Statutory Assessment

A Statutory Assessment is a process where information is collected from the school and all professionals involved with the child and the parents, which will enable the Local Education Authority (LEA) to gain a clear picture of your child’s special educational needs (SEN).

It is a process which is rare as in most circumstances additional support can be given by the school or pre-school at School Action/Early Years Action or School Action Plus/Early Years Action Plus.

On this page you will find the following sections:

• Who decides to initiate an assessment and why?
• What is involved if it is decided to carry out a Statutory Assessment?
• What is a Statement of Special Educational Need?
• What happens once a statement has been prepared?
• When will the LEA make the final statement?
• What if the LEA decides that a child does not need a statement?
• What if you disagree with the LEA's decision?

Who decides to initiate an assessment and why?

An assessment will be initiated if it is thought that your child has exceptional needs that may require the LEA to determine the child’s special educational provision.

Most requests for a Statutory Assessment are made by schools. In some situations heath or social care staff may make the request, particularly for children who are not at school.

A parent has the right to request an assessment and can write to the LEA. It is always best to discuss this with the head teacher at your child’s school first.

The LEA will ask your child’s school to provide information about your child. The LEA gathers information about your child’s progress and the steps that have been taken by the school to help them. The LEA will notify other professionals that a statutory assessment has been requested so they have the opportunity to contribute if they wish. The parents will be invited to contribute also.

On the basis of this information the LEA’s moderating panel will then decide whether a statutory assessment is appropriate. [Back to top]

What is involved if it is decided to carry out a Statutory Assessment?

If you agree to a Statutory Assessment being undertaken the LEA will write to you and professionals who know your child, asking for a written report about your child’s special educational needs. Everyone will be asked what has been done already to help your child and what progress has been made.

Your child will be assessed in relation to four areas of need:

• physical, sensory or.medical
• behavioural, emotional and social
• speech, language or communication
• cognition and learning

At the end of a Statutory Assessment the LEA will decide whether a statement of Special Educational Needs should be drawn up for your child. [Back to top]

What is a Statement of Special Educational Need?

Once the LEA has collected all the advice and comment on your child’s educational needs a decision will be made whether to make a statement of SEN for your child. You will normally get a decision 18 weeks after the receipt of a request for Statutory Assessment.

The statement describes:

• what your child’s special needs are
• the objectives, or targets to be achieved
• how those targets are going to be met – the educational provision required
• the monitoring arrangements
• the school or pre-school setting your child will attend
• any non-educational needs your child has and how these will be met.

A statement of SEN is set out in six parts:

Part 1
Gives your child’s details, such as name, address, age, home and religion. It also gives your name and address as the person responsible for the child. Finally it lists all the advice that has been used to produce the statement, with the name of the author and the date on which it was written.

Part 2
Gives details of all your child’s special educational needs as identified in the assessment. It should give a complete picture of your child, including strengths.

Part 3
Describes:

• the long term aims, or objectives for the child
• all the special provision the LEA thinks your child should get in school (or pre-school setting) to meet the learning needs in Part 2. This should normally be quantified (eg in terms of hours of provision, staffing arrangements) although there will be cases where some flexibility should be retained in order to meet the changing special educational needs of the child concerned
• the arrangements for reviewing your child’s progress and how your child’s progress is to be monitored. [Back to top]
  

Part 4
Names the school or pre-school your child will attend to get the special help set out in part 3. Before the statement is issued the LEA will send you a proposed statement, with this part left blank. You will be given the opportunity to tell the LEA which school you prefer, or to agree a proposed provision. The LEA can advise you how to do this.

Part 5
Describes any non-educational needs your child has, as agreed between the LEA and the health services, social services and other agencies.

Part 6
Describes how these non-educational needs are to be met.

The LEA will send, with the statement, copies of all the advice received from the parent, other professionals and organisations during the Statutory Assessment. [Back to top]

What happens once a statement has been prepared?

Before a final statement is prepared a draft will be sent to the parents. All the parts will be filled in except Part 4 (describing the type and name of the school), which will be left blank.

The LEA will also send parents a letter telling them how they can give their views on the statement before it is finalised.  Parents’ views will be welcome. Parents may want to consider getting more help and support at this stage.

Parents have 15 days to comment on all parts of the statement – and to say which school they want their child to go to.

Parents can ask for a meeting with the LEA to discuss the proposed statement. Within 15 days of the meeting with the LEA, parents can send in any more comments they have and the LEA will consider them. If parents would like more time to comment, they can talk to LEA staff by telephoning the Special Services Team.

When will the LEA make the final statement?

Usually the LEA must draw up the final statement within eight weeks of the draft statement. They will send parents a copy of the statement and it will have Part 4 filled in with the name of a school.

The statement comes into force as soon as it is finalised. The school’s governors must do their best to make sure the child gets the special educational help set out in the statement. [Back to top]

What if the LEA decides that a child does not need a statement?

After the Assessment, the LEA may decide that a child’s school can provide appropriate support to the child without the need for a statement. The LEA will usually tell parents of this decision within 18 weeks of being asked to consider a request for a Statutory Assessment.

The LEA will have learned a great deal about a child’s needs as a result of the Statutory Assessment. Even if it decides not to make a statement, it should share what it has learned with the child’s school. The LEA will draw up what is called a ‘note in lieu’ of a statement.

If the LEA does not make a statement, it can send parents and the school copies of all the advice it received from parents, other professionals and organisations during the Statutory Assessment.

What if you disagree with the LEA’s decision?

If parents think that the LEA’s decision is wrong and that a statement should be made for their child, they should first talk to the LEA and the school. Parents also have the right to ask for an informal resolution of the disagreement and/or a right to appeal to the Special Educational Needs Tribunal. Plymouth Parent Partnership can advise you about these options.