Statutory Assessment and Statements of Special Educational

Needs in the Early Years: A Guide for Parents and Carers

The purpose of this booklet is to help you understand what statutory assessment means for you and your child

Special Educational Needs in Suffolk

The purpose of this booklet is to help you understand what statutory assessment means for you and your child

Statutory Assessment and Statements of Special Educational

Needs in the Early Years

What is statutory assessment?

Statutory assessment is a very detailed assessment of your child that will include reports from a variety of people, for example, you, teachers, an educational psychologist and others who work with or support your child. This assessment will identify your child’s needs and any special help that is needed.

When will a statutory assessment be carried out?

The Code of Practice is very clear in its advice that most children with special educational needs should be supported in their education through Early Years Action and Early Years Action Plus. However for a very small number of children with severe, complex and long term needs, the LA will need to determine what support may be needed. This is when statutory assessment will be requested.

A request can be made even if your child has not been

supported through Early Years Action or Early Years Action Plus if:

your child suddenly demonstrates significant difficulties. For example, a major hearing or sight loss which, without immediate specialist help, will lead to increased learning difficulties;

there is a sudden significant change in your child’s needs; your child is under 2 years or not attending a pre-school or

nursery which is approved to provide grant funded early education

Who can request a statutory assessment?

A request is normally made by the Advisory Teacher for Young Children with Special Educational Needs or the early education setting when there are concerns about the progress your child is making with the support available at Early Years Action Plus. If an Educational Psychologist or Portage Worker supports your child, they can also request a statutory assessment. This request will only be made after they have talked with you.

When a request has been made, the Local Authority (LA) will write and ask whether you agree and also whether you would like to send in any supporting information. You will be asked to provide this information within 29 days.

Can I request statutory assessment?

Yes, as a parent you can request statutory assessment if you feel that your child’s needs are not being met through Early Years Action Plus. It is a good idea to discuss this with your child’s early years education setting first. You may also wish to talk it through with Suffolk Parent Partnership Service or another organisation (See leaflet titled Support and Information: A guide for parents and carers).

If the request for statutory assessment is made by you the LA will write to:

your child’s early years setting and ask for any information about his or her needs;

ask if you have any further information, which may include reports from other agencies; and

other agencies to notify them that they may be asked for advice on your child.

What happens after the request for statutory assessment?

The decision about whether to carry out a statutory assessment will be based on all the information sent into the LA. Therefore it is very important that good quality information is provided. In

the majority of cases the LA should make a decision about making a statutory assessment within 6 weeks of receiving the request.

After considering all the information supplied, the LA may decide that:

your child’s special educational needs can continue to be met appropriately through the support available at Early Years Action Plus. Statutory assessment will not proceed; or

more detailed information is required about your child’s special educational needs. The LA will proceed with statutory assessment.

You will be notified in writing of the decision.

What if it is decided that my child can be supported at Early Years Action Plus?

If the LA decide not to start a statutory assessment, you will be:

offered an opportunity to talk things through with the LA. This may help you to understand why a decision has been made and may also help you to understand how your child’s

special educational needs will be met by the early education setting;

informed that you have a right to appeal to the Special Educational Needs and Disability Tribunal;

You may also contact Suffolk Parent Partnership Service if you would like to talk to someone who is not involved in the case. They will be able to listen to your concerns and help you explore a range of possible options. (Contact details are found at the end of this leaflet.)

What if it is agreed that a statutory assessment should be carried out?

When you are told of the decision to proceed with statutory assessment you will be told about your child’s special needs officer, who will be able to discuss and help you with any part of the statutory assessment process.

At this time you will be asked whether:

you want to provide the LA with more detailed written information. Your involvement is important because you know your child best (see leaflet Working in Partnership: A Guide for Parents and Carers)

you would like to choose from a range of support and information available such as:

contact with a voluntary organisation (See Suffolk Parent Partnership Service Telephone Helpline Card)

a place on Suffolk Parent Partnership Parent Support Programme. You can meet other parents, gain information, support and develop skills to use within your family and with the staff who work with your child

a friend or someone from a voluntary organisation to act as an Independent Parental Supporter. (See leaflet Support and Information: A Guide for Parents and Carers).

Who will assess and/or provide information about my child?

If your child has an assessment you can ask for this to take place where you and your child feel most comfortable. You have the right to see any written reports.

During the assessment, information is collected from:

you and your child your child’s early years setting and/or Advisory Teacher for

Young Children with SEN

an Educational Psychologist health professionals such as Doctor, Occupational Therapist,

Speech and Language Therapist, Physiotherapist or Health Visitor

Children and Young People’s Services (Vulnerable Children) other people you think would be useful

What happens when all the information has been collected?

When all the information has been received and considered by the LA, they will either: write to you explaining their reasons for not issuing a

statement of special educational needs and issue a note in lieu; or

issue a proposed statement.

The process of gathering all the information and drafting a statement or note in lieu should be completed within ten

weeks, excluding summer holidays.

What is a Note in Lieu?

A Note in Lieu will be produced if it is considered that your child’s special educational needs can be met by Early Years

Action or Early Years Action Plus. It should set out the reasons for the LA’s decision with supporting evidence from the statutory assessment. This information can be used to plan how best to meet your child’s needs in the setting.

