Hello Discover life
I would really, really recommend that you join the HE Special Needs Support List
The guys who hang out on there really know their stuff about this sort of thing.
Issie and Christine in particular are very good about the legal bits.
But in the meantime, I wouldn't worry- the LA could decide he needed a statement, but I would think they are likely not to bother as you are already home educating.
But if they did-the statement can only relate to the provision that would be needed if your DS was in school. It simply doesn't apply to home ed. They can't make you adhere to it.
And even if they do put a statement in place they might say they have a duty to review it annually-but they can't even make you attend the review.
So there would be little point but extra expense for them to do this.
Unless you asked for it-but tbh I can't see the point.
We got DD2 out before she ended up with a statement-but as we were in dispute with the LA for a while, fighting for one (before we knew about home ed) they were fully aware that their own ed pysch thought she needed one, but they have never tried to put one in place since we have been home educating.
TBH if they had, I would have smiled and told them to get on with it as it would be irrelevant to us, and when it came to review time, I'd have said "review away, we are not interested in attending"
And of course they also know we have autonomously educated for years with no formal work and they the children have never agreed to meet with them or to show any work.
Instead they accept that we provide a suitable efficient education from our ed phil and written report.
But do join that email support list-you'll find other like minded people who have been in a similar posostion-and I'll see you there!