Starting the statementing process
Requesting a statement | Statementing process | Parents' report | Statutory assessment timeline | Challenging the statutory assessment decision
The government has published a green paper called Support and aspiration: A new approach to special educational needs and disability.
Among other things, it proposes replacing statements with education and health care plans drawn up after a single, streamlined assessment, getting voluntary groups involved in the assessment process and giving parents a personal budget to spend on services.
The consultation runs until 30 June 2011.
To read the green paper and have your say, go to www.education.gov.uk/consultations
A statutory assessment can be requested by your child's nursery or health worker. But generally, it will be the parents who request that the statementing process is started – "Now, as always, you are your child's best advocate."
"IPSEA are very good at the whole minefield that is the Statementing process, their web address is www.ipsea.org.uk. There are model letters on there you can use." AttilaTheMeerkat
The request must be in writing. Some local authorities have online forms that you can use – if you do, remember to print everything off so that you have a copy.
"Till you do this in writing, you will get fobbed off again and again. I learned this the hard way, as I kept on asking for a statement verbally, from people who I naively thought wanted only the best for my darling boy, and I was fobbed off for 2 years! I was so annoyed that I found out that they need do NOTHING till they get a request in writing." sickofsocalledexperts
How do I request a statutory assessment?
- Write a letter to the head of SEN at your local authority (look up the contact details on the council's website) saying: "I am requesting a statutory assessment of my child, [insert name], for special educational needs under the terms of the Education Act 1996."
- Write a paragraph on your child's problems and needs.
"Then add a paragraph on what his problems are, and what school etc have said to back up what the problems are, and how you feel he will struggle in the future. Make it sound bad, not good at this stage, even though naturally as a mum you want to look on the bright side." sickofsocalledexperts
How will I know the statementing process has started?
As soon as it has been requested, the local authority should start gathering evidence about your child's needs. Within six weeks, the authority will make a decision on whether or not to assess your child, and will inform you of their decision in writing.
"You know if the statement process has been initiated because the local authority has a duty to inform you in writing that they will be starting it." WetAugust
I got my daughter's music therapist to write a report that music therapy was essential. Then her paediatrician endorsed it. It meant her statement has a provision for music therapy." Riven
If your local authority decides not to go ahead with the statutory assessment, your child can still be entitled to extra help in school. If you believe that your child really needs a statutory assessment and the local authority's decision is wrong, then you have a right to appeal to the Special Educational Needs Tribunal.
Who will assess my child during the statutory assessment?
- You – the parents' view is sought and you will be asked to write a report about your child
- Headteacher and teachers involved with your child's learning
- Educational psychologist, to ascertain the sort of support that your child needs
- School doctor or your own doctor – medical reports may be requested
- Private opinions/advice – if there are other professionals you think would be able to help convey your child's needs, these can be included
What do I write in my parents' report?
The parents' report provides a chance for the panel to 'see' the child behind all the other reports and jargon. You should include something of your child's history, how s/he has found developmental milestones as well as current difficulties and needs. You should also provide a list of any professional people that your child currently sees, so that the authority can request up to date reports from all of them.
"Without being maudlin, describe your child, what they are like, what difficulties they have and what support you'd like and how it would help them. So mine said (when we wanted mainstream education): 'Our daughter is a sociable child despite her profound physical disabilities and enjoys the company of talking children. She really enjoys interacting with other children and we feel this would help her explore her potential'." Riven
Day 1: You write your letter requesting a statutory assessment.
6 weeks: The local authority will make a decision on whether or not to assess and let you know their decision in writing. If they decide to go ahead, they should name the Officer who will deal with your case – this is the number one person that you need to speak to each time.
6-12 weeks: The local authority will write to the educational psychologist, medical officer, school / pre-school teachers and social workers asking for their reports. They will also ask you for a report and your ideas about who else they might contact. Everyone involved has six weeks to submit their reports. Your child should also be asked for their input where possible.
12-18 weeks (but it might be rather longer): When all the reports are in, the authority decides whether to put together a statement or a note in lieu.
If a statement is the plan, then a draft 'proposed' statement is sent to you. You can comment on the proposed statement and will be offered the chance to meet with your officer to discuss this if you want to. (You can also discuss the proposed statement with an independent supporter.)
"A draft of the statement will be sent to you to approve, based on reports written and collated. Your job is to go through it with a fine tooth comb and send it back with your amendments (ask for electronic copy so that you can do this easily). All provision must be quantified and specified. This is ESSENTIAL. Keep on sending it back until you are completely satisfied. Ignore what they tell you is available. Consider what you (in conjunction with professionals you trust) deem appropriate." moondog
If a statement is not the plan, then you will receive a note in lieu. This describes your child's needs and offers guidelines as to how those needs can be met. A note in lieu means your child will not get extra resources from the local authority.
Annually: The statement must be reviewed at least annually.
What if I disagree with the decision of the statutory assessment?
If you disagree with the decision, your local authority should give you the chance to discuss things with them. Contact the officer in charge of your case. It is to everyone's benefit that you come to an agreement.
But if you still disagree, or if the statement offers less support than you would like, you have the right to go to a Special Educational Needs and Disability Tribunal. There are lots of parent support organisations and services – such as The Parent Partnership Service - that can support you with this decision.
Nursery | School-age children | Statutory assessments | What an SEN says