this regulation by notice require the principal of the child's school to seek the advice referred to in regulation 18(4) from—

(a) the child's parent;

(b) any person whose advice the board considers appropriate for the purpose of arriving at a satisfactory report and whom it specifies in the notice;

(c) any person whose advice the principal considers appropriate for the purpose of arriving at a satisfactory report.

(3) The board shall invite the following persons to attend a meeting to be held on a date before the review referred to in paragraph (1) is required to be completed—

(a) the child's parent;

(b) a member or members of staff of the school who teach the child or who are otherwise responsible for the provision of education for the child whose attendance the principal considers appropriate and whom he has asked the board to invite;

(c) a representative of the health and social services authority;

(d) a person providing careers services under section 1 of the Employment and Training Act (Northern Ireland) 1950 M17 ;

(e) any person whose attendance the principal considers appropriate and whom he has asked the board to invite; and

(f) any person whose attendance the board considers appropriate.

(4) The principal shall not later than two weeks before the date on which the meeting referred to in paragraph (3) is to be held serve on all the persons invited to attend that meeting copies of the advice he has received pursuant to his request under paragraph (2) and shall by written notice request the recipients to submit to him before or at the meeting any written comments on that advice and any other advice which they think appropriate.

(5) A representative of the board shall attend the meeting referred to in paragraph (3).

(6) The meeting referred to in paragraph (3) shall consider the matters referred to in regulation 18(7)(a) and (b) and shall make recommendations in accordance with regulation 18(8) and (9).

(7) The report to be prepared by the board under this regulation shall be completed after the meeting, shall contain the board's assessment of the matters required to be considered by the meeting and its recommendations as to the matters required to be recommended by it and shall refer to any difference between its assessment and recommendations and those of the meeting.

(8) The board shall send copies of the report to—

(a) the child's parent;

(b) the principal;

(c) the persons from whom the principal sought advice under paragraph (2);

(d) the persons who were invited to attend the meeting under paragraph (3);

(e) any person to whom it considers it appropriate to send a copy.

(9) The board shall review the statement under Article 19(1) in light of the report and any other information or advice which it considers relevant, shall make written recommendations as to the matters referred to in regulation 18(8)(a) and (b), and shall prepare a transition plan.

(10) The board shall send copies of the recommendations and the transition plan referred to in paragraph (9) to the persons referred to in paragraph (8).

Marginal Citations

M17 1950 c. 29 (N.I.) as amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 S.I. 1988/1087 (N.I. 10)

Review of statement where child does not attend school N.I.

20.—(1) This regulation applies where a board carries out a review of a statement under Article 19(1) and the child concerned does not attend school.

(2) The board shall prepare a report addressing the matters referred to in regulation 18(4), in any case where the review referred to in paragraph (1) is commenced on or after the date on which the child has attained the age of 14 years, and for that purpose shall seek advice on those matters from the child's parent and any other person whose advice it considers appropriate for the purpose of arriving at a satisfactory report.

(3) The board shall invite the following persons to attend a meeting to be held before the review referred to in paragraph (1) is required to be completed—

(a) the child's parent;

(b) where the review referred to in paragraph (1) is the first review commenced after the date on which the child has attained the age of 14 years—

(i) a representative of the health and social services authority;

(ii) a person providing careers services under Section 1 of the Employment and Training Act (Northern Ireland) 1950; and

(c) any person whose attendance the board considers appropriate.

(4) The board shall not later than 2 weeks before the date on which the meeting referred to in paragraph (3) is to be held send to all the persons invited to that meeting a copy of the report which it proposes to make under paragraph (2) and by written notice accompanying the copies shall request the recipients to submit to the board any written comments on the report and any other advice which they think appropriate.

(5) A representative of the board shall attend the meeting referred to in paragraph (3).

(6) The meeting referred to in paragraph (3) shall consider the matters referred to in regulation 18(7)(a) and ((b) and shall make recommendations in accordance with regulation 18(8) and (9).

(7) The report prepared by the board under paragraph (2) shall be completed after the meeting referred to in paragraph (3) is held, shall contain the board's assessment of the matters required to be considered by the meeting and its recommendations as to the matters required to be recommended by the meeting, and shall refer to any difference between its assessment and recommendations and those of the meeting.

