Statutory Assessment and Statements
Resources
Brighton & Hove Children's Services (the local authority or 'LA'), can carry out an assessment of your child's educational needs, and based on this they can decide to write a Statement of Special Educational Needs. This section deals with the assessment process. If you want to see what might trigger an assessment go to the pages relating to your child's age in the Education menu on the right (e.g under fives, school-age children, 14 and over).
- Does my child need a statement?
- How do I get a Statement?
- How will a Statutory Assessment be carried out?
- The assessment schedule
- Proposed statements
- The final statement
- If the LA refuse to issue a statement
- What if you disagree with the LA's decisions?
- Annual reviews
Does my child need a statement?
Parents often worry that they are not doing all they can for their child if they do not get a Statement for them. You may have been told by a well-meaning person that it is something you “must” do, perhaps because your child has a particular diagnosis. So it's worth knowing most children with special needs are supported without needing a Statement. Children can get significant amounts of help on School Action Plus. They do not need a Statement to get help from the LA learning support services. They do not need a Statement to get special arrangements for taking exams. And in most cases a Statement does not bring extra funding to the school for that child. On the other hand the process of statutory assessment can shine a light on a child’s needs and bring together expert advice on this. A Statement will set out their needs and the provision that should meet those needs in a document that has some legal weight. Your child will need a Statement to go to a special school or unit, or to get a major support package if that is what they need to be included in mainstream. So there are some children for whom a Statement will be appropriate.
If your child is under five, you may want to try to get a Statement if they have severe and complex needs; if you think they should go to a special school for Reception; or if they require specialist early intervention that cannot be provided in their current setting.
If your child is over five, you may want to try to get a Statement if they have been receiving support on School Action Plus and don’t seem to be making reasonable progress; if they are being excluded or are distressed about school; or you feel they need to move to a special school or unit.
How do I get a Statement?
The first step in the process is making a request to the LA asking them to consider carrying out a statutory assessment of the child. Statutory assessment is a legally defined procedure that involves getting advice from a range of professionals and you the parent to decide if a Statement is needed. Although we refer to “the school”, this applies to any early education setting. Either the school or you as parent can request an assessment. Occasionally another agency such as health or social services may make a referral, but in this case you will not have a right of appeal if the LA refuse to assess so it is better if the school or you make the request. You can do it simply in writing to the LA’s SEN (Special Educational Needs) section.
When the LA receives the request, you will be given the name of a casework officer in the SEN team who will be responsible for your child’s case. However they do not make the decisions. Instead, decisions are made by the SEN panel (sometimes called moderation): two assessment managers, the principal educational psychologist and a school representative. There are strict time limits about assessment and statementing. The first of these time limits is that the LA has six weeks to make their decision about whether to go ahead with statutory assessment. If you made the request they will contact the school for information. If the school made the request you will get a letter that gives you the option of sending in your views. You need to make sure that they are sent enough information at this point to make a sound decision. At this stage they will only be looking at the information sent by you and the school. The LA will consider whether all possible support has been given at School Action Plus. They will also match your child’s needs with their own thresholds i.e. what level of difficulties they think should warrant statutory assessment. Schools have copies of these thresholds, and you can ask to see them. They are local policy and help the LA make consistent decisions but they are not part of SEN law as this says every child must be looked at according to their individual needs.
At the end of the six weeks the LA will send you their decision. If they decide not to assess you have a right of appeal to the SEN Tribunal (SEND - see below), but before doing this you should talk to your school, your casework officer and get advice from Amaze. Often there is room for negotiation at this point. For example the LA may feel the school have not tried everything they could to support your child at School Action Plus. Or there may be medical evidence that the LA did not know about.
How will a Statutory Assessment be carried out?
A Casework Officer will be responsible for your child's case and be your Named Officer, however they do not make the decisions. Instead, decisions are made by the SEN panel (sometimes called moderation): two Assessment Managers, the Principal Educational Psychologist and sometimes a school representative. There are strict time limits about assessment and statementing. The process starts when Brighton & Hove Children's Services (the LA) get a request from you or the school to consider an assessment.
You need to make sure that they are sent enough information with the request to make a sound decision. At this stage they will only be looking at the information sent by you and the school. If you have copies of assessment reports about your child you should send them, as the LA will not seek them out at this stage.
The assessment schedule
The local authority (LA) has six weeks in which to decide whether to go ahead with an assessment, and they must write and tell you their decision. If they do decide to assess, they have ten weeks in which to carry out the assessment. This will involve them getting evidence called 'advices' from the school or early education setting, an educational psychologist, health professionals involved with your child, social services (if they know your child) and others. They will ask for your views and as far as possible the views of your child. You can also suggest other people or organisations that the LA should contact for their views.
