Frequently Asked Questions
Question - What is a statutory assessment?
Answer:
A statutory assessment is a detailed multi professional examination to find out exactly what your child’s special educational needs are and what help is required to meet these needs.
Question - Who needs a statutory assessment?
Answer:
The Education Act 1996, section 321/323 states “LEA’s must identify and make a statutory assessment of those for whom they are responsible who have special educational needs and who probably need a statement”
Most children with special educational needs will not need a statutory symptoms. Their needs will be met through the schools/early years settings own resources this may include outside specialist help.
A very small number of children will need support and help which is additional or different from the kind that is available to children of the same age attending Trafford schools or early years settings.
Question - Who can request at statutory assessment?
Answer:
Parents, Schools, Early years settings, Health services, Educational support Services
The Local Education Authority (LEA) will look at the evidence and make a decision whether to start a statutory assessment. They have six (6) weeks to make a decision. They may need to write to professionals involved with your child to get extra information before being able to reach a decision.
Question - What should I do if I want to request an
assessment from my local LEA?
Answer:
Under Section 328/329 of the 1996 Education Act local authorities must comply with the request of the parent/carer unless they have made a statutory assessment within the previous six months of this request.
You should write a short letter to Special needs officer
: If you would like help with letter writing call
us
on 0161 755-3482 or 0799 059-4060.
Giving your child’s full name, date of birth,
address and school they attend and asking them to consider
carrying out a statutory assessment of your child’s
special educational needs.
You will then be sent a questionnaire to fill in. We can help you with this call us on 0161 755-3482 or E-Mail sengroup@hotmail.com
You need to give as much detailed information as you can about your child’s difficulties and include any medical reports or school review notes that are relevant.
You will need to be able to say how your child is struggling and if the school agrees that there is a problem with your child’s learning at school.
The LEA will consider your request and the information and will make a decision whether to start a statutory assessment. They have six weeks to make this decision they will write to you informing you of their decision.
Question - What if I don’t agree with the school or other professionals requesting a statutory assessment?
Answer:
your local LEA has a legal duty to assess the special educational needs of pupils. The assessment is should be done in partnership with parents.
Question - What if my local LEA decide not to start
a statutory assessment?
Answer:
The LEA will write giving reasons why the decision had been reached and setting out the provision they consider would meet your child’s needs.
The letter may include other ways forward such as arranging for an educational professional to assess your child and discuss support needs with the school or early years setting.
If you are dissatisfied then you could contact the special needs section to discuss this.
If you are still dissatisfied then you could consider making a request again in six months time.
You could consider applying to the Special Needs Tribunal, because the LEA will not carry out a formal assessment of your child’s special educational needs. You have a time limit of two months from the first working day (two months after the LEA told you in writing of their decision).
Direct from the Special Education Needs Tribunal.
Telephone Number: 01325 392 555
E-mail: tribunalqueries@sent.gsi.gov.uk
Question - How long does a statutory assessment take?
Answer:
The code of practice has set out the following time limits for a statutory assessment.
1) As discussed above the LEA has this time to consider a request to make a formal assessment. - 6 weeks.
2) Once the decision has been reached to make a statutory assessment the LEA needs to collect additional information to decide whether to issue a statement of SEN - 10 weeks.
3) The LEA then has a further two weeks to look at all the reports and decide whether to make a statement of SEN - 2 weeks.
4) The LEA then has a further period of time to finalise the contents of the statement - 8 weeks.
N.B.. There are a number of reasons why your child’s assessment may take longer than the 26 week guide.
For example if a report arrives late or if the symptoms period included school holidays which are not included in the timescales. The Special Needs Team should tell parents if there are delays to the assessment.
Question - Will the assessment involve tests or examinations?
Answer:
Your child may need to be seen by a number of professionals such as a doctor, educational psychologist or speech therapist. Parents will always be informed and usually be invited to attend.
They will be asked their views. Sometimes children may need to be seen on their own.
Parents are sent copies of all reports when the assessment is complete.
Question - When the assessment is completed what happens
next?
Answer:
The LEA will look at the information and advice they
have received about your child.
They will decide whether to issue a statement of special
educational need.
They will write to you giving details of their decision. This will include information about whether they have decided your child has needs and whether provision to meet these needs can be provided from resources normally available to mainstream school and early years settings.
If these needs cannot be met then the LEA must write a statement.
If your child’s needs can be met they may issue a Note-in-Lieu.
Question - What is a statement?
Answer:
A statement is a legal document that is set out in six parts.
Part 1 - Introduction
Part 2 - Special Educational Needs
Part 3 - Provision
Part 4 - Placement
Part 5 - Non Educational Needs
Part 6 - Non Educational Provision
Parts 2,3 and 4 are legally binding, but parts 5 and 6 are not and you cannot appeal to the SEN Tribunal about these sections.
Question - What should a statement say about resources?
Answer:
Part 2 - Full description of all of your child’s learning difficulties that have been identified as part of the assessment.
Part 3 - Information on the resources required to meet those needs identified in part 2.
