"5:64 By the time the head teacher considers asking for statutory assessment of a child?s
special educational needs, the school should be able to provide written evidence of or
information about:
the school?s action through School Action and School Action Plus
individual education plans for the pupil
records of regular reviews and their outcomes
the pupil?s health including the child?s medical history where relevant
National Curriculum levels
attainments in literacy and mathematics
educational and other assessments, for example from an advisory specialist
support teacher or an educational psychologist
views of the parents and of the child
involvement of other professionals
any involvement by the social services or education welfare service."
"7:13 When making a request for a statutory assessment, the school or setting should state
clearly the reasons for the request and submit the following evidence:
the views of parents recorded at Early Years Action and Early Years Action Plus
or School Action and School Action Plus
the ascertainable views of the child
copies of IEPs at Early Years Action and Early Years Action Plus or School
Action and School Action Plus
evidence of progress over time
copies of advice, where provided, from health and social services
evidence of the involvement and views of professionals with relevant specialist
knowledge and expertise outside the normal competence of the school or
setting
evidence of the extent to which the school or setting has followed the advice
provided by professionals with relevant specialist knowledge."
"7:34 In deciding whether to make a statutory assessment, the critical question is whether there
is convincing evidence that, despite the school, with the help of external specialists,
taking relevant and purposeful action to meet the child?s learning difficulties, those
difficulties remain or have not been remedied sufficiently and may require the LEA to
determine the child?s special educational provision. LEAs will need to examine a wide
range of evidence. They should consider the school?s assessment of the child?s needs, including the input of other professionals such as educational psychologists and specialist
support teachers, and the action the school has taken to meet those needs. LEAs will
always wish to see evidence of, and consider the factors associated with, the child?s
levels of academic attainment and rate of progress. The additional evidence that
authorities should seek and the questions that need to be asked may vary according to
the child?s age and the nature of the learning difficulty."
"7:49 In the light of evidence about the child?s learning difficulty, LEAs should consider the
action taken and, in particular, should ask whether:
the school or setting has, in consultation with outside specialists, formulated,
monitored and regularly evaluated IEPs and whether the child?s progress, measured
by criterion referenced or standardised tests, continues to be significantly and
consistently less than that which may be expected for the majority of children following
such programmes
the school or setting has sought the views of, and involved, the child?s parents
the school or setting has actively sought the views of the child, as appropriate to their
age and understanding
the school has, where appropriate, utilised structured reading and spelling
programmes, and multi-sensory teaching strategies to enhance the National Literacy
and Numeracy Frameworks
the school has explored the possible benefits of, and where practicable, secured
access for the child to appropriate information technology ? for example word
processing facilities (including spell-checkers), overlay keyboards and software,
specialised switches and provision of training in the use of that technology for the
child, their parents and staff ? so that the child is able to use that technology across
the curriculum in school, and where appropriate, at home
the school has implemented its policy on pastoral care and guidance and sought
external advice to meet any social, emotional or behavioural difficulties
the school or setting has, with the parents? consent, notified and sought the
assistance of the school doctor and/or the child?s general practitioner, as appropriate.
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Chapter 7: Statutory Assessment of Special Educational Needs
7:50 Where the balance of evidence presented to, and assessed by, the LEA suggests that the
child?s learning difficulties:
have not responded to relevant and purposeful measures taken by the school or
setting and external specialists
and
may call for special educational provision which cannot reasonably be provided within
the resources normally available to mainstream maintained schools and settings in the
area,
the LEA should consider very carefully the case for a statutory assessment of the child?s
special educational needs."
This is all from the SEN code of practice.
Lack of evidence is not in itself a reason to refuse to assess. However, in a child of school age, you need to be able to show that the school have taken measures to help the child, and that those measures are not working. Also, you may find that the LA looks at the help school have been giving your DS, and decide that they have been giving insufficient help, or the wrong help. In that situation, they could refuse to assess, and say "the school needs to do this". Then, they would have to wait another 6 months before another request to assess.