Statutory Assessment
Last updated 08 Feb 2010, review date due 08 Feb 2012
If a child at the ‘Action Plus’ stage of the framework still needs more help, the child’s parents, school, and any other professionals who work with the child may consider a statutory multi-disciplinary assessment. There are several ways for a child to be referred for a statutory assessment.
- Referral from a school or setting
- Referral from another agency (such as health services)
- Formal request from a parent
Making a formal request to your authority
If the review meeting at the ‘Action Plus’ stage of the framework finds that your child needs more help, the school may decide that he or she should have a statutory assessment. If you feel your child is not getting enough help at the ‘Action Plus’ stage, you can ask for an assessment whether or not the school asks for one. You can even ask for a statutory assessment if your child is not at the ‘Action Plus’ stage. You may ask for an assessment as long as you have not asked for one within the last six months. Bear in mind that your request will not necessarily lead to a statutory assessment, and an assessment does not always lead to a statement of special educational needs. The authority may decide that an assessment is not justified, and even if it does carry out an assessment, it may determine that a statement is not necessary.
If you want to make a formal request to your authority, you do not need to list every concern about your child. A simple letter with no more than three reasons why you would like an assessment is enough. Template letters are available from Network 81 and the Independent Panel for Special
Education Advice (IPSEA)
The authority should respond to your request, and may ask you for more information about your child. Before deciding whether to make an assessment, it should also contact the school and find out more about how they have been supporting your child so far. The authority must decide within six weeks whether to carry out an assessment. If the authority decides that an assessment is not necessary, it must write to you and the school, explaining why it is not going to assess your child, and setting out the provision they believe would meet your child’s needs. You can appeal against this decision.
- More information about appeals and the SEN and disability tribunal (SENDIST)
If the authority is going to carry out an assessment, it must explain the process. The authority may allocate a named officer to deal with your case. This officer will ask for more information from you, the school, and any external specialists who work with your child, such as healthcare professionals and therapists. The authority will ask that you send the information within six weeks. The assessment should be finished within 18 weeks of your original request for an assessment.
Parental advice
When the authority asks for your advice as parents, it may give you some guidance on what type of information to give. Discussions with your authority or parent partnership service may be helpful. You can also seek advice from voluntary organisations specialising in SEN.
We can provide references and information on the source material we use to write our epilepsy advice and information pages. Please contact our Epilepsy Helpline by email at helpline@epilepsy.org.uk.
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