Appeals and claims by children
14Appeals and claims by children: follow-up provision
1
The Department may by regulations provide that a child who has not attained the upper limit of compulsory school age may—
a
appeal to the Tribunal under any provision of the 1996 Order mentioned in subsection (2);
b
make a claim to the Tribunal under Article 22 of the Special Educational Needs and Disability (Northern Ireland) Order 2005 (unlawful discrimination against disabled pupils).
2
The provisions are—
a
Article 17(2)(b) (appeal against decision not to make statement);
b
Article 18(1) (appeal against contents of statement);
c
Article 20(3)(b) (appeal against refusal to arrange assessment of educational needs);
d
Article 20A(8)(b) (appeal against decision not to assess educational needs at request of responsible body);
e
in Schedule 2—
i
paragraph 11(3)(b) (appeal against refusal to substitute named school); and
ii
paragraph 13(2)(b) (appeal against Authority ceasing to maintain a statement).
3
The Department may not make regulations under subsection (1) before the end of a period of two years beginning with the coming into operation of regulations under section 13(1).
4
Regulations under subsection (1) may, in particular, make provision—
a
about the age from which children may appeal or make a claim;
b
in respect of appeals under subsection (1)(a), about mediation and the application of Article 21C;
c
about the bringing of appeals or making of claims by a child and by his or her parent concurrently;
d
about determining whether a child is capable of bringing an appeal or making a claim, and the assistance and support a child may require to enable the child to do so;
e
enabling a person to exercise a child's rights under the scheme on behalf of the child;
f
enabling children to have access to advice and information which is available to a parent in respect of an appeal or claim of a kind mentioned in subsection (1);
g
about the provision of advocacy and other support services to children;
h
requiring notices to be given to a child (as well as to his or her parent);
i
amending, repealing or revoking a statutory provision (including a provision of this Act).
5
Regulations shall not be made under subsection (1) unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.