Statutory Assessments

 

 The Education Act 1996 says:

 

LEAs must identify and make a statutory assessment of those children for whom they are responsible who have special educational needs and who probably need a statement.

A Statutory Assessment is carried out if a LA is provided with adequate evidence and  thus considers that a young person probably has special educational needs that will need additional resources than those normally  available to the school

 See Sections 321 and 323, Education Act 1996.

 

 

What does this means for parents

 

 

This means that

  •        if a child lives within a LA and/or the LA are responsible for the child and
  •        it has become apparent , either because a parent , a school or another professional , has told the LA that the child probably has special educational needs that the school cannot be expected to provide for
  •       the LA should notify the parents that they are going to carry out a “ Statutory Assessment “ of the child’s special educational needs 
  • A Statutory Assessment is a multi disciplinary assessment of a child’s special educational needs and a consideration of the resources that will be required to meet those needs. Advice is sought from the child’s parents, the school, an Educational Psychologist, Social Services (if they are involved) and any other relevant professionals ; e.g. a Speech and Language Therapist , an Occupational Therapist , a Behaviour Management Teacher

 

If a parent or a school request a Statutory Assessment the LA has

  •         6 weeks in which to decide whether to carry out a Statutory Assessment 
  •         10 weeks to collect the advices for the Statutory Assessment
  •         2 weeks in which to issue a Proposed or Draft Statement or notify the parents that they do not intend to issue a Proposed or Draft Statement

 

If the LA refuse to carry out a Statutory Assessment , or having carried out a Statutory Assessment they refuse to issue a Proposed Statement of Special Educational Needs , the parent has the right of appeal to the Special Educational Needs and Disability Tribunal ( SEND ) . Appeals must be registered with SEN within 2 months of the date on which the LA sent the parents the letter refusing to carry out a Statutory Assessment or refusing to issue a Statement .

 Only the parents or people holding parental responsibility for the child can appeal; the school or another professional cannot appeal unless they hold parents responsibility for the child. Foster parents and social services, if they hold Parental responsibility for the child, CAN appeal

One parent can appeal without the consent or knowledge of the other parent; however the Tribunal request that they inform the other parent unless there is good reason for doing so. .However they cannot inform the other parent without the consent of the parent registering the appeal. Both parents have the right to appear or present evidence to the Tribunal

 

 

How we can help

 

 

 We can support parents and carers in requesting a Statutory Assessment of their child’s Special Educational Needs from the Local Authority. The only way to obtain a Statement of Special Educational Needs is through a Statutory Assessment.

The main reason why many requests for Statutory Assessment are turned down by the LA is that there is lack of evidence. We can help parents source the correct evidence and present it to the LA in a form that is most likely to guarantee a successful application. We also liaise with schools and other professionals . 

 

Who can request a Statutory Assessment? 

 

 

 A parent, Head Teacher or another professional can request a Statutory Assessment of a child’s educational needs

A parent or a Head Teacher / SENCO are the most likely people to request a Statutory Assessment when either or both parties believe that a child has special educational needs that cannot be provided for from resources or monies already available to the school.

The Local Authority is requested to assess the child’s special educational needs and consider what support should to be provided to meet the needs.

The LA has 6 weeks in which to respond to a parents or a schools request for Statutory Assessment. If a professional who is not the Head of a school or a parent requests a Statutory assessment , the LA are NOT obliged to respond to this request or are bound by any timescales

  •       If the LA refuse to assess the parent has the right of appeal to the Special Educational Needs and Disability Tribunal (SEND ) within 2 months of the LA sending  the decision  . 
  •        If the LA agree to carry out a Statutory Assessment the LA has 10 weeks in which to collate reports ( known as “ advices “ ) and then 2 weeks to decide whether to issue a Proposed ( or Draft ) Statement of Special Educational Needs

 

What happens during a Statutory Assessment

 

 

 

The LA must seek advice from a range of relevant professionals and the parents as to the child’s special educational needs and the provision required to meet those needs.

The LA must write to the child’s school, nursery or teachers, the parents, an Educational Psychologist and any other relevant professional (e.g. a Speech and Language Therapist, Occupational Therapist, Physiotherapist, Teacher for the Deaf) and ask them to assess the child and produce reports. Social Services will also be asked if they know the child and whether they have anything relevant to contribute. The LA has 10 weeks to collect all these reports.

The LA is obliged to collect the following “advices” and append them to any Statement that is issued. The parent should be sent copies of all the reports

A Parental evidence

B Educational advice

C Medical advice

D Psychological advice

E Social services advice

F Any other advice, such as the views of the child, which the LEA or any other body from whom advice is sought consider desirable. In particular, where the child’s parent is a serving member of the armed forces, advice from Service Children’s Education (SCE).

 

The Reports or Advices should comment on:

       I.            the educational, medical, psychological or other features of the case (according to the nature of the advice sought) which appear to be relevant to the child's educational needs (including his likely future needs);

 

    II.            how those features could affect the child's educational needs, and

 

 

 III.            the provision which is appropriate for the child in light of those features of the child's case, whether by way of special educational provision or non-educational provision

 

The LA will then consider whether to issue a Proposed or draft Statement of Special Educational Needs. The LA has 2 weeks in which to issue this Proposed Statement or send the parents a letter refusing to issue a Statement and giving them the right of appeal to the Tribunal.

 

Frequently Asked Questions

 

 

  1.  What happens if I think my child requires a Statutory Assessment and the school does not ?
  2. What happens if the school think my child requires a Statutory Assessment and I do not?
  3. Does my child have had to be on School Action or School Action Plus before they undergo a Statutory Assessment?
  4. The School says my child is too clever to get a Statutory Assessment or a Statement ; however he has Aspergers Syndrome and is out of the class most of the day as he cant concentrate and the environment is too distracting ?
  5. My son has above average scores in reading ; however he has a diagnosis of ADHD and he has been excluded 5 times in the past year ? He is at risk of Permanent Exclusion unless he gets support in the classroom and playground everyday ? Should he have a Statutory Assessment ?
  6. My son has broken his leg on the football pitch and needs someone to be with him everyday at school for the next 12 weeks ? Should he have a Statutory Assessment?