Neutral Citation No. [2003] NIQB 33
Ref:
KERF3933
Judgment: approved by the Court for handing down
Delivered:
19/05/2003
(subject to editorial corrections)
KERR J
"If, in the light of an assessment under Article 15 of any child's educational needs and of any representations made by the child's parent, it is necessary for the board to determine the special educational provision which any learning difficulty he may have calls for, the board shall make and maintain a statement of his special educational needs."
Paragraph 3 of the article imposes requirements as to the contents of the statement: -
"(3) In particular, the statement shall-
(a) give details of the board's assessment of the child's special educational needs, and
(b) specify the special educational provision to be made for the purpose of meeting those needs …"
Under paragraph 5 where a board maintains a statement, it shall arrange that the special educational provision indicated in the statement be made for the child unless the child's parent has made suitable arrangements.
"… the same condition may be both mandatory and directory: mandatory as to substantial compliance, but directory as to precise compliance …"