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

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]