AQW 8374/16-21 Written question to the Minister of Education

To ask the Minister of Education to detail the appeals process for Special Educational Needs statementing.

Asked by Kellie Armstrong MLA on 2 December 2016

  • Answered
  • Written
Tabled
2 December 2016
Answer due by
19 December 2016
Answered
16 December 201614 days after tabling
Department
Department of Education
Priority question
No

Answer

The formal appeals process for Special Educational Needs statementingis set in special education legislation, and gives parents the right, under certain circumstances, to appeal to the Special Educational Needs and Disability Tribunal (SENDIST) about Education Authority (EA) decisions on SEN provision during the assessment and statementing process.

The Northern Ireland Courts Service and Tribunal Service is responsible for the SENDIST. An appeal to the Tribunal must be made within two months of any disputed decision and may be made by application to the Tribunal in writing to 2nd Floor, Royal Courts of Justice, Chichester Street, Belfast BT1 3JF, by telephone at 0300 200 7812 or by Email at tribunalsunit@courtsni.gov.uk.

Guidance for parents can be found in “The Special Education Needs and Disability Tribunal – “How To Appeal” booklet which is provided by SENDIST and can be found on its website: https://www.courtsni.gov.uk/en-GB/Tribunals/SpecialEduNeedsnDisability/Documents/SENDIST-How-to-Appeal.pdf

The Education Authority also offers an informal route for dispute resolution in regard to provision being made for children with Special Educational Needs. The Dispute Avoidance and Resolution Service (DARS) provides an opportunity to resolve areas of disagreement between parents and schools and/or the EA. The DARS is an independent, confidential and informal service designed to provide an opportunity for identifying points of disagreement and finding ways forward that all parties are willing to accept. There is a DARS contact in the EA offices, independent of its Special Education section.

Lodging an appeal to the Tribunal does not prevent a parent from making a referral to DARS and vice versa.

Official sources