The Code of Practice says ‘Provision should normally be quantified (e.g. In terms of hours/of provision/of staff arrangements’
Question - What is a Proposed Statement?
Answer:
This is the draft statement and includes copies of the reports and advice they have used to reach their decision.
The proposed statement will not contain the names of the school in part 4.
Parents have 15 days to tell the LEA their opinion of the statement with special needs team to discuss the statement. It is important to look through the statement carefully and ensure that the description of your child’s needs (part 2) and provision to meet these needs (part 3) is clear.
You may find it useful to discuss with us on 0161 755-3482 or your school SENCO .
If you do have a meeting with an LEA Officer you may be sent a revised proposed statement. If you are still not happy then ask to speak again with the SEN Officer involved with your child.
Question - What do I do when the final statement
arrives?
Answer
When a proposed statement is agreed a Final Statement will be issued and be sent to you.
If you disagree then you have the right of appeal to the SEN Tribunal.
You can appeal against:-
1) Description (part 2)
2) Provision (part 3)
3) Named school in (part 4) or if no school has been
named.
If you require support and advice then you can contact SENFSG on Telephone Number: 0161 755-3482 or 0799 059-4060 e-mail sengroup@hotmail.com
Question - What, if after all the assessments are complete, the LEA decide not to issue a statement?
Answer:
The LEA may decide not to issue a statement because they have concluded that your child’s SEN can be met from within the school’s own resources. The LEA must write and tell the parent listing the reasons for their decision no later than 2 weeks after completion of assessment.
Parents have a right of appeal to SEN Tribunal. (See question 17). The LEA may issue a note-in-Lieu setting out the evidence learnt from the statutory assessment.
This may contain:-
- Description of child’s SEN.
- Reasons for not making a statement and guidance on
SEN provision that could be made from school resources.
- Description of non-educational needs and approved
provision.
Question - Can I choose my child’s school?
The Education Act 1996 Schedule 27 Parent’s may express a preference for a school in the maintained sector they wish their child to attend or make representation for a school outside the maintained sector.
LEA’s must comply with a parental preference unless the school is unsuitable for the child’s age aptitude or SEN or the placement would be incompatible with the efficient education of the other children with whom the child would be educated, or with efficient use of resources.
Important points to consider
A school cannot refuse to admit a child solely because he/she has Special Educational Needs..
Visit the school(s), which you consider may be appropriate or have been suggested to you.
Make an appointment with the SENCO to discuss how special needs are met within the school.
Question - What if I decide to place my child in an independent school?
Answer:
If you decide to place your child in an independent school at your own expense the LEA must satisfy themselves that the school is able to make the SEN provision specified in the statement before they are reduced of their duty to arrange provision.
The LEA are then under no obligation to contribute to the cost of educating your child at the school of your choice. They still have a duty to maintain your child’s statement and review it annually.
Question - How do I appeal to the SEN tribunal?
Answer:
This must be done within two months of the authorities written decision.
Your appeal should be on the Tribunal ‘Notice of Appeal’ form which is included in a booklet published by the SEN Tribunal (SENT).
Copies of the booklet can be obtained from the SENFSG Office or direct from
SEN Tribunal
Mowden Hall
Staindrop Road
Darlington
Co. Durham
DL3 9BG
Tel: 01325 391047
Question - Who will pay for transport costs if the school is some distance away?
Answer:
If the LEA name a school on the statement it is their duty to provide adequate transport which could be a taxi or travel assistance I.E A Bus pass.
If you choose a school that is further away from your ome than another school which the LEA recommends the LEA may wish to ask you to meet all or part of the transport costs. If you feel that the more distant school is more suitable the you need to prove that the LEA cannot meet all your child's needs.
Question - What Changes can be made to a statement?
Answer:
Annual Review
Statements of SEN must be reviewed annually, normally at school, and may be changed as a result.
You will be asked to contribute in writing to this review by the school and will be invited to the meeting. it is important to attend so that you can play a full part in any discussions about the statement.
(see annual review booklet for details).
Amendments of Statements
May be made by significant changes in circumstances and a reassessment may be carried out and the same procedures will apply as when the statutory assessment was originally carried out.
Question - What do i do if I move house which is in another LEA?
Answer:
If you move out of the borough of one LEA to another LEA you must let the LEA know so that the statement can be passed onto the new LEA.
Partnership with parents is essential, especially when a child has special educational needs
Here at SENFSG we are able to:
1. Explain the assessment process.
2. Help you to give your views about your childs Special Educational needs.
3. Help you with any letters or forms.
4. Help you to understand your child's statement of Special Educational Needs.
5. Help you to put your concerns to your child's school or to a member of the education department.
6. Put you in touch with staff from other agencies and voluntary organisations who may be able to give advice and information.
7. Explain your rights of appeal under the Special Educational Needs tribunal.
For more information please get your free copy of the special educational needs code of practice from:
DFES publications,
PO Box 5050,
Sherwood Park,
Annesley,
Nottingham.
NG15 0DJ
Tel: 0845 6022260
Fax: 08456033360
e mail:dfes@prolog.uk.com