What is a statement of special educational needs?
A minority of children may need more help than the school is able to provide at School Action Plus. If your child needs one to one support from an adult for a large part of every school day, or a large amount of help from specialist services, such as speech therapy, the school is unlikely to have the resources to provide this. Your child may therefore require a statement of special educational needs issued by your local authority. This is a legal document which sets out all of your child’s difficulties and the additional help that will be given. The local authority is responsible for ensuring that all the educational help set out in the statement is provided.
See the next page on the left hand menu for more on the statement of special educational needs
Before a statement is issued, the local authority will first carry out a full assessment of all your child’s needs. This is called a statutory assessment. The school or the parent can request the local authority to carry out a statutory assessment. The local authority has six weeks to consider the request and make a decision.
The local authority can refuse a request for a statutory assessment if they do not think it is necessary: for example if they think your child’s difficulties are not severe enough and/or the school can provide the necessary support on School Action or School Action Plus. You can appeal against this refusal to an independent tribunal.
What happens during a statutory assessment?
If the local authority agrees to carry out a statutory assessment, they will ask for information from you and the school. They will also ask for reports from an educational psychologist, a medical doctor, and social services (if the child is known to them). They can also ask other agencies involved with the child to contribute to the assessment. You can say if there is anyone else you would like the local authority to contact for information about your child. At the end of the process, the local authority will decide whether to draw up a statement of special educational needs. If they consider that a statement is not necessary, the will issue a Note in Lieu.
Who should make the request, the parent or the school?
The process and timescales are the same whether a parent or the school requests a statutory assessment. However if you make the request yourself you will know exactly when the process has started. You do not need permission from the school first, but it is a good idea to tell the SENCO you are making the request, and to ask if the school will support your request in writing.
You can find the local authority address and name of the head of children’s services from your council website.
A letter to help.
We've developed an example letter you can use to ask the local authority to carry out a statutory assessment.
Download example letter here
Remember, you can contact us free on 0808 808 3555, or post a query on Facebook or Twitter and one of our SEN advisers will get back to you. Alternatively drop us an email helpline@cafamily.org.uk
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