A Statutory Assessment

What is a Statutory Assessment?

A Statutory Assessment is a process which may or may not lead to the issuing of a statement of Special Educational Needs.

A Statutory Assessment is a co-ordinated comprehensive assessment to find out exactly what a child's special educational needs are and the special help he or she might require to ensure their needs are met.

Unless your child has severe special needs, it is a procedure which is rare, as in most circumstances additional support can be given by the school or setting using their own and delegated Special Educational Needs (SEN) resources.  Only 2% of children/young people nationwide have a statement of Special Educational Needs.

All of Wiltshire's assessment procedures follow the SEN Code of Practice published by the DfES (2001).

Who can ask for a Statutory Assessment?

A request for a child to be assessed may come from:

• the child's parent(s). It is always best to discuss with your child's head teacher before doing this;
• the child's school or setting;
• an Advisory Teacher;
• another agency, e.g. Health or a Social Worker

There is normally an expectation that the child will have received additional support on School Action Plus for at least two reviews of the Individual Education Programme (IEP)

Parents are always consulted prior to a request for a Statutory Assessment.

The Local Authority (LA) gathers information about a child's progress and the steps taken to help them over time. This information should be shared with the parents. The LA takes the decision whether to undertake a full assessment. The LA has to follow published guidelines to make their decision.

To help with the decision the school will be asked to produce information on your child in a standard format.

The ask Parent Partnership Service can provide parents with advice and information about matters relating to any Special Educational Need their child may have.

What the school should provide as evidence for the assessment

The school should provide the most recent evidence, which should include:

• Individual Education Plans (IEP's) and/or provision mapping;

• Educational Psychologists report;

• evidence of the child's progress over time; 

• evidence that the school has implemented recommendation and advice from the appropriate professionals;

• the child's view;

• some of the child's work;

In addition, depending on the child's needs, reports from relevant professionals may also be provided e.g. speech and language, behaviour support, SOCIT, PASSIS, learning support.  If you would like further information giving detailed descriptions of the services available to children with special educational needs in Wiltshire click here.

Parental Contribution

The Local Authority will send you a form asking for your views.  We recommend that parents use the headings as a guide; however please provide additional evidence where appropriate.

What happens if the Local authority refuses to carry out a Statutory Assessment?

You will receive a letter which should clearly outline the reasons for the decision.  It will also include an explanation of your right to appeal.

You are also legally entitled to request a meeting with an Education Officer, where you could discuss the reason for the decision.

What happens if the Local Authority decides not to proceed with a Statutory Assessment?

You will receive a letter, which will clearly outline the reasons for the decision. It will also include an explanation of your right to appeal.

What happens if the Local Authority decides to proceed with a Statutory Assessment?

If the school made the request on the child's behalf the LA will write to inform you as the parent and request your agreement to carry out a Statutory Assessment.

If you agree, the LA will write to you and other professionals who know your child, asking for a written report about your child's special educational needs.

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

• communication and interaction;
• cognition and learning;
• behaviour, emotional and social development;
• sensory and/or physical.

The LA will also ask what has been done already to help your child and what progress has been made.

What happens when the Local Authority agree to a Statement?

A copy of all the information gathered during the assessment will be sent to you along with a draft copy of the proposed statement to be issued. This is a large paper document and is in six parts:

• details of the child's name, address, age, etc.
• a description of each of his or her special educational needs;
• the provision required to meet the needs identified;
• in the proposed statement the name of the school is left blank until the actual school is agreed;
• a description of any non-educational needs;
• the provision of any non-educational needs;

This is an opportunity for parents to agree and/or disagree with the proposed statement.  However this must be based on the evidence collected during the Statutory Assessment process.

You will need to spend time reading the proposed statement and then make your comments as well as, if needed, stating a preference of school.

You will be given 15 days to do this. You can also request a meeting with the LA to discuss the proposed statement. You can extend the 15 days by request if you need to. Choosing a new school is a lengthy process as you may need time to visit a number of schools before stating your preference.

The LA will usually agree the school as long as:

• the school is an LA school;
• the school is suitable for the child's age, ability and special needs;
• other children in the school will not have their education affected;
• placing the child at that school is an efficient use of the LA's resources.

If you express a preference for a special school, the school will be approached as to whether they can meet the requirements within the statement. If they can, a final statement will be issued which will include a named school.

If you disagree with the final statement you have the right of appeal. If you are unhappy with any aspect of the statement you are entitled to approach the mediation service. This is subject to joint agreement between you and the LA. This does not affect your right to a SEN tribunal.

What happens if a Statement is not issued?

The LA will contact you by letter and telephone. They may send you copies of all the assessment papers and a "Note in Lieu of Statement". This is a document that describes your child's needs and the reasons for not making a statement. It will also include suggestions for support through the school based resources.  This is not a Statement therefore the Local Authority does not have the statutory requirement to provide the resources. Again, there is an appeals procedure to the SEN tribunal if you dispute the outcome.

Mediation

You will have the right to meet with an LA officer to discuss any concerns you have regarding decisions made about your child, if you are still not happy you can request support from the ask Parent Parntership Service or alternatively contact or use the LA's independent mediation service.

Regional contact:

Wessex Mediation
5 Weymouth Avenue
Dorchester
DT1 1QR

Telephone: 01823 336465

The Appeals Process

To make an appeal you should contact:

Special Educational Needs and Disability Tribunal

Mowden Hall
Staindrop Road
Darlington
DL3 9BG

Remember, that you can also contact ask's Parent Partnership Service at any time during the process.

When will the Statement be reviewed?

The school must review a child's statement at least every 12 months. This is called the Annual Review. For more information about the Annual Review please click here.  

When the child is in year 9 a Transition Review Meeting is held at which a plan is drawn up to help the young person move into adult life. A Connexions adviser must attend.

What happens if I move to a new county and my child has a Statement?

• Your old LA must send a copy of your child's statement to the new authority.
• Your new authority may decide to adopt the existing Statement or reassess your child, in which case they may amend the Statement and you have a right of appeal to the tribunal.

You can assist this process by letting both Authorities know of your plans to move as soon as possible. You can also start investigating the local situation with regard to appropriate schools.

What happens if I move within the county?

• Let the head of your child's school know as soon as possible.
• Let the Central SEN Team at County Hall know as soon as possible on 01225 713000.
• Make contact with the head of the school you intend to send your child to but remember no commitment can be made by the school without consulting the Assessment and Placement team, who may need to approve the placement.