Frequently Asked Questions


The world of Statutory Assessment, Statementing, Provision and Placement is complex; each individual situation merits an individualised response. Rather than attempt to answer questions here we invite you to give us a ring for an initial free consultation or attend one of our training courses if any of these questions apply to your case . Information Packs are available for clients on our Advice Line services which provide general answers to the questions below.

 

Select a topic for Frequently Asked Questions:

 

School Based Stages

Statutory Assessment

Statement of Special Educational Needs

Choice of School

Annual Reviews

Secondary Transfer

Appealing to the Tribunal

Exclusions

Disability Discrimination

 

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School Based Stages

  1. My child is having difficulties at school but no one is giving him any help; what should I do?
  2. I have just found out my son is on the special needs register; I don’t agree with this; what does it mean and what can I do about it?
  3. I have been told my son is on School Action; what does that mean?
  4. What is the difference between School Action and School Action Plus?
  5. What is an Independent Education Plan or a provision map? If my daughter has these why does she need a Statutory Assessment or a Statement?
  6. My child is very clever but is bored at school and frequently disruptive; the school say they need additional help to keep her motivated : what extra help can be given to her and would she qualify for a Statement of Special Educational Needs so that she could receive extra tuition?

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Statutory Assessment

  1. What is a Statutory Assessment?
  2. Who can apply for a Statutory Assessment?
  3. What age does my child have to be to apply for a Statutory Assessment?
  4. How long does the LA have to come back to me and tell me their decision?
  5. What can I do to improve my chances of getting the Local Authority to agree to a Statutory Assessment?
  6. What happens if the LA decision is no?
  7. I don’t want my son to be assessed by anyone; can I object to a Statutory Assessment?
  8. The school has asked for the EP to assess my daughter and write a report; does this mean that they are doing a Statutory Assessment?
  9. The Physiotherapist says my daughter needs a Statutory Assessment and that , as she sits on the Panel who decides these things , she will write and ask them ; do I need to do anything?
  10. The school has told me that there is no point in asking for a Statutory Assessment as the Local Authority only does one if a child goes to a special school . Should I believe them?
  11. The school has told me there is no point in having a statement as my child wont get anything more than he gets at the moment.
  12. What are "delegated funds"?
  13. Does my son’s school get any money to provide support for children with Special Educational Needs? How can I find out how much they get and how they use it?
  14. My son’s school have just filled out a Common Assessment Framework form; is this same as a Statutory Assessment?
  15. The LA has asked me for Parental Advice to contribute to the Statutory Assessment; what do I need to do?
  16. Can I send in advice from other professionals who know my daughter as part of my parental advice?
  17. The EP has assessed my son; I don’t agree with much of what he has written; what can I do about it?
  18. I have had my daughter assessed by an EP but the school are saying that the LA will pay no attention to my report as I have paid for it: Is this true?
  19. Why has the LA asked Social Services for advice about my son; I have never seen a social worker?
  20. Does a Statutory Assessment always lead to a Statement of Special Educational Needs?
  21. What can I do if the LA decides not to issue a Statement of Special Educational Needs after having done a Statutory Assessment?

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Statement of Special Educational Needs

  1. What is the point of having a Statement of Special Educational Needs?
  2. How is a Statement set out? What do the different parts mean?
  3. How can I tell if I’ve got a "good" Statement?
  4. What can I do to get a "good" statement?
  5. Why is Speech and Language Therapy in Part 6 and not in Part 3?
  6. What is a Proposed or Draft Statement?
  7. Why doesn’t a Proposed or Draft Statement have the name of any school in it?
  8. What happens if I don’t agree with the contents of a Statement?
  9. Is it better to have a meeting with the LA or respond to them in writing?
  10. My daughter’s Statement just says she will have access to a Speech and Language Therapist; I don’t understand how often she will see the therapist?
  11. The LA has just told me that they never give any children weekly Speech and Language Therapy as this doesn’t give good results: how can they say this?
  12. My sons statement says he will see the Occupational Therapist every week; however I know for certain that the school has not had an OT for the last term as she is on Maternity leave and not due back till this time next year : does that mean that my son will not receive any therapy for the next year?
  13. Why does it matter that Speech and Language Therapy is in Part 3 rather than Part 6?
  14. There is no indication as to what support my son will get in Part 3 of his statement; it merely says the school will receive additional support at Band 3 ; what on earth does that mean for my son?
  15. The LA says my son will get 25 hours support each week; can I ask the school to employ a Teaching Assistant of my choice? Can I be part of the interview process?
  16. I want an ABA shadow at school to support my son; the Statement just says full time teaching assistance; what can I do about this?
  17. The LA say my son will get 15 hours of support but the school says he needs 25 hours; the LA say the school will top up the support from their own budget but the school says they haven’t any money to do that : what should I do to ensure my son gets the support he needs?
  18. I want my son to “stay down a year “; should this be written into his statement. Do both the school and the LA have to agree to this?

