What Is A Statutory Assessment?

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EVERYTHING YOU WANTED TO KNOW ABOUT THE LAW ON SPECIAL EDUCATIONAL NEEDS BUT WERE TOO AFRAID TO ASK! 2

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“Everything You Wanted To Know About The Law On Special Educational Needs But Were Too Afraid To Ask!” 3

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“Everything You Wanted To Know About The Law On Special Educational Needs But Were Too Afraid To Ask!” 4

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“Everything You Wanted To Know About The Law On Special Educational Needs But Were Too Afraid To Ask!” 5 www.SpecialEducationalNeeds.co.uk

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“Everything You Wanted To Know About The Law On Special Educational Needs But Were Too Afraid To Ask!” The SEN Legal Framework What Is SEN? What Is SEP? What Is A Statutory Assessment? What Is A Statement of SEN? What Is A Special School? What Is An SEN Tribunal Appeal? OUTLINE 6

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“Everything You Wanted To Know About The Law On Special Educational Needs But Were Too Afraid To Ask!” WHAT IS A STATUTORY ASSESSMENT? 7

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“Everything You Wanted To Know About The Law On Special Educational Needs But Were Too Afraid To Ask!” WHAT IS A STATUTORY ASSESSMENT? LEA Must Conduct ‘Statutory Assessment’: Where It Believes Child Has SEN Either Not Being Met Through School-Based Intervention, Or Where Needs Are So Substantial That A Mainstream School Would Not Be Able To Meet Them Effectively From Within Their Own Resources Assessment Can Also Be Requested By Parents/School If Previous Request Not Made Within 6 Months Child Does Not Already Have To Be On School Action/School Action Plus (Although This May Provide Good Evidence) 8

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“Everything You Wanted To Know About The Law On Special Educational Needs But Were Too Afraid To Ask!” WHAT IS A STATUTORY ASSESSMENT? Schools/LEAs Always Recommended To Adopt 'Graduated Response‘ To SEN Majority Of Children With SEN Have Needs Met In Mainstream Schools With School-Based Provision (At School Action/School Action Plus) If Needs Still Unable To Be Met At School Then LEA Legally Required To Consider Need For/Initiate Statutory Assessment 9

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“Everything You Wanted To Know About The Law On Special Educational Needs But Were Too Afraid To Ask!” WHAT IS A STATUTORY ASSESSMENT? LEA Needs To Be Satisfied That: Child ‘Probably’’ Has SEN And LEA ‘Needs’ Or ‘Probably Needs’ To Determine SEP By Making Statement Of SEN Statutory Assessment Only Carried Out Where LEA Has Evidence Suggesting That: Child’s Difficulties Not Responded To ‘Relevant And Purposeful Measures’ Taken By School/External Specialists Child’s Learning Difficulties May Call For SEP Which “Cannot Be Reasonably Provided Within The Resources Available To Maintained Mainstream Schools” Within LEA’s Area LEA Has 6 Weeks To Respond To Request And Make Decision Parent Has Right To Appeal To SEN Tribunal Against Refusal Appeal Must Be Lodged Within 2 Months Of Decision 10

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“Everything You Wanted To Know About The Law On Special Educational Needs But Were Too Afraid To Ask!” WHAT IS A STATUTORY ASSESSMENT? If Agreeing To Carry Out Statutory Assessment LEA Has 10 Weeks To Seek Following ‘Advices’: Parental Report Educational Report (Usually From Child's School) Medical Report (Usually From Local Paediatrician) Psychological Report (Usually From LEA’s Educational Psychologist) Social Services Report (Even If No Previous Contact) Any Other Reports Considered Necessary: Speech & Language Therapist Occupational Therapist Physiotherapist Where Child May Have Sensory Difficulties LEA Must Also Obtain Educational Advice From: Qualified Teacher Of Visually Impaired/Hearing Impaired (In Addition To Report From School) 11

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“Everything You Wanted To Know About The Law On Special Educational Needs But Were Too Afraid To Ask!” WHAT IS A STATUTORY ASSESSMENT? After Assessment LEA Must Consider Evidence And Decide Whether To Make ‘Statement’ If Agreeing LEA Must Draft And Send ‘Proposed Statement’ To Parents Within 2 Weeks With Copy Of All Advices Received (‘Appendices’) If Refusing LEA Must Notify Parents That Making Of Statement Is Unnecessary If Refusing To Make ‘Statement’: LEA Will Usually Issue ‘Note In Lieu’ (Similar Format To Statement But No Legal Status) LEA Must Give Parents Reasons Why They Are Refusing To Make Statement LEA Must Notify Parents Of Right To Appeal To The Special Educational Needs & Disability Tribunal Appeal Must Be Lodged Within 2 Months Of Decision 12

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“Everything You Wanted To Know About The Law On Special Educational Needs But Were Too Afraid To Ask!” CONCLUSION 13 The SEN Legal Framework What Is SEN? What Is SEP? What Is A Statutory Assessment? What Is A Statement of SEN? What Is A Special School? What Is An SEN Tribunal Appeal?

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“Everything You Wanted To Know About The Law On Special Educational Needs But Were Too Afraid To Ask!” Requested LEA To Conduct A Statutory Assessment (Reassessment) But Have Been Refused Had Statutory Assessment But LEA Refused To Make Statement Of SEN And Issued 'Note In Lieu' Received 'Proposed' Statement But Not Sure Whether It Is Adequate Or What To Say In Response Received 'Final' Statement But LEA Not Named 'Preferred' School In Part 4 Or Named 'Preferred' School But Put In Insufficient Support In Part 3? Want To Appeal To Special Educational Needs And Disability Tribunal But Not Sure What To Do Or How To Win Appeal 14 DOUGLAS CAN HELP IF YOU HAVE:

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“Everything You Wanted To Know About The Law On Special Educational Needs But Were Too Afraid To Ask!” Want Independent Expert Advice But Not Sure Who To Approach Or What To Ask Them To Do Want To Appeal For Independent/Non-Maintained Special School But LEA Has Said That It Will Be 'Inefficient Use Of Resources' Or 'Unreasonable Public Expenditure' Want To Appeal For Mainstream School But LEA Has Said That Child's Needs Can Only Be Met In A Special School Are Conducting A 'Home Programme' Successfully But LEA Has Said They Can't Or Won't Fund It 15 DOUGLAS CAN HELP IF YOU:

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“Everything You Wanted To Know About The Law On Special Educational Needs But Were Too Afraid To Ask!” Requested LEA To Change Name Of School On Statement But Have Been Refused Attended Annual Review Of Statement Where Advised That Child Needs More Support And/Or Different School But LEA Refuses To Amend Statement Been Told By LEA That They Are Going To Cease To Maintain Statement 16 DOUGLAS CAN HELP IF YOU HAVE:

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“Everything You Wanted To Know About The Law On Special Educational Needs But Were Too Afraid To Ask!” www.SpecialEducationalNeeds.co.uk 17 For Further Information On SEN/Disability/Educational Issues

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