Statements of Special Educational Needs

 

A Statement of Special Educational Needs (referred to as a 'statement') is a legally binding contract between a local authority and the parents of the pupil the Statement supports. A Statement sets out what special educational needs a pupil has (in Part2)   and how they will be supported and provided for (In Part 3). A Final Statement names the school the pupil will attend (in Part 4) and is reviewed annually. A Statement follows the process of a Statutory Assessment.

Parts 5 and 6 of a Statement set out Non Educational Needs and Non Educational Provision; the LA should endeavour to liaise with relevant agencies to provide for these needs. However parents are not able to appeal to the Tribunal is they disagree with the wording in Parts  5 or 6 nor can they legally require and enforce that the provision is delivered

If the LA fail to deliver the provision that is specified in Part 3 of the Statement the Parents can legally enforce the delivery of the provision. The Governors or Proprietors of the School named in Part 4 of the Statement must admit the child to the school

How we can help

 

We support with the management of Proposed or Final Statement of Special Educational Needs

We can prepare responses to Proposed Statements on behalf of the parent to the LA

We can support parents in meetings with the LA or school in order to discuss the contents of the Statement

We can advise parents of the next steps if they are unhappy with the contents of the Statement and support them in appealing to the Tribunal over Parts 2,3 and /or 4

We can advise parents of their rights if parts of the Statement are not being put in place

 

 

 

Structure of a Statement

 

Part One

Gives general information about the child.

It is a standard introduction that provides details of the child's name, address etc, and those of the child's parent or person responsible for them. 

 

Part Two

Gives the description of the child's educational needs following the assessment

It should describe the child's educational needs and current difficulties clearly and thoroughly.

It should set out the nature and severity of the child's difficulties and how they might affect the child's ability to learn in the classroom.

All the child's educational needs should be identified in Part 2 of the statement.

 

Part Three

Part 3 must specify all the educational provision to be made by the local authority to meet the pupil's educational needs.

Part 3 sets out the pupils objectives which must directly relate to the needs described in part 2.

The Educational Provision described in Part 3 must be  specific, detailed and quantified.

 

Part Four

The proposed statement will have no school named in Part 4 . This is because it is up to the parents to express a preference for a maintained school or make representations for an independent or non maintained school . A parent can also request Education Otherwise than at School (e.g. Home Education, ABA Home Based programmes, Son Rise etc) on a full time or part time basis

Part 4 of the Final Statement gives the type and name of the school the pupil should go to. That is the type of school, the name of a school or early education setting, or any provision for home education.

 

Part Five

Describes any non-educational needs the child has as agreed between the LA, health services, social services and other agencies.

 

Part Six

Describes how the child will get help to meet any non-educational needs described in Part 5 of the statement.

 

Proposed Statement of Special Educational Needs

 

Following a Statutory Assessment a LA decides whether or not to issue a Proposed (or Draft) Statement of Special Educational Needs.

The parents have 15 days in which to respond to the Proposed Statement or to request a meeting with the LA or professionals who have given advice to discuss the contents of the Statement. If the Parent responds within 15 days the LA must finalise, subject to certain exceptions, the Proposed Statement within 8 weeks of issuing it. If the parent requests a meeting the parents then have 15 days after the meeting to respond to the proposed statement and the 8 weeks time period for finalising the Statement starts from the date of the meeting

The proposed statement will not name a school ; it is up to the parents to express their preference for a Maintained School or make representations for a Non Maintained or Independent School .

The LA MUST consult with ANY maintained school the parent request them to consult with; this school may be in another borough and may be a maintained  mainstream or maintained special school . The LA does NOT have to consult with a non maintained or independent school even if the parents asks for this school so long as the LA believe that they may have a school that can meet the child’s needs

For  the law associated with naming of school s in Part 4 of the Statement please see attached section “ Choosing and Naming a School in Part 4 of the Statement “