(8) The board shall send copies of the report to—

(a) the child's parent;

(b) the persons from whom it sought advice under paragraph (2);

(c) the persons who were invited to attend the meeting under paragraph (3);

(d) to any person whom it considers it appropriate to send a copy.

(9) The board shall review the statement under Article 19(1) in light of the report and any other information or advice which it considers relevant, shall make written recommendations as to the matters referred to in regulation 18(8)(a) and (b), in any case where the review is the first review commenced on or after the date on which the child has attained the age of 14 years prepare a transition plan, and where a transition plan already exists, amend the plan as it considers appropriate.

(10) The board shall send copies of the recommendations and any transition plan referred to in paragraph (9) to the persons referred to in paragraph (8).

Transfer of statements N.I.

21.—(1) This regulation applies where a child in respect of whom a statement is maintained moves from the board area which maintains the statement (ëthe old board') into that of another board (“the new board”).

(2) The old board shall transfer the statement to the new board.

(3) From the date of the transfer—

(a) the statement shall be treated for the purposes of the new board's duties and functions under Part II of the 1996 Order and these Regulations as if it had been made by the new board on the date on which it was made by the old board; and

(b) where the new board makes an assessment under Article 15 and the old board has supplied the new board with advice obtained in pursuance of a previous assessment regulation 6(5) shall apply as if the new board had obtained the advice on the date on which the old board obtained it.

(4) The new board shall within 6 weeks beginning with the date on which the statement was transferred to it serve a notice on the child's parent informing him—

(a) that the statement has been transferred;

(b) whether it proposes to make an assessment under Article 15; and

(c) when it proposes to review the statement in accordance with paragraph (5).

(5) The new board shall review the statement under Article 19(1) before the expiry of whichever of—

(a) the period of 12 months beginning with the making of the statement, or as the case may be, with the previous review; or

(b) the period of 3 months beginning with the date of the transfer,

whichever is the later.

(6) Where by virtue of the transfer of the statement the new board comes under a duty to arrange the child's attendance at a school specified in the statement but as a result of the child's move into the area of the new board that attendance is no longer practicable, the new board may arrange for the child's attendance at another school appropriate for the child until such time as it is possible to amend the statement in accordance with the procedure set out in Schedule 2 to the 1996 Order.

Restriction on disclosure of statements N.I.

22.—(1) Subject to the provisions of the 1996 Order and of these Regulations, a statement in respect of a child shall not be disclosed without the parent's consent except—

(a) to persons to whom, in the opinion of the board concerned, the statement should be disclosed in the interests of the child;

(b) for the purpose of any appeal under the 1996 Order;

(c) for the purposes of educational research which, in the opinion of the board, may advance the education of children with special educational needs, if, but only if, the person engaged in that research undertakes not to publish anything contained in, or derived from, a statement otherwise than in a form which does not identify any individual concerned including, in particular, the child concerned or his parent;

(d) on the orders of any court or for the purposes of any criminal proceedings;

(e) for the purposes of any investigation under the Commissioner for Complaints (Northern Ireland) Order 1996 M18 ;

(f) to the Department when it requests such disclosure for the purpose of deciding whether to give directions or make an order under Article 101 of the 1986 Order M19 ;

(g) for the purposes of an assessment of the needs of the child with respect to the provisions of any statutory services for him being carried out by officers of a health and social services authority by virtue of arrangements made under section 5(5) of the Disabled Persons (Northern Ireland) Act 1989 M20 ;

(h) for the purposes of a health and social services authority in the performance of its duties under Article 26(1)(a), 174(6), 175(3), 176(2), or 177(5) of the Children (Northern Ireland) Order 1995 M21 ; or

(i) to an inspector, pursuant to Article 102 of the 1986 Order M22 .

(2) The arrangement for keeping such statements shall be such as to ensure, so far as is reasonably practicable, that unauthorised persons do not have access to them.

(3) In this regulation any reference to a statement includes a reference to any representations, evidence, advice or information which is set out in the appendices to a statement.

