Procedure for Statutory Assessment:
If the LEA agrees to carry out a Statutory Assessment, it must seek evidence related to educational, medical, psychological or other factors that appear relevant to the child’s current and future educational needs. The views of the child must also be taken into account wherever possible.
Parents must be informed of the Named Officer who will be responsible for arrangements relating to Statutory Assessment.
It is necessary for the LEA to obtain:
- Parental advice
- Educational advice
- Medical advice
- Psychological advice
- Social Services advice
- Any other advice which may be desirable.
Once in receipt of all of the advice, the LEA must make a decision as to whether to make a Statement of special educational needs. This decision is time limited and must be made within 10 weeks.
If the decision not to make a Statement is made, then parents must be given a note in lieu of statement. A note in lieu is similar to a statement in that it sets out your child’s special educational needs and provides guidance as to what help is required to meet those needs. Those working with your child will use this information, to ensure that they are fully aware of and able to meet, his/her special educational needs. However, unlike a Statement of SEN, the note in lieu is not a legally binding document.
As previously stated, parents have a right to appeal to the Special Educational Needs Tribunal (SENT).
If a Statement is to be made, then a Proposed Statement must be sent to parents within 2 weeks, along with all of the advice obtained.
On receipt, parents have 15 days to make representations to the LEA about the contents of the proposed Statement, and state a preference for the school that they wish their child to attend. If parents prefer a non-maintained school, then the LEA must be informed within 15 days.
A final Statement should be issued within 8 weeks of the proposed Statement.