The term Statutory Assessment is used to describe an assessment under the Education Act 1996. It is the way the Local Authority determines:
Whether a child has substantial or complex needs to the degree that may require a statement
What the major needs are
How the needs can be met
Special resources, equipment or input
Access to buildings, curriculum etc
Disapplications
A decision to assess may be made by the Local Authority. When a request is made the child will have demonstrated "significant cause for concern" and the school should provide the Local Authority with a record of the interventions and work with the child including the resources or special arrangements that they have already made available. If there is insufficient evidence or it is considered that the needs of the child can be met by the school, a decision may be made not to proceed with a statutory assessment at that time.
The SEN Code of Practice states that written evidence or information should include:
Progress over time
Any action taken through School Action and School Action Plus
Individual Education Plans (IEPs) for the child
Records of regular reviews and outcomes
The child’s health including medical history where relevant
National Curriculum levels
Attainments in literacy and mathematics
Educational and other assessments, e.g. advisory teacher, Educational Psychologist
Views of the parent and the pupil
Involvement of other professionals
Any involvement by the Children & Schools Social Work Service
This form should be used to refer a child for an assessment of special educational need. The form should be fully completed, signed and dated before submission to the Special Educational Needs Team.
Request from Pre-School for Statutory Assessment
The Pre-School Inclusion Service can request a statutory assessment for children of pre-school age. They should provide the Local Authority with the following information:
About the child’s difficulties identified by staff, including Early Years SENCOs
Relating to strategies used by the Early Years Team
About any advice which has been sought regarding the child’s physical health, communication skills, social skills and emotional and behavioural development
The Local Authority will look for submission of the same information as listed for schools which should include the views of the parents and any copies of IEPs put in place by the early years setting. For some children with complex needs the Local Authority may rely on a single report from the lead professional/s involved with the child.
Request from Parents
According to the Education Act 1996 parents can request a statutory assessment, or if the child already has a statement they can ask for a reassessment. In the case of children under 2 years of age the Local Authority must comply unless an assessment has taken place in the last six months. Such a request should always be made in writing to the Local Authority.
Following a parental request the LA will contact them to investigate the concerns and to secure information on the current provision available. The child’s school must be informed and information about the child’s progress and the school’s view of the child’s difficulties and major needs sought.
The Local Authority:
Carries out the assessment, follows the statutory process, writes a Statement of SEN or Note in Lieu
Provides a referral structure and appropriate protocols for the process
Consults with and seek advice from other professional groups and parents whilst considering the Statutory Assessment
Undertakes decisions based on clearly dated criteria
Ensures that there is a means of conciliation open to parents or carers where disputes occur
Responds to the Special Educational Needs and Disability Discrimination Tribunal (SENDIST) when parents have lodged an Appeal against a decision made by the Local Authority
Contacts the child’s school for information about the child’s progress and determines the school’s view of the child’s difficulties
Appendix A Form
This form is completed by the child’s parents/guardians, and gives them an opportunity to make their views known to the Local Authority and to submit any information they feel to be relevant. This document will be sent with an accompanying letter from the Local Authority when a referral for assessment has been received by the SEN Team.
Appendix B Form
This should be used to provide educational advice towards a child's assessment of special educational needs. The form should be submitted to the Special Educational Needs Team by the school.
Appendix C Form
This is a report or summary submitted by the Department of Child Health, detailing general, and when appropriate, more detailed information about the child’s medical history. This may also include any relevant additional reports, e.g. speech and language reports, occupational therapy reports.
Appendix D Form
This is a report or summary submitted by the Local Authority’s Educational Psychologist Service. It will include details of any visits made prior to, and during the request for assessment, to the child’s home or school by an Educational Psychologist.
Appendix E Form
This is a report completed by the Children & Schools Social Work Service, and will only appear as part of the overall advice if the child is currently known, or has been known, to the Social Services. If there has been recent or ongoing involvement, the child’s Social Worker will complete the advice.
Appendix F Form
This report is only submitted as part of the overall advice if the Local Authority feels that additional advice from another provider is required to contribute towards writing a Statement of Special Educational Needs.