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Choice of School

  1. I want my child to go to a mainstream school but the LA say she should go to a special school: what should I do?
  2. I want my child to go to a special school but the LA say he should stay at mainstream; what can I do?
  3. I want my child to move schools; what should I do?
  4. I want my child to go to a maintained school but the school has said no; what can I do about it?
  5. I want my child to go to an independent school but the school has said no; what can I do about it?
  6. I don’t think my sons needs can be met at any school in my borough ; however I have seen a school in the neighbouring borough that I think would be perfect ; what shall I do ?
  7. The LA want my child to go to my local school but I want her to go to one a bit further away as they are very experienced in special needs; how do I ask for this and will the LA provide transport there ?
  8. I think my child’s needs can only be met in an independent special school? How do I go about getting the LA to move her there?
  9. Will LAs ever pay for an independent mainstream school?
  10. If I pay the school fees will the LA agree to pay for the package of support in Part 3?
  11. I want my child to go to a Specialist Unit; does this count as a special or a mainstream school?
  12. I want my child to go to a school that just caters for his particular difficulties ; the LA want him to go to a school that caters for children with a wide range of difficulties ; what can I do about this?
  13. I want my child to go to a residential school; how do I go about this?
  14. I don’t want my child to go to school; I want to do a Home Programme; will my LA pay for this?
  15. Can I Home Educate my child if he has a statement of special educational needs?
  16. Can my son have a part time school placement?
  17. I wanted my child who has a statement to attend the same school as his sister; the LA consulted with them and they said he would prejudice the efficient education of the other children; he is not disruptive; what are they talking about?
  18. The LA has named my preferred school in Part 4 of his statement but the school say he cannot come; what should I do?
  19. What can I do if the LA just cannot agree on which school my daughter should attend?
  20. How do I go about getting transport to school?
  21. My daughter wants to stay to do after school clubs but needs transport; does the LA have to provide transport for this?

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Annual Reviews

  1. Can I call an Early Annual Review?
  2. Who attends the Annual Review?
  3. Does my child still have an Annual Review if he attends an independent school?
  4. Does my child still have an Annual Review if he is not attending school or I am home educating him?
  5. What should I do to prepare for an Annual Review?
  6. What should the school and other professionals do to prepare for the Review?
  7. When should the paperwork for the Annual Review arrive?
  8. What if I don’t agree with what is said at the Annual review or the recommendations?
  9. Does the LA have to amend my son’s Statement after every Annual Review?
  10. What can I do if the LA refuses to change the provision in Part 3 and amend the Statement following the Annual Review?
  11. If I want a change of school should I raise it at the Annual Review?

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Secondary Transfer

  1. My child has a Statement; does he go through the ordinary admissions procedure?
  2. When should the LA or school start talking to me about which secondary school my daughter should attend?
  3. Do Annual Reviews talk about Secondary Transfer?
  4. Why is the Year 5 Annual Review important?
  5. Why is the date February 15th significant?
  6. What should I do if the LA has not amended my daughter’s Statement by February 15th in Year 6?
  7. What can I do if the LA and / or school do not agree with me about which secondary school my son should attend?

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Appealing to the Tribunal

  1. What can I appeal about?
  2. When can I appeal?
  3. Is there a deadline for appealing?
  4. What happens if I miss the deadline?
  5. How much will it cost me to appeal?
  6. What can I do to best prepare?
  7. What evidence do I need to collect?
  8. How likely am I to be successful?
  9. Do I need a solicitor or barrister?
  10. Will the LA use a solicitor or barrister?
  11. Do I need to commission my own reports and witnesses?
  12. I would like my daughter’s class teacher to attend as a witness but the school say the LA do not allow them to attend; is this case and what can I do about it?
  13. How long does it take to appeal?
  14. What happens to my child during the course of the appeal?
  15. I have heard that the LA can insist that my child is assessed by their own people: is this true?
  16. The LA has refused to change my son’s statement after his annual review; can I appeal to the Tribunal about this?
  17. My daughter is not getting the Speech and Language Therapy set out in Part 3 of her Statement; can I appeal to the Tribunal about this?
  18. Can I appeal about transport?
  19. If I am not happy with the decision of the Tribunal what can I do about it?

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Exclusions

  1. My child has been excluded what can I do?
  2. Can I appeal?
  3. Who do I appeal to?
  4. Is there a deadline for appealing?
  5. What is the difference between a fixed term exclusion and a permanent exclusion?
  6. My child has special educational needs or a disability and has been excluded what can I do?
  7. I believe my child has been excluded because of a reason relating to their special educational needs or disability, what can I do?
  8. My child has been excluded and the police are involved, does this change my right to appeal?
  9. The governors have upheld the exclusion; can I appeal their decision?
  10. How will my child be educated whilst they are excluded? Are they entitled to full time education?
  11. I don’t want my child to return to the school; what choices are available to me?
  12. What is a Pupil Referral Unit?
  13. My child has exams whilst they are excluded; can they still sit their exams?
  14. What are my child’s rights?
  15. Who can represent me?
  16. What do I need to do at the hearing?
  17. What can I do when my child is out of school because;
    1. The school sent them home without excluding them
    2. The school asks me to collect my child during the day when they cant manage them
    3. My child has been bullied and I have had to withdraw them
    4. My child refuses to go to school

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Disability Discrimination

  1. What is disability discrimination?
  2. When is a person considered disabled?
  3. I think my child is being discriminated against, what can I do?
  4. Can I appeal?
  5. Who do I appeal to?
  6. What can I appeal about?
  7. What are the deadlines for appealing?
  8. What laws protect disabled people from discrimination?
  9. What does Human Rights have to do with disability discrimination?
  10. What is less favourable treatment?
  11. What does reasonable adjustments include?
  12. What is the difference between my child having equal rights and having adjustments made to meet their needs?
  13. My child is disabled but does not have a statement of special education needs, I believe they are being discriminated against, what can I do?
  14. Does disability discrimination apply to situations of bullying or harassment?

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