What is Statutory Assessment?
Statutory Assessment is a very detailed examination to find out exactly what your child’s special educational needs are and all the special help he or she may need.
What is involved?
If the local authority decides to carry out an assessment you will be sent a letter explaining what will happen. Information on how these decisions are made is available from the LEA Special Education Section. During assessment, information about your child is collected from:
- You, the parent/carer
- Your child’s school, nursery or playgroup
- Education psychologist/SENSS
- Health professional such as doctor, occupational therapist, speech therapist, physiotherapist or health visitor
- Educational social workers and other agencies as appropriate.
Why is your involvement important?
You know your child best, therefore your involvement in any discussion or assessment of your child is essential. If your child has an assessment, you can ask for this to take place where you and your child feel most comfortable. You also have the right to see any written reports and to ask for them to be explained to you. When all the information has been gathered the special educational needs panel which includes the head of the SEN Service, an Educational Psychologist, head teachers and the Inspector or Consultant for SEN, will decide whether a statement of special educational needs will be produced for your child.
What is a statement?
A statement of SEN is a legal document that identifies your child’s needs. The LEA will make a statement when they decide that all the special help your child needs cannot reasonably be provided within the resources normally available to the school. It will detail the support that your child will need and name the school your child should attend if she or he is of nursery or school age. In some cases the LEA may decide not to issue a statement; instead a note in lieu is provided setting out the reasons for not providing a statement and describing the special provision to be made by the school currently attended by your child.
What does a statement contain?
A statement of special educational needs is set out in six parts:
Part 1
Your own and your child’s name and address and other details.Part 2
Details of your child’s learning difficulties and disabilities, as identified by the LEA during the assessment.Part 3
Describes The long-term objectives to be achieved by that special help. All the special help that the LEA think your child should get to meet the needs set out in part 2. The arrangements to be made for setting short-term targets and regularly reviewing your child’s progress towards those targets.Part 4
Tells you about the school your child will attend to get the special help set out in part 3, or the arrangements for education to be made otherwise than at school.Part 5
Describes any non-educational needs your child has, such as health needs.Part 6
Describes how your child will get the help described in part 5.With the statement, the LEA will send copies of all the advice they received from you and people working with your child. The statement must be reviewed annually for children over 5 years and every 6 months if they are under 5 years. You will be invited to attend these reviews. It is your right to be present and it is in the interest of your child that you attend.
What happens once a statement has been prepared for my child?
Before you receive the final statement, the LEA will send you a ‘proposed statement’. The part describing the type and name of the school will be left blank. You have a right to express a preference for which school you want your child to go to, which will be considered by the LEA. With your copy of the proposed statement, you will receive a letter telling you how you can give your views on the proposed statement before it is finalised. The LEA will welcome your views.
Can I choose my child’s school?
As a parent of a child with special educational needs you have a legal right to express a preference for a school that will meet your child’s educational needs. It is important that you note the difference between expressing a preference for a school and choosing a school. It is Ealing Education Department’s legal responsibility to decide which school your child will attend, but this decision will be made only after very careful consideration of your views. In making this decision, it is the LEA’s legal duty to make sure that:
- Your child will receive an education that is suitable for his or her age, ability and special educational need
- The provision made for your child will not affect the efficient education of other children already at the school
- Resources are used efficiently so that your child, as well as all other children with special educational needs within Ealing, will benefit as much as possible.
Who can help me further?
Your Named Officer in the Special Education Section will be happy to help or you can contact Ealing Parent Partnership Charity on 020 840 9009. The LEA will send you details of their mainstream and special schools in Ealing. You can also request that the LEA send you a list of all schools known as ‘non-maintained’ special schools and independent schools which are approved by the Secretary of State for Education and Employment as suitable for children with special educational needs.
How long should it take?
It will take up to 26 weeks.
Are there exceptions to the time limits?
Yes, in certain circumstances, where:
- The LEA has requested information from a school just before a school holiday that will last for four weeks or more
- Where the LEA has been informed that there are exceptional personal circumstances relating to a child or the family (as this may affect the parents ability to provide information or for professionals to see the child/family and provide information to the LEA) test or medical examination
- Parents have requested more time or more than one meeting to make their representations to the proposed statement of special educational needs
- The LEA have had to write to the Secretary of State The parents and/or child are absent for four weeks or more from the area Further advice and reports are needed by the LEA to make decisions
- Parents have requested more time to provide information to the LEA Health or Social Services have taken longer than six weeks to provide advice to the LEA
- The child is unable to keep an appointment Seeking consent for a child to be educated at an independent school which has not been approved by the Department for Education and Employment.
What are my rights?
As a parent or carer of a child with SEN you have a right to:
- Request an assessment
- Request a re-assessment (after 6 months)
- Contribute to statutory assessment
- Be represented and make representation during the statutory assessment process
- Express a preference for a school
- Receive a copy of the proposed and final statement
- Appeal against an LEA decision, including the content of a statement, initially to the LEA, and then to the Special Educational Needs and Disability Tribunal
- Access, on request, to your child’s school / LEA records
- Be given information on the school’s results within national attainment testing.
These rights can be found in the 1996 Education Act (Pt IV)