2.1 Organisation and control of system/structure
2.1.1 Control
2.1.2 Funding
2.1.3 Private sector education
2.1.4 Special publicly-funded provision within or outside mainstream education
2.1 Organisation and control of system/structure
In Northern Ireland, the provision of education for children and young people with special educational needs (SEN) attending schools from the age of two to 19 years is the responsibility of the local Education and Library Boards (ELBs). 1
The Special Educational Needs and Disability (Northern Ireland) Order 2005 (SENDO) 3 which came into effect in September 2005, imposes new duties on ELBs, including the requirement to prepare an accessibility strategy which has regard to improving the accessibility of school premises for disabled children, increasing disabled students’ access to the curriculum and ensuring information is provided to disabled students in an appropriate format. 1
The Department of Education (DE) must approve special schools and independent schools which make provision for students with SEN. 2
For general information concerning the control and structure of the Northern Ireland education system, see section 2.1.1 of the mainstream archive.
It is a child’s Education and Library Board (ELB) which undertakes responsibility for conducting the statutory assessment which determines whether or not a statement of special educational needs is required, as well as ensuring that the provision recommended in the statement is provided. It is therefore the ELB which is responsible for funding to meet the requirements outlined in the statement. 16
Please refer to section 2.1.2 of the mainstream archive for further funding information.
2.1.3 Private sector education
The Education (Northern Ireland) Order 1996 2 states that the Department of Education (DE) must approve independent schools which make provision for students with SEN. 1
For further information about private sector education in Northern Ireland, see section 2.1.3 of the mainstream archive.
2.1.4 Special publicly-funded provision within or outside mainstream education
Under the 1986 Education and Libraries (NI) Order 10 , Education and Library Boards are required to provide education for students with special educational needs up to 19 years of age. Such students can be taught in mainstream schools, but there are also a number of separate units for some students. 17
The Education (Northern Ireland) Order 1996 2 , as amended by the Special Educational Needs and Disability (Northern Ireland) Order 2005 (SENDO) 3 , places emphasis on educating children with special educational needs (SEN) alongside their peers in mainstream schools wherever possible. Most children with special educational needs attend mainstream schools and their needs can be met without the need for statutory assessment or statement. 8 1
Although children with statements of special educational needs often attend mainstream schools, a small minority need more help than mainstream schools can provide. In such cases they attend special units attached to mainstream schools, or special schools. Children in special schools normally have a statement of special educational needs or are undergoing statutory assessment. 8 1
Special schools are generally much smaller than mainstream schools and may have students whose ages range from nursery age to 16+. They usually also have a lower student:teacher ratio than mainstream schools. 8
Special schools may be day or residential schools and some may make both day and residential provision. Special schools cater for students with a wide variety of SEN and include schools for blind students; students with speech and language impairment; students with moderate, severe or specific learning difficulties; students with hearing impairment; and students with emotional and behavioural difficulties (EBD). 8
The school policy of a special school must set out:
basic information about the school's special education provision;
information about the policy for assessment and provision for all students with special educational needs; and
information about the school's staffing policies and partnership with bodies beyond the school, such as voluntary organisations who work on behalf of children with special educational needs. 8
Assessments and statements of special educational needs
Under the Education (Northern Ireland) Order 1996 2 , as amended by the Special Educational Needs and Disability (Northern Ireland) Order 2005 3 , the statutory responsibility for securing provision for students with special educational needs rests with the Education and Library Boards (ELBs) and boards of governors in mainstream schools. 4
To decide what help a child needs, the local Education and Library Board (ELB) may carry out a statutory assessment. This is a very detailed examination aimed at finding out exactly what the child’s special educational needs are and the help which may be required. The school or professional involved with the child may also ask the ELB to consider making a statutory assessment of a child. Where a school or responsible body requests the local ELB to carry out a statutory assessment, the ELB will formally notify the parent(s) of this and of their right to make representations. 1 37
If parents suspect that their child may have special educational needs which cannot be accommodated by the school, they may request that the ELB conduct a statutory assessment of their child. The ELB will then decide whether to make the assessment considering the child’s progress, the Code of Practice (see 1.2.1), the views of the school and the views of the parent. If a parent requests a statutory assessment and the ELB decides not to conduct one, the parent has the right to appeal to the Special Educational Needs and Disability Tribunal. 1
If, through the assessment, it is decided that the child’s needs cannot be reasonably met with the resources normally available within the school, the ELB will issue a statement of special educational needs. This sets out the child’s needs and the special help required. 1
Parents must be consulted and their advice taken when a statement is being constructed for a child. Advice is also to be sought from psychologists and other relevant personnel. 6
Special educational needs assessments must normally be completed, and draft statements issued within 18 weeks. In addition, health and social services boards and trusts are required to provide assessment advice to Education and Library Boards (ELBs) within six weeks of the request being made. 5
Education and Library Boards (ELBs) in Northern Ireland must maintain statements of special educational needs for young people over the age of 16 if they remain at school, but not if they move on to a further education college. A statement is reviewed at least once a year to ensure that it continues to meet a child’s needs. Similar arrangements exist for students over compulsory school age who remain in school. 1