At the end of the ten weeks, the LA has two more weeks in which to decide whether to issue a draft or proposed statement.
Proposed statements
If the LA decides a statement is required, they must send you a copy of the proposed or draft statement for your comments, together with copies of all the reports and advices they have received from everyone involved, which they had to take into account when reaching their decision. The proposed statement will not refer to any school by name, as the LA must send details of all suitable schools and a school preference form for you to complete. It often confuses or surprises parents that they get a list of schools all over the country at this point. This is a legal requirement but in reality you will be choosing from the local options. Find out more about choosing a school.
When the proposed statement arrives, you have 15 days to think about it and say if you're happy with it or not. It is very important to look through the proposed statement carefully as this is your best chance to negotiate the support you feel your child needs. Contact the Amaze helpline if you want advice. At this point, you have the right to a 'statutory meeting' to discuss the proposed statement with an LA officer. Usually, parents only ask for this type of meeting if they are very concerned or disagree with what has been written in the proposed statement. You should be able to resolve any minor issues by phone or letter.
The final statement
The local authority should issue the final statement eight weeks after the CYPT has received your comments about the proposed statement. The final statement will name a school. You will also be sent information about how to appeal if you disagree. The entire process of statutory assessment must be completed within 26 weeks, although there are some exceptions to this time limit.
If the LA refuse to issue a statement
If the local authority decides not to issue a statement they must write to you explaining the reasons for their decision and your right of appeal. They'll also send you a note in lieu of a statement, setting out the reasons for their decisions, the supporting evidence and all the reports received during the assessment. If you agree, the note can be passed on to the school to help them plan for the future.
What if you disagree with the LA's decisions?
At various points in the statementing process and afterwards you have a right to appeal against LA decisions. You can ask for a meeting with your Casework Officer and the Assessment Manager. If you are still concerned after this you can ask for a 'case review' which is a local disagreement resolution meeting which is attended by the Principal Educational Psychologist (PEP). But if you and the LA still can't agree, you may be able to appeal to the Special Educational Needs and Disability Tribunal (SENDIST). This is an independent body that hears parents' appeals against LA decisions on statutory assessments and statements and parents' claims of unlawful disability discrimination. There are strict timetables for making an appeal and these differ for SEN appeals and disability discrimination claims. So it's important to get advice as early as possible if you are considering appealing.
Amaze doesn't represent parents at SENDIST appeals but we do offer information about national organisations and solicitors who can help. Get details of Useful contacts for legal issues.
Annual reviews
If your child is issued with a statement, the school and LA can review it at any time during the year. However, it must be reviewed within 12 months from the date it was finally issued and then every year within 12 months of the last review. If you become worried about your child's progress you can ask the school and LA to review the statement at any time. During the first six months, though, they don't have a duty to do so.
You should be invited to all reviews of your child's progress, and you can take someone along with you to these meetings. Wherever possible your child should also be actively involved in the review process. The head teacher will arrange the Annual Review meeting, which is usually held at the school. Your child's progress will be discussed and new targets should be set.
As well as inviting you to the meeting, others involved with your child (such as teachers, educational psychologist and social worker) will be asked if they want to attend. However, they may send in written reports instead. It's important that you have the chance to read their reports beforehand so that you can think about what you would like to happen at the meeting. You should be sent them two weeks before the meeting. The LA Casework Officer (Named Officer) dealing with your child's case will also be invited but may not attend.
As a result of any recommendations that are made at the Annual Review meeting, the LA will decide on one of three things:
- to continue with the existing statement
- to amend or change the statement
- to withdraw or 'cease to maintain' the statement.
If the LA decides to change the statement, they will give you a proposed amended statement and follow the same procedures and timescales used when producing a new statement, which means you have the chance to put your views and appeal the decision if you can't agree. It is important to realise that a statement can only be changed through the Annual Review process.
The Annual Review in Year 5 should look at your child's transfer to secondary school. It should make recommendations about the sort of provision your child will need at secondary level so you have time to make visits and look at the options. The statement must then be amended by 15th February in Year 6 to include the name of your child's secondary school. This should mean that the Year 6 review meeting can look at arrangements for a smooth transfer. The SENCO of the secondary school should be invited to the meeting.
Confused by any of the terms or abbreviations used in this page? If so,check out our jargon busterfor clear definitions.