If, following a statutory assessment, the Local Authority decides that a child requires support in addition to that which is provided from within the school’s own resources, a Statement of Special Needs should be issued. A Statement of Special Educational Needs is produced in accordance with the Special Educational Needs Code of Practice. The SEN Toolkit Part 7 'Writing a Statement of SEN' contains guidance for Local Authority staff on how to write a Statement. It is important that the Statement is specific and identifies all the child’s needs and matches the needs to detailed provision.
www.teachernet.gov.uk/wholeschool/sen/sentoolkit
Statement Format
The process of issuing a statement is laid down by the Education Act 1996 and the rules governing the management of all maintained schools. The Code of Practice on SEN also dictates that the Statement must "follow the format and contain information prescribed by the regulations" (Code of Practice 8:29 - see schedule 27 Education Act 1996 and the Education Regulations 2001).
www.teachernet.gov.uk/docbank/index.cfm?id=3724
The statement should follow this format:
Part 1: Introduction - Personal details including parental responsibility and religion
Part 2: Special Educational Needs - As identified through the statutory assessment process
Part 3: Special Educational Provision - To meet the needs and should include Objectives, Provision and Monitoring arrangements
Part 4: Placements - Type and name of school and arrangements for provision otherwise than school
Part 5: Non-Educational Needs - As agreed by health, social services or others
Part 6: Non-Educational Provision - Details of all relevant non-educational provision and should include arrangements for these, such as transport to and from the school
All Statements must be signed and dated by the duly authorised Officer of the Local Authority.
Appendices
All the advice obtained and taken into consideration during the assessment process must be attached as Appendices. This must include:
Parental Representation (Appendix A)
Educational Advice (Appendix B)
Medical Advice (Appendix C)
Psychological Advice (Appendix D)
Children and School’s Social Work Service Advice (Appendix E)
and may also include Other Advice obtained by the Authority (Appendix F)
Statement Content
The Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 say that a Statement must specify:
a) Facilities and equipment that are appropriate
b) Modifications (if any) to the application of the National Curriculum
c) Exclusions from the application of the National Curriculum in detail, as well as proposed provision that may substitute for any exclusion in order to maintain a balanced and broadly based curriculum
d) Where residential accommodation is appropriate
A pupil does not require a Statement in order to benefit from any concessions that an Examination group might grant to a pupil with special educational needs.
Parts 2, 3, and 4 of the Statement are legally binding on the Local Authority, Parts 5 and 6 are not and there is no right of appeal to the Special Educational Needs and Disability Tribunal (SENDIST) about these sections.
Implementing a Statement
It is the legal responsibility of the Local Authority to ensure that a Statement is correctly adhered to. When a Statement is made the Local Authority ensures that the school has a "responsible person" (usually the Headteacher) who is informed. It is the duty of this "responsible person" to then make sure that all who teach the child knows the child’s special needs.
A Statement should not be shown to any unauthorised person without the consent of the child or parents.
Those authorised to see a Statement are:
Anyone who, in the Local Authority’s opinion needs to see it in the interest of the child e.g. teachers, therapists
Members of a tribunal if parents appeal
If parents complain under the 1996 Education Act - The Secretary of State
Anyone whom a court order discloses to or for the purpose of any criminal proceedings
An authority carrying out duties under the Disabled Persons (Services, Consultation and Representation) Act 1986 or under the Children Act 1989
The Ombudsman
OfSTED teams
Proposed Statement
The Local Authority must provide a complete Proposed Statement, except for Part 4. A Proposed Statement should not give details of where the special provision should be made. It is the duty of the Local Authority to send a copy of the Proposed Statement with the Appendices to the child’s parents and to everyone who submitted advice. The letter accompanying the Proposed Statement should give information on the arrangements for choosing a school and the right to make any representations relating to the content of the statement. The right to appeal to the Special Educational Needs and Disability Tribunal (SENDIST) as well as details of time limits to appeal should always be given.
Time Limits
On receipt of the Proposed Statement, parents have a right to state a preference for their chosen school. It must also be explained to parents that they have the right to raise any other issues relating to the content of the Statement. A final Statement must be issued within eight weeks. Exceptions to this can be found in the Education (Special Education Needs) (England) (Consolidation) Regulations 2001 appended at Annex A.
Amendments to the Statement
Following the Annual Review the Statement may be revised. A draft Amendment will be issued followed by a new Statement providing the changes are agreed. Parents are given the same opportunities to appeal if they do not agree with the proposed changes.
Note in Lieu of a Statement of Special Educational Needs
Once a child has undergone a statutory assessment the Local Authority must make the decision as to whether or not it would be appropriate to issue a Statement. The Code of Practice says that if, after a statutory assessment has taken place, the Local Authority decides against issuing a Statement, it is preferable to issue a Note in Lieu. Doncaster’s practice is always to issue a Note in Lieu if a Statement is not appropriate.
A Note in Lieu is a document that may be issued to the child’s parents and school describing the child’s special educational needs, explaining why the Local Authority does not think it necessary to produce a Statement and making recommendations about appropriate provision for the child. All the advice received during the assessment should be attached to the document sent to parents and with their consent should be sent to the child’s school and other relevant advice providers. The child’s special educational needs should continue to be met within resources allocated within the current funding system.
A Note in Lieu should contain as much information as a statement and so provide parents and the school with valuable guidance in supporting the child. If, after 6 months from the date of issue of a Note in Lieu the child has made little or no significant progress, or important information that was not available previously can be submitted as evidence, parents or school can ask the Local Authority to reconsider and re-start the assessment process or move towards issuing a statement.
Parents have the right to appeal against the Local Authority’s decision through the Special Educational Needs and Disability Tribunal (SENDIST). For further details see the website:
http://www.sendist.gov.uk/Parents/index.htm
Guides on how to make a claim and how to appeal are available.
The SEN help line 01325 392555 and Disability help line 020 7925 5750 will provide additional details.
For details of the timescales see section 8 of the SEN Code of Practice (paragraphs 8:15 and also the flowchart in paragraph 8:134). The Code also recommends that the Local Authority arrange meetings for parents with the Local Authority Officer and the Headteacher or Special Educational Needs Co-ordinator (SENCO) to discuss the Local Authority’s decision, the Note in Lieu and the provision to be made.