You have a right to appeal to the Special Educational Needs and Disability Tribunal if you do not agree with the LA. You will receive information about the time limits in making an appeal (see leaflet titled Reaching Agreement: A guide for parents and carers).

What is a statement of special educational needs?

A statement of special educational needs is a legal document that identifies your child’s needs and the provision required to meet these needs.

A statement is set out in six parts.

Part 1 gives your own and your child’s name, address and other details.

Part 2 gives details of your child’s special educational needs as identified during the assessment.

Part 3 describes: the long term learning objectives for your child the support the LA thinks your child should receive to

meet their needs and the learning objectives

the arrangements to be made for setting short term targets and for regularly reviewing your child’s progress towards those targets.

Part 4 names the early education setting where the support will be made or the LA’s arrangements for support if this is not to be in a setting.

Part 5 gives details of the relevant non-educational needs your child may have as agreed between the health services, CYP (Vulnerable Children) or other agencies and the LA.

Part 6 describes how your child will get the help required to support their non-educational needs.

What happens when a statement has been prepared for my child?

Before you receive the final statement, the LA will send you the proposed statement including copies of the reports that were considered during statutory assessment.

It will not name an early years setting in Part 4. Normally your child will continue to be educated in their local placement. However, you have a right to express a preference for a particular setting, and the LA must name your preferred setting providing that:

The early years setting is suitable for your child’s age, ability and aptitude and the special educational needs identified in Part 2 of the statement

The placement is compatible with the education of other pupils in the setting

The placement is an efficient use of the LA’s resources

There are places available in the setting and the application meets the admissions policy of the setting.

You will be asked to give the name of the early education setting you would like your child to attend and approve the proposed statement within 15 days.

If you have any questions or concerns about the proposed statement, you can discuss these with the Special Needs Officer. You can ask for more time to consider your response before returning the proposed statement.

When will my child’s statement of special educational needs be finalised?

If you agreed with the proposed statement you should receive the statement within 8 weeks of the proposed one.

If you have not been able to reach an agreement, the LA will finalise the statement. You can appeal to the Special Educational Needs and Disability Tribunal. Details of your right to appeal will be sent to you with the statement of special educational needs.

So how long will it take from the request for statutory

assessment to the issue of the completed statement of

special educational needs?

The LA considers the request and decides: yes or no

to statutory assessment

The LA makes an assessment and decides whether to:

Make a statement or not make a statement

2 weeks The LA:

Issues the proposed statement Explain their decision not to make a

statement and send a note in lieu.

8 weeks The LA: Sends out the final statement

Does it ever take longer than 26 weeks?

There may be exceptions to the recommended timescales and these are listed opposite.

6 weeks

10 weeks

Total = 26 weeks

(a) The LA may take longer than six weeks to decide whether they will or will not make a statutory assessment when:

educational advice is requested during a period beginning one week before any date in which the early education setting is closed for more than 4 weeks (for example summer holidays)

there are exceptional family circumstances, such as illness or bereavement

you or your child may be away from the area for more than 4 weeks

(b) The LA may take longer than ten weeks to make

an assessment when:

in exceptional circumstances, it receives advice requested but it is necessary to seek further information

you want to provide advice for an assessment more than 6 weeks after the date on which the LA’s request for advice was received

the LA requests educational advice during a period beginning one week before any date in which the early education setting is closed for more than 4 weeks (for example summer holidays)

there are exceptional family circumstances, such as illness or bereavement

you or your child are or may be away from the area for more than 4 weeks and your child is unable to keep appointments arranged

advice and reports from Health or CYP (Vulnerable Children) are not received in the 6 week period.

Health and CYP (Vulnerable Children) need not comply with the time limit during this 6 week period if it is impractical to do so because:

exceptional circumstances affect you or your child you or your child are away from the area for a

continuous period of not less than 4 weeks your child fails to keep an appointment for an

examination or a test made by the Health Authority or CYP (Vulnerable Children)

(c) The LA may take longer than eight weeks to issue

the completed statement when:

there are exceptional family circumstances, such as illness or bereavement

you or your child may be away from the area for more than 4 weeks

having received a proposed statement, you want to make representations about the content of the statement after the 15 day period allowed for discussion

the LA have sent a written request to the Secretary of State seeking consent to the child being educated at an independent setting which is not approved by him/her, if such consent has not been received by the LA within two weeks of the date on which the request was sent

What if my child moves to another early education setting or moves into school?

When your child moves setting or into school, the statement should be amended in Part 4 to name the new setting or school, indicating the date on which the child will move there. You will be sent a notice of amendment, which sets out the changes to the statement that are being suggested. You will be able to appeal if you are unhappy about the changes to the statement and cannot reach agreement with the LA (see leaflet entitled Reaching Agreement: A guide for parents and carers).

NOTES

NOTES

Designed and printed by Suffolk Design & Print, Saxon House, 1 Whittle Road, Hadleigh Road Industrial Estate, Ipswich IP2 0JB

Tel 01473 260600

For more information, please contact:

Suffolk County Council Parent Partnership Service

Endeavour House 8 Russell Road, Ipswich IP1 2BX

Telephone: 01473 264698 01473 264699

Monday - Friday 9am-5pm

Email: parent.partnership@suffolk.gov.uk

Website:www.suffolk.gov.uk/parentpartnership