Statutory Process
Statutory Process Information
Statutory Process Useful Items
Statutory Process Information
Statutory Process
Many children, at some time, will have special educational needs of some kind. Most children’s needs can be met by their ordinary (mainstream) school, sometimes with the help of outside specialists (see SEN provision in Schools). If your child still does not seem to be making enough progress or needs a lot more extra help, the local authority (LA) may decide to carry out a more detailed assessment of your child’s needs.
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What is a Statutory Assessment?
This is a detailed investigation to find out exactly what your child’s special educational needs are and what special help your child needs. Very few children need a statutory assessment because a statutory assessment is only necessary if the school or early education setting cannot provide all the help that your child needs.
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Requesting an assessment
Your child’s school or early education setting can ask the LA to carry out a statutory assessment. They should always talk to you before asking the LA.
Or
If you feel that your child’s school or early education setting cannot provide all the extra help that your child needs, or your child is not making enough progress and so is falling further behind other children of the same age, you can ask the LA to carry out a statutory assessment. You should always talk to your child’s teachers or the SENCO before asking the LA. You can always ask them to help you write to the LA, or you can ask the local parent partnership service or a voluntary agency for help.
The LA have six weeks to decide whether to carry out an assessment. They will consider your child’s progress at school and relate it to the guidance in the SEN Code of Practice. They will also listen to your views and to the views of your child’s school about your child’s special educational needs.
If the LA decide not to carry out a statutory assessment of your child’s special educational needs, they must write to you and the school to explain their reasons. Even if the LA decide that your child does not need a statutory assessment, your child can still get extra help. If the LA decide not to carry out a statutory assessment, you have a right to appeal to the Special Educational Needs Tribunal if you disagree with the decision.
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Results of an Assessment
1)The LA may decide it is necessary to write down all the information they have collected during the assessment in a document called a statement of special educational needs (usually called a statement). The LA should normally write and tell you whether they are going to write a statement within 12 weeks of beginning the assessment. A statement will describe all your child’s SEN and the special help your child should receive. The LA will usually make a statement if they decide that the special help your child needs cannot all be provided from within the school’s resources. These resources could include money, staff time and special equipment.
Or
2)The LA may decide that your child’s school can provide all the special help your child needs without a statement. The LA should share with you and your child’s school what they have learned from the statutory assessment. The LA will usually do this by drawing up a ‘note in lieu of a statement’.
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Statutory Process Glossary Terms
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RSA
Request for Statutory Assessment
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SA/SAP or SA+
School Action/School Action Plus
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NiL
Note in Lieu
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IEP
Individual Educational Plan
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EP
Educational Psychologist
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SN-IP
Special Needs Informed Parents
Statutory Process Leaflets & Letters
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Visiting Specialist Provisions Checklist
Questions parents might wish to ask when visiting possible specialist provisions for your child.
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Choosing a school for a child with SEN
Checklist of questions parents might ask when visiting schools to help decide which will best support their child
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What is a Statement of Special Educational Needs?
Brief overview of a Statement
Download What is a Statement of Special Educational Needs? (68 kb)
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What is Statutory Assessment?
Overview of the Statutory Assessment process.
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What is an Annual Review?
Overview of the Annual Review process linked to Statements.
Statutory Process Documents
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Special Educational Needs - A guide for parents and carers 2009
: SEN Support : Special Educational Needs : Information
Revised guide from the DCSF descibing what special educational needs are; what you can do if you are worried that your child might be having difficulties; how you can help; what schools and local authorities can do and your rights and your childs rights.
Download Special Educational Needs - A guide for parents and carers 2009 (1248 kb)
Statutory Process FAQs
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If my child doesn't make any progress under School Action?
The class teacher or the SENCO should talk to you about getting advice from other people outside the school. This might be from a specialist teacher, an educational psychologist or a speech and language therapist. This kind of help is called Early Years Action Plus in early education settings, or School Action Plus in schools.
Related Documents
