Statements of SEN:
Once all the advice requested for the Statutory Assessment has been received, the LEA must decide whether to draw up a statement. The LEA may decide that the degree of the child’s learning difficulty and the nature of the provision necessary to meet the child’s needs are such as to require the LEA to determine the child’s special educational provision through a statement.
This decision will be made when the LEA considers that the special provision necessary to meet the child’s needs cannot reasonably be provided within the resources normally available to mainstream schools and early education settings in the area. The statement will describe your child’s learning difficulties and how they are to be addressed.
At first, a Proposed Statement is prepared, and parents can make representations and request meetings with the LEA to discuss the proposals. The proposed statement will not include the name of a school or education setting where the provision will be made. Parents can express their preference for a maintained school or make representations for placement in other schools.
The final statement will include the name of a school. The LEA must name the maintained school preferred by the parents providing that:
- The school is suitable for the child’s age, ability and aptitude and the special educational needs set out in Part 2 of the statement.
- The child’s attendance is not incompatible with the efficient education of others.
- The placement is an efficient use of the LEA resources.
Parents can choose to make alternative provision for their child, with education in an independent school or at home. The LEA must be satisfied that the provision is suitable and meets the special educational needs of the pupil. The LEA does not have to contribute to the cost of educating a child in these circumstances, but it does maintain the legal duty to maintain and review the statement.
If a parent is unhappy with Parts 2,3 or 4 of the Statement, then they have a right to appeal to a Special Educational Needs Tribunal.
