PART IIN.I.CHILDREN WITH SPECIAL EDUCATIONAL NEEDS

Identification and assessment of children with special educational needsN.I.

[F1Unopposed appealsN.I.

18A.(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 [F2the Authority] , and

(b)[F2the 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, [F2the 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 [F2the Authority] not to comply with the parent's request, comply with the request.

(5) [F3Where the Authority is required by paragraph (4)(a) to make a statement under Article 16, the Authority] shall maintain the statement under that Article.]

Modifications etc. (not altering text)

C1Arts. 6-21B: power to disapply or modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 17 (with ss. 88-90)

C2Arts. 6-21B expiry of earlier affecting provision 2020 c. 7, Sch. 16 para. 17 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)