Marginal Citations

M18 S.I. 1996/1297 (N.I. 7)

M19 As substituted by S.I. 1989/2406 (N.I. 20) Article 158

M20 1989 c. 10 as amended by Article 7 of and Schedule 1 to the Health and Social Services (Northern Ireland) Order 1994 S.I. 1994/429 (N.I. 2)

M21 S.I. 1995/755 (N.I. 2)

M22 Article 102 was substituted by S.I. 1996/274 (N.I. 1) Article 33

PART IV N.I. COMPLIANCE WITH TRIBUNAL ORDERS

Compliance with Tribunal orders N.I.

23.—(1) Subject to paragraph (4), if the Tribunal, following an appeal to it by a parent, makes an order requiring a board to perform an action referred to in paragraph (2) the board shall perform that action within the period specified in that paragraph.

(2) In the case of an order—

(a) to make an assessment, the board shall notify the child's parent within 4 weeks that it will make an assessment under Article 15(4) or 20A(7) as the case may be;

(b) to make and maintain a statement under Article 16, the board shall make a statement within 5 weeks;

(c) remitting a case back to the board under Article 17(3)(c) the board shall take the action referred to in regulation 15(1)(a) or (b) within 2 weeks;

(d) to amend a statement, the board shall serve an amendment notice on the child's parent under paragraph 3 of Schedule 2 to the 1996 Order within 5 weeks;

(e) to continue to maintain a statement, the board shall continue to maintain the statement with immediate effect;

(f) to continue to maintain and to amend a statement, the board shall continue to maintain the statement with immediate effect and shall serve an amendment notice on the child's parent under paragraph 3 of Schedule 2 to the 1996 Order within 5 weeks;

(g) to substitute the name of the school or other institution specified in a child's statement with the name of a school specified by a parent, the board shall specify the school specified by the parent within 2 weeks unless the school is closed to pupils and in those circumstances within 2 weeks of the school next reopening;

(h) dismissing an appeal against a determination to cease to maintain a statement, the board shall cease to maintain that statement immediately or on a date proposed by the board, whichever is the later.

(3) In each case the period shall begin on the day after the issue of the order in question.

(4) The board need not comply with the time limits referred to in paragraph (2) if it is impractical to do so because—

(a) exceptional personal circumstances affect the child or his parent during the relevant time period;

(b) the child or his parent is absent from the board's area for a continuous period of not less than 2 weeks during the relevant time period;

(c) the child's parent indicates that he wishes to make representations to the board about the content of the statement under paragraph 7(1) of Schedule 2 to the 1996 Order after the expiry of the 15-day period for making such representations provided for in paragraph 7(4) of that Schedule;

(d) a meeting between the child's parent and an officer of the board has been held pursuant to paragraph 7(4) of Schedule 2 to the 1996 Order and the child's parent under paragraph 7(2) of that Schedule either required that another such meeting be arranged or has required that a meeting with the appropriate person (as defined in paragraph 7(3) of that Schedule) be arranged; or

(e) the board has sent a written request to the Department seeking its consent under Article 12 to the child being educated at an institution in Northern Ireland other than a grant aided school and that institution is not approved by it under Article 26 and such consent has not been received by the board within 3 weeks beginning with the date on which the request was sent.

Compliance with parents' requests when a board concedes an appeal to the Tribunal N.I.

24.—(1) Subject to paragraph (3) if, under Article 18A, an appeal to the Tribunal is treated as having been determined in favour of the parent making the appeal, the board shall—

(a) in the case of an appeal under Article 17, make a statement within 5 weeks;

(b) in the case of an appeal under Article 20 or 20A the board shall make an assessment within 4 weeks, and

(c) in the case of an appeal under paragraph 11(3) of Schedule 2 to the 1996 Order against a determination not to comply with the parent's request to substitute the name of a grant-aided school for the name of a school or institution specified in the statement, comply with that request within 2 weeks.

(2) In each case the period shall begin on the day after the board notifies the Tribunal that they have determined that they will not, or no longer, oppose the appeal.

