Concerns about your child's education
On this page you can find:
- Dealings with the school and the Board
- Appeals to the Special Educational Needs and Disability Tribunal
- Complaints to the Department and the Ombudsman
Dealings with the school and the Board
If you are not happy with anything the school does when dealing with your child, you should first talk to the teacher responsible for special educational needs or your childs class teacher or subject teachers. You may also talk to the Principal. Sometimes misunderstandings can arise. To prevent this it is important you co-operate as much as you can with the school in any discussion about your childs special needs.
You may find it helpful to write down your worries before a meeting and, if you want to, you can take a friend or relative with you. You may also find it helpful to talk to other parents. The school will be able to let you know how it handles formal complaints from parents.
You are a partner with your childs school and the Board. Your knowledge of your child, together with the school's and Boards knowledge of a wide range of children with special educational needs, should result in proper help being given to your child quickly and effectively.
It is very important that you discuss your views openly with the Board and try to reach agreement with it where possible. If, at any stage, you are not happy with something the Board has done when dealing with your child, you should first talk to the Board officer who has dealt with your childs case. They will be happy to discuss your worries. In most cases, the problem should be put right quickly. If you are concerned about some other aspect of your childs education the Board officer may still be able to suggest who you might talk to about it.
You can ask your childs school or the Board for details of voluntary bodies and parent groups who may be able to help. Your local Citizens Advice Bureau will also be able to help you.
The Dispute Avoidance and Resolution Service
As a result of the introduction, on 1 September 2005, of the Special Educational Needs and Disability (Northern Ireland) Order 2005 (SENDO) Boards now have a legal responsibility to make arrangements with a view to avoiding or resolving disagreements between boards, schools and Board of Governors of grant-aided schools and parents of children in their areas.
A referral to the Dispute Avoidance and Resolution Service or DARS may be made by contacting the Service Manager at 028 3751 2383.
Appeals to the Special Educational Needs and DisabilityTribunal
Also as a result of the introduction of SENDO the Special Educational Needs Tribunal or SENDIST. As well as making an Appeal to the SENDIST on decisions of a Board in the area of special educational needs, parents may also make a Claim to the SENDIST of disability discrimination.
Appeals
If you cannot agree with the Board and you believe that a different decision is needed, you have a right to appeal to the SENDIST if:
- the Board refuses to make a statutory assessment of your child, after you have asked it to; or
- the Board refuses to make a statement for your child after an assessment; or
- you disagree with the contents of part two, part three or part four of your childs statement, when that statement is first made; or
- you disagree with the contents of part two, part three or part four of your childs statement, if it is changed later; or
- your child already has a statement and the Board refuses to assess your child again; or
- your child already has a statement and the Board refuses to change the name of the school in that statement to another grant-aided school; or
- the Board decides to stop maintaining your childs statement.
The SENDIST is an independent body which hears parents appeals against Board decisions on statutory assessments and statements. Appeals have to be made in writing to the Tribunal no later than two months after the Board makes its decision. You can find out more about the Tribunal in a special booklet. You can get the booklet from your Board.
Claims
Parents may not make a claim to the SENDIST that a "responsible body" has discriminated against their child.
It is unlawful for the body responsible for a school to discriminate against a disabled person:-
(a) in the arrangements it makes for determining admission to the school as a pupil;
(b) in the terms on which it offers to admit him to the school as a pupil; or
(c) by refusing or deliberately omitting to accept an application for his / her admission to the school as a pupil.
It is also unlawful for the body responsible for a school to discriminate against a disabled pupil in the education or associated services provided for, or offered to, pupils at the school by that body or by suspending or expelling him from the school.
A "responsible body" for a school is
(a) in the case of a grant - aided school, the board for the area in which the school is situated or the Board of Governors, according to which has the function in question;
(b) In relation to an independent school, the proprietor;
Parents must commence proceedings in regard to a claim of disability discrimination no later than six months from the date when the act complained of was done. However, where, at any time during the six months period, the dispute has been referred for conciliation under the auspices of the Equality Commission for Northern Ireland then the period for submitting a claim may be extended by two months.
Reform of Public Administration
In March 2006 the then Secretary of State announced that, as part of the programme of reform of public administration, he had agreed with the Lord Chancellor that the Court Service (which had already provided administrative support for a number of tribunals) would assume administrative reponsibility for all Tribunals as part of a new unified Courts and Tribunal Service. On 9 July 2009 the Northern Ireland Executive formally endorsed the tribunal reform programme and on 1 September 2009 the Northern Ireland Courts Service assumed administrative control of the SENDIST. As part of this the SENDIST has now moved to shared accommodation at 3rd Floor, Bedford House, 16 - 22 Bedford Street, Belfast, BT2 7 FD. Telephone 028 9032 8594. Further information is available on the Northern Ireland Court Service Website
Complaints to the Department and the Ombudsman
In some cases, the Department is able to look into complaints against schools, Boards and other organisations. However, it can only tell them how they should act when the complaint is about something they have to do under the law.
The complaint and appeal procedures described above do not replace your right to complain to the Ombudsman, though you will be expected to have tried them before you go to the Ombudsman. You can get more information about this from the Ombudsman's office by ringing Freephone 0800-343424.
