The Education (Northern Ireland) Order 1996

Assessment of educational needsN.I.

15.—(1) Where [F1the Authority] is of the opinion that a child for whom it is responsible falls, or probably falls, within paragraph (2), it shall serve a notice on the child's parent informing him—

(a)that [F1the Authority] [F2 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 the officer of [F1the Authority] from whom further information may be obtained, and

(d)of the parent's right to make representations, and submit written evidence, to [F1the Authority] within such period (which shall not be less than [F322 days] beginning with the date on which the notice is served) as may be specified in the notice.

(2) A child falls within this paragraph if—

(a)he has special educational needs, and

(b)it is necessary for [F1the Authority] to determine the special educational provision which any learning difficulty he may have calls for.

(3) Where—

(a)[F1the Authority] has served a notice under paragraph (1) and [F4, subject to paragraph (3A),] the period specified in the notice in accordance with paragraph (1)(d) has expired, and

(b)[F1the Authority] remains of the opinion, after taking into account any representations made and any evidence submitted to it in response to the notice, that the child falls, or probably falls, within paragraph (2),

[F1the Authority] shall make an assessment of his educational needs.

[F5(3A) The Authority may proceed to make an assessment under paragraph (3) before the expiry of the period specified in the notice mentioned in sub-paragraph (a) of that paragraph if it has obtained the consent in writing of the person on whom the notice was served.]

(4) Where [F1the Authority] decides to make an assessment under this Article, it shall give notice in writing to the child's parent of that decision and of [F6the Authority's] reasons for making it.

(5) Schedule 1 (which makes provision in relation to the making of assessments under this Article) shall have effect.

(6) Where, at any time after serving a notice under paragraph (1), [F1the Authority] decides not to assess the educational needs of the child concerned it shall give notice in writing to the child's parent of [F6the Authority's] decision and the reasons for making it.