In summary, the draft law proposes to reduce the number of assessments that is needed by a child experiencing learning disabilities. It plans to reduce the time it will take to obtain a statement and enhances the say that parents have in the education of their child with SEN.

Many of the proposals are encouraging and could make a positive difference, however, there are significant questions and doubts over some of the plans.

Reducing the statutory timing for the statement process will only make a small difference unless the delay to the tribunal hearing is reduced, which causes the longest wait at the moment.

The proposal to hold a single assessment would improve the experience for the child. However, it is not yet clear that all specialities will be covered. This could be fundamental to some children with SEN. Furthermore, the appeal process from assessment has not been addressed in the draft proposals.

The proposals to increased the role and choice to parents could work well but the draft fails to address the usual reason why local education authorities want to ignore parents requests – money.

There is evidence that pupils with special needs are missing out on their considerable rights under current legislation. Budget constraint is a core reason and unless the money is made available by local authorities, there is no reason to presume that new laws will be met as the law requires.

Rights are strong and comprehensive under current law and are likely to continue under the proposals. The challenge remains in forcing local authorities to abide by them.

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