ASSESSMENT & STATEMENTING

The Education Act 1996 and the Code of Practice under section 313 of the act looks towards the education of children with special educational needs alongside their peers in mainstream rather than special schools wherever this is practical. There are 3 main conditions that have to be met when a child with a special educational need is to educated in a mainstream school, these are:

1. The educational needs of the child must be met.

2. The education of other children in the class must not be disrupted.

3. It is compatible with the efficient use of resources.

In addition to this the local authority must take into account the views of the parents.

If it seems likely that a child may have a special educational need then the education authority may decide to carry out an assessment, the parents can also request that an assessment should be carried out.

The Assessment

If the local authority plan to carry out an assessment they will inform the parents of this, the Parents have 29 days to object if they do not want an assessment carried out.

A number of different professionals will usually submit their comments to the local authority and the assessment should take no longer than 26 weeks from start to finish. Parents have a right to be present at any examination that might take place and they must have an opportunity to give their views. After the assessment is completed the local authority will decide if:

1. the child has special educational needs and a statement will be made

2. the child does not have a special educational need (the parents have a right to appeal if they do not agree with this decision)

3. the child has a special educational need and a statement will not be made (some children may require a little assistance but will not need a formal statement).

Children who would have in the past attended a special school will now generally have statements.

Re-assessment of the child's needs may take place at an annual review of the child's progress or at the request of the parents.

Appealing

If a parent is unhappy with the outcome of the statement they may appeal against it. The first stage is to appeal to the local appeal committee who can either:

1. confirm the statement or

2. request the local authority to reconsider the statement

If the parents are still unhappy with the outcome, an appeal can be made to the secretary of state who will consult with the local authority and will decide one of the following

1. to confirm the statement as it stands

2. to amend the statement

3. to direct that the local authority cease to maintain the statement

The local authority must comply with the decision of the secretary of state.

There are many organisations that can offer specialist advice and guidance if you are having difficulties with the statementing process, you can also contact this office for further information.



Advisory Centre for Education
1B Aberdeen Studios
22-4 Highbury Grove London,
N5 2DQ
Tel. 0207 354 8321

Centre for Studies on Inclusive Education
1 Redland Close
Elm Lane
Redland
Bristol, BS6 6UE
Tel. 0117 923 8450

IPSEA
4 Ancient House Mews
Woodbridge
Suffolk, IP 12 1DH
Tel. 01394 380518

The Alliance for Inclusive Education
Unit 2, Ground Floor
70 South Lambeth Road London,
SW8 1RL
Tel. 0207 735 5277

Children's Legal Centre
The University of Essex
Wivenhoe Park
Colchester
CO4 3SQ
Tel. 01206 873820

Network 81
1 - 7 Woodfield Terrace
Chapel Hill
Stanstead, Essex, CM24 8AJ
Tel. 01279 647415