(3) The board need not comply with the time limits referred to in paragraph (1) if it is impractical to do so because—

(a) exceptional personal circumstances affect the child or his parent during the relevant time period;

(b) the child or his parent is absent from the board's area for a continuous period of not less than 2 weeks during the relevant time period;

(c) the child's parent indicates that he wishes to make representations to the board about the content of the statement under paragraph 7(1) of Schedule 2 after the expiry of the 15 day period for making such representations provided for in 7(4) of that Schedule;

(d) a meeting between the child's parent and an officer of the board has been held pursuant to paragraph 7(1) of Schedule 2 to the 1996 Order and the child's parent under paragraph 7(2) of that Schedule either required that another such meeting be arranged or has required that a meeting with the appropriate person (as defined in paragraph 7(3) of that Schedule) to be arranged; or

(e) the board has sent a written request to the Department seeking its consent under Article 12 to the child being educated at an institution in Northern Ireland other than a grant aided school and that institution is not approved under Article 26 and such consent has not been received by the board within 3 weeks beginning with the day on which the request was sent.

PART V N.I. REVOCATIONS AND TRANSITIONAL PROVISIONS

Revocations N.I.

25.  Subject to regulation 26, the following Regulations are hereby revoked—

(a) the Education (Special Educational Needs) Regulations (Northern Ireland) 1997 M23 ; and

(b) the Education (Special Educational Needs) (Amendment) Regulations (Northern Ireland) 1998 M24 .

Marginal Citations

M23 S.R. 1997 No. 327

M24 S.R. 1998 No. 217

Transitional provisions N.I.

26.—(1) Subject to the following provisions of this regulation references in these Regulations to anything done under these Regulations shall be read in relation to the times, circumstances or purposes in relation to which a corresponding provision of the 1997 Regulations had effect and so far as the nature of the reference permits as including a reference to that corresponding provision.

(2) Regulations 4 to 9 of the 1997 Regulations shall continue to apply in relation to any assessment where before 1st September 2005 in pursuance of Article 15(4) the board notifies the parent that it has decided to make an assessment.

(3) Where regulations 4 to 9 of the 1997 Regulations continue to apply in relation to any assessment but the board has not before 1st January 2006—

(a) notified the parent of its decision not to make a statement in accordance with Article 17(1);

(b) served on the parent a copy of a proposed statement in accordance with paragraph 2 of Schedule 2 to the 1996 Order; or

(c) served on the parent a copy of a proposed amended statement under paragraph 3 of Schedule 2 to the 1996 Order,

regulations 5 to 10 shall apply in relation to the assessment from 1st January 2006 as if on that date the board had given notice to the parent under Article 15(4) of its decision to make an assessment.

(4) Where in accordance with paragraph (3) regulations 5 to 10 apply in relation to an assessment the board shall obtain advice in accordance with Part II, but advice obtained in accordance with the 1997 Regulations shall be considered to have been obtained under Part II if such advice is appropriate for the purpose of arriving at a satisfactory assessment under that Part.

(5) Where before 1st September 2005 in accordance with Article 15(1) the board has served notice on the child's parent that it proposes to make an assessment but it has not before that date notified the parent under Article 15(1) that it has decided to make the assessment or notified him under Article 15(6) that it has decided not to make the assessment regulation 9A of the 1997 Regulations M25 shall continue to apply for the purpose of any such notification under Article 15(4) or 15(6) only.

(6) Where before 1st September 2005 in accordance with Article 20 a parent has asked the board to arrange for an assessment to be made of his child's educational needs but the board has not before that date notified the parent under Article 15(4) that it has decided to make the assessment or notified him under Article 20(3)(a) that it has decided not to make the assessment, regulation 9A of the 1997 Regulations shall continue to apply for the purpose of any notification under Article 15(4) or 20(3)(a) only.

(7) Regulations 11 and 12 of the 1997 Regulations shall continue to apply to the making of any statement where before 1st September 2005 the board has served on the parent a copy of a proposed statement in accordance with paragraph 2 of Schedule 2 to the 1996 Order.

(8) Regulation 12 of the 1997 Regulations shall continue to apply in relation to a proposal to amend a statement where a board serves a notice under paragraph 10(1) or 11(2) of Schedule 2 to the 1996 Order before 1st September 2005.

