Education for Persons with Special Educational Needs Act 2004

Appeals in relation to assessments.

6.—(1) Parents may, in respect of their child, appeal to the Appeals Board against an assessment made under section 3 or 4 in relation to the child on the ground that it was not carried out in a manner which conforms with the standards determined under section 5 (5).

(2) The Appeals Board shall hear and determine an appeal under this section within 2 months after the making thereof and such a determination may be one either to—

(a) allow the appeal and give such direction as it considers appropriate to the principal, the health board or the Council, as appropriate, (which may include a direction requiring a fresh assessment under section 3 or 4 to be carried out in relation to the child), or

(b) dismiss the appeal.

(3) A principal of a school, a health board or the Council shall comply with a direction given to him or her or it under subsection (2).