Obtaining a Statutory Assessment is the first step to obtaining a Statement of Special Educational Needs. You cannot obtain a Statement before a Statutory Assessment is conducted. Many parents find the SEN process to be a labyrinth. We often tell parents that the whole process comprises a number of steps. The Statutory Assessment is the first step. We usually represent parents through the whole SEN process; however we can get involved at any point. Some of our clients have more than one child with special educational needs. They have returned to us to help them with their second or third child, so our involvement with some families continues over a number of years.
At the very beginning of the SEN process when a parent or school feels a child is not progressing as expected, either the parent or school may ask the Local Authority to conduct a statutory assessment. We usually make representations on behalf of the parents at this early stage.
Government Guidance sets out the time frame which the Authority has in which to respond. Once a request for a statutory assessment has been made, the Authority should inform parents of the decision to assess or not within 6 weeks of the request. If the authority decides not to assess the child at this stage we advise in relation to lodging an appeal.
If the authority agrees to assess a child, it should do this within 10 weeks. The assessment process should involve the parents as well as the school and other professionals who work with the child. Parents are asked at this stage to submit a statement of their child’s difficulties and detailed information. We often help parents to prepare this information so that their case is presented as thoroughly as possible.
After the assessment process has concluded the authority must decide whether to issue a Proposed Statement, or to decline a statement. Advice is given at this stage.
Once a final statement has been issued we advise on the appropriateness of Parts 2,3 and 4. Often Part 2 does not adequately reflect the full extent of a child’s difficulties and Part 3 does not provide for those difficulties sufficiently. We apply the current Education Law and also Case Law when determining whether the statement is appropriate and written correctly.
The next step is Obtaining a statement of special educational needs.