(9) Regulation 13 of the 1997 Regulations shall continue to apply to a review of a statement in respect of which a board serves a notice as required by regulation 14(2) of those Regulations before 1st September 2005.

(10) Regulation 14 of the 1997 Regulations shall continue to apply to a review of a statement in respect of which a board serves a notice as required by regulation 14(2) of those Regulations before 1st September 2005.

(11) Regulation 15 of the 1997 Regulations shall continue to apply to a review in respect of which a board in accordance with regulation 15(3) of those Regulations has before 1st September 2005 invited the attendance of the persons specified in that regulation to a meeting.

Marginal Citations

M25 Regulation 9A was inserted by S.R. 1998 No. 217 regulation 2

Sealed with the Official Seal of the Department of Education on 10th August 2005.

L.S.

Christine Jendoubi

A senior officer of the

Department of Education

SCHEDULES

SCHEDULE 1 N.I.

PART A N.I. notice to parent to accompany a proposed statement or proposed amended statement following re-assessment — regulation 13

Name and address of Board

Date

Address of Parents

Dear [here insert name of parents]

[Insert Name and Date of Birth of Child]

I am pleased to enclose a copy of [child's name] proposed [statement of special educational needs/amended statement of special educational needs]. We have attached to it copies of all the advice we were given during [child's name] assessment.

If you want to meet us to talk about the proposed statement you need to contact us within 15 days of receiving this letter. This is not the final statement. You can ask for changes to be made to it and the rest of this letter tells you how you can do this.

Proposed Statement

• The proposed statement is in six parts:

• Part 1 Introduction

• Part 2 Special Educational Needs

• Part 3 Special Educational Provision, including objectives and monitoring arrangements

• Part 4 Placement

• Part 5 Non-educational needs

• Part 6 Non-educational provision

Preference as to School N.I.

We have left Part 4 blank so that you can tell us where you think [child's name] should be educated. You can tell us which grant-aided school, or grant-aided special school, you would like [child's name] to go to and tell us the reasons why. To help you decide, a list of all the grant-aided schools in the area is attached. [As appropriate, provide a list of all primary or secondary schools or special schools, depending on whether the child requires primary or secondary education].

If you suggest the name of a grant-aided school, we must name the grant aided school, whether mainstream or special, in Part 4 of the statement unless—

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

(b) the attendance of [child's name] at the school would be incompatible with the provision of efficient education for the children with whom [he/she] would be educated or the efficient use of resources.

If you think that [child's name] should attend a non-grant-aided special school or an independent school you can suggest the name of a school and tell us why you think the school should be named in [child's name] statement.

Parent representations N.I.

You may make representations about the proposed statement.

• • If you want to name a school that you want [child's name] to go to you must do so, including the reasons for your preference, within 15 days of getting this letter.

• • you may within 15 days of this letter make representation, and require that a meeting be arranged with an officer of the Board to discuss your preference of school or the contents of the proposed statement.

• • if you attend a meeting with us to discuss this statement after getting this letter you will have another 15 days from that meeting to suggest a school.

• • within 15 days of such a meeting you may make further representations or, if you disagree with any part of the assessment, require the board to arrange a meeting or meetings to discuss the advice used in the assessment with the person who gave the advice or someone else they suggest, or any other person the Board considers is the appropriate person to discuss it with you. We can arrange more than one meeting if necessary, if you disagree with more than one part of the advice.

• • within a final 15 days from the last meeting you may make further comments to us.

Once all these stages are finished we will send you a final statement that will have Part 4 completed and, as appropriate, amendments made as result of representations.

Consultation on specifying name of school in the statement N.I.

When we are considering specifying the name of a grant-aided school in the statement or amended statement we will send a copy of the proposed statement to the school(s) in question and will consult with the Board of Governors of the school within the boards area, or if the school is in another board area, directly with that board.

Any Question or Concerns N.I.

If you have any questions or concerns about this process, or disagree with any part of the statement you may wish to seek advice from the Advice and Information Service or to make use of the Dispute Avoidance and Resolution Service (DARS) set up to avoid and resolve disputes between you and the board. These services can be contacted at [contact address and telephone number].

