4.—(1) Where the F2[Health Service Executive] is of the opinion that a child who is not a student has or may have special educational needs it shall cause an assessment under this section of that child to be carried out.

(2) Where the Council is of the opinion that a child who is a student has or may have special educational needs it shall, unless an assessment under section 3 of the child is being or has been carried out, cause an assessment under this section of that child to be carried out.

(3) Where the parents of a child are of the opinion that the child has or may have special educational needs they may request—

(a) the relevant F2[Health Service Executive], or

(b) in the case of a child who is a student, the Council,

to cause an assessment under this section of the child to be carried out.

(4) Subject to subsection (5), within 1 month from the receipt of a request under subsection (3), the F3[Health Service Executive] or the Council shall cause the assessment to be commenced and thereafter to be completed without undue delay.

(5) F4[The Health Service Executive] or the Council may refuse to accede to a request under subsection (3) if—

(a) it is of the opinion that there are insufficient grounds to support the requesters' opinion that the child has special educational needs, or

(b) an assessment under this Act has been carried out in respect of the child in the 12 months prior to the date of the request.

(6) An assessment for the purposes of this section shall include an evaluation and statement of the nature and extent of the child's disability (including in respect of matters that affect the child overall as an individual) and an evaluation and statement of the services which the child will need so as to be able to participate in and benefit from education and, generally, to develop his or her potential.

(7) If F5[the Health Service Executive] or the Council refuses to accede to a request under subsection (3) the parents of the child concerned may appeal against that refusal to the Appeals Board; such an appeal shall be determined by the Appeals Board within 6 weeks from the date that it receives the appeal.

(8) On the hearing of an appeal under subsection (7), the Appeals Board may—

(a) allow the appeal and direct the F6[Health Service Executive] or the Council, as the case may be, to cause to be carried out an assessment under this section of the child, or

(b) dismiss the appeal.