PART IICHILDREN WITH SPECIAL EDUCATIONAL NEEDS

Identification and assessment of children with special educational needs

F1Unopposed appealsC1C218A

1

This Article applies if—

a

the parent of a child has appealed to the Tribunal under Article 17, 20 or 20A or paragraph 11(3) of Schedule 2 against a decision of F3the Authority , and

b

F3the Authority notifies the Tribunal that it has determined that it will not, or will no longer, oppose the appeal.

2

The appeal is to be treated as having been determined in favour of the appellant.

3

If an appeal is treated as determined in favour of the appellant as a result of paragraph (2), the Tribunal is not required to make any order.

4

Before the end of the prescribed period, F3the Authority shall—

a

in the case of an appeal under Article 17, make a statement under Article 16 of the child's educational needs,

b

in the case of an appeal under Article 20 or 20A, make an assessment of the child's educational needs,

c

in the case of an appeal under paragraph 11(3) of Schedule 2 against a determination of F3the Authority not to comply with the parent's request, comply with the request.

5

F2Where the Authority is required by paragraph (4)(a) to make a statement under Article 16, the Authority shall maintain the statement under that Article.