Right of Appeal N.I.

Using the Dispute Avoidance and Resolution Service (DARS) does not prevent you from appealing to the Special Educational Needs and Disability Tribunal for Northern Ireland about Parts 2, 3 or 4 of the Statement at the same time. Your rights are not affected and an appeal to the Tribunal can take place at the same time as any dispute resolution.

When you receive the final statement, if you disagree with Parts 2, 3 or 4 you can appeal to the Special Educational Needs and Disability Tribunal for Northern Ireland. The Tribunal can hold a hearing to decide what should be in these parts of [child's name] statement. You have two months from receiving the final statement to appeal to the Tribunal, the address of which is 2nd Floor, Albany House, 73-75 Great Victoria Street, Belfast BT2 7AF.

If you have any questions, now or at any time, about this process or about the statement itself, the nominated officer is [name], who can be contacted at [address and telephone number].

Yours sincerely

[Signature of Board officer]

PART B N.I. amendment notice to parent following a review — regulation 14

Name and address of Board

Date

Address of Parents

Dear [here insert name of parents]

As you know an annual review of [child's name] statement of special educational needs dated [include the date of the statement] has recently been carried out.

As a result of this review the board would propose amending [child's name] statement. The details of the proposed changes to the statement are in the amendment notice attached. I also attach a copy of the existing statement. [The amendment notice should contain amendments about the type or name of a school or institution or provision for a child educated in Northern Ireland otherwise than in a grant aided school]

If you disagree with the suggested changes and want to meet us to talk about the changes please contact us within 15 days.

We [also] want to amend Part 4 of the statement [explain reasons why e.g. so that a child can go to a secondary school].

Preference as to School N.I.

You can tell us which grant-aided school, including a grant-aided special school you would like [child's name] to go to and tell us the reasons.

If you suggest the name of a grant-aided school, including a grant-aided special school, the board must name the school in Part 4 of the statement unless—

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

(b) the attendance of [insert child's name] at the school would be incompatible with the provision of efficient education for the children with whom [he/she] would be educated or the efficient use of resources.

If you think that [child's name] should attend a non-grant-aided special school or an independent school you can suggest the name of a school and tell us why you think that school should be named in [child's name] statement.

• • If you want to tell us the name of a school you want [child's name] to go to you must do so within 15 days of getting this letter. However, if you attend a meeting with the board to discuss the suggested changes to this statement after getting this letter you will have another 15 days from that meeting to name a school.

• • You can also tell us if you disagree with the changes to the statement that we are suggesting. If you do disagree with the suggested changes you must also tell us within 15 days of getting this letter.

Once all these stages are finished the board will send you an amended final statement.

Consultation on specifying name of school in the statement N.I.

When we are considering specifying the name of a grant-aided school in the statement or amended statement we will send a copy of the proposed statement to the school(s) in question and will consult with the Board of Governors of the school within the boards area, or if the school is in another board area, directly with that board.

Any Questions or Concerns N.I.

If you have any concerns or disagree with any part of the amended final statement you may wish to get advice from the Advice and Information Service or to make use of the Dispute Avoidance and Resolution Service arrangements put in place to help resolve or prevent any disagreements between you and the board.

Right of Appeal N.I.

Using either of these services does not prevent you from appealing to the Special Educational Needs and Disability Tribunal for Northern Ireland about Parts 2, 3 or 4 of the Statement at the same time; your rights are not affected and an appeal to the Tribunal can take place at the same time as any disagreement resolution.

When you receive the amended final statement, if you disagree with Parts 2, 3 or 4 of the statement you can appeal to the Special Educational Needs and Disability Tribunal for Northern Ireland. The Tribunal can hold a hearing to decide what should be in these parts of [child's name] statement. You have to appeal to the Tribunal within two months of getting the final statement. The address of the Tribunal is 2nd Floor, Albany House, 73-75 Great Victoria Street, Belfast BT2 7AF.

If you have any questions, now or at any time, about this process or about the statement itself, the nominated officer [name] can be contacted at [address and telephone number].

Yours sincerely

[Signature of Board officer]

SCHEDULE 2 N.I. STATEMENT OF SPECIAL EDUCATIONAL NEEDS — REGULATION 15

PART 1 N.I. introduction

1.  The following statement is made by [here insert name of Education and Library Board] in respect of the child whose name and other particulars are mentioned below. This statement is in accordance with Article 16 of the Education (Northern Ireland) Order 1996 (“the 1996 Order”) and the Education (Special Educational Needs) Regulations (Northern Ireland) 2005 (“the Regulations”). N.I.

Child

Surname	Other names
Home address
	Sex
	Religion
Date of Birth	Home language

Child's parent or person responsible

Surname	Other names
Home address
	Relationship to child
Telephone Number

2.  When assessing the child's special educational needs the board took into consideration the representations, evidence and advice set out in the Appendices to this statement, in accordance with regulation 10 of the Regulations. N.I.

PART 2 N.I. special educational needs

[Here set out the child's special educational needs, in terms of the child's learning difficulties which call for special educational provision, as assessed by the board.]

PART 3 N.I. special educational provision other than placement

Objectives

[Here specify the objectives which the special educational provision for the child should aim to meet.]

Educational provision to meet needs and objectives

[Here specify the special educational provision which the board considers appropriate to meet the needs specified in Part 2 and to meet the needs specified in this Part, and in particular specify—

(a) any appropriate facilities and equipment, staffing arrangements and curriculum;

(b) any appropriate modifications to the application of the Northern Ireland curriculum;

(c) any appropriate exclusions from the application of the Northern Ireland curriculum, in detail, and the provision which it is proposed to substitute for any such exclusions in order to maintain a balanced and broadly based curriculum; and

(d) where residential accommodation is appropriate, that fact.]

Monitoring

[Here specify the arrangements to be made for—

(a) regularly monitoring progress in meeting the objectives specified in this Part;

(b) establishing targets in furtherance of these objectives;

(c) regularly monitoring the targets referred to in (b);

(d) regularly monitoring the appropriateness of any modifications to the Northern Ireland curriculum; and

(e) regularly monitoring the appropriateness of any provision substituted for exclusions from the application of the Northern Ireland curriculum.

Here also specify any special arrangements for reviewing this statement.]

PART 4 N.I. special educational provision: placement

[Here specify—

(a) the type of school which the board considers appropriate for the child and the name of the school for which the parent has expressed a preference or, where the board is required to specify the name of a school, the name of the school which it considers appropriate for the child and should be specified; or

(b) the provision for his education otherwise than at a school which the board considers appropriate.

PART 5 N.I. non-educational needs

[Here specify the non-educational needs of the child for which the board considers provision is appropriate if the child is to benefit properly from the special educational provision specified in Part 3]

PART 6 N.I. non-educational provision

[Here specify any non-educational provision which the board proposes to make available or which it is satisfied will be made available by a health and social services authority or some other body, including the arrangements for its provision. Also specify the objectives of the provision, and the arrangements for monitoring progress in meeting those objectives.]

Signature   (A duly authorised officer of the Board)

Date

Appendix A: Parental Advice

[Include

(1) any written representations made by the child's parent under Article 15(1)(d) or 20A(3)(d) of or paragraph 7(1) of Schedule 2 to the 1996 Order and a summary which the parent has accepted as accepted of any oral representations so made or record that no such representations were made,

(2) any written evidence either submitted by the parent of the child under Article 15(1)(d) or 20A(3)(d) of the 1996 Order or record that no such evidence was submitted,

(3) the advice obtained under regulation 6(1)(a).]

Appendix B: Educational Advice

[Include the advice obtained under regulation 6(1)(b)]

Appendix C: Medical Advice

[Include the advice obtained under regulation 6(1)(c)]

Appendix D: Psychological Advice

[Include the advice obtained under regulation 6(1)(d)]

Appendix E: Social Services Advice

[Include the advice obtained under regulation 6(1)(e)]

Appendix F: Other Advice Obtained by the Board

[Include the advice obtained under regulation 6(1)(f)]

Explanatory Note

(This note is not part of the Regulations.)

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)).