The law and statementing: process, tribunals and deadlines
Some parents may feel that their child requires additional support in school. This can be provided by the school through a programme known as School Action. It can also be provided by the school with the assistance of external specialists, such as speech and language therapists, through School Action Plus.
If your child needs more support than is ordinarily available at a mainstream school they may be entitled to a statement of special educational needs (SEN). In order for a child to receive a statement, they must first be assessed by the local authority where the family lives.
Both parents and the child’s school have a right to request an assessment of need. The local authority has six weeks from receiving this request to decide whether to assess or not. If the local authority decides that an assessment is needed they should complete this within 10 weeks, and the following people should be asked for their opinion:
- Parents
- School
- Educational psychologist
- Social services (if involved)
- Medical professionals.
You can also ask the local authority to contact other professionals who may be involved with the child, and the authority will decide whether it is necessary to do this.
Once the assessment has taken place your authority must decide whether to issue a statement. If they decide to issue a statement a copy should be sent out within two weeks.
You will usually be asked to comment on this draft or proposed statement and to formally notify the local authority of the school you wish your child to attend. Local authorities usually ask for this information to be provided within 15 days.
Ordinarily the local authority has eight weeks from the issue of the proposed statement to finalise the statement.
If the local authority refuses to assess your child, or if they assess but refuse to issue a statement, or if you are not happy with either the school named in the final statement or the provision detailed in the final statement, you can appeal to an independent tribunal –
the Special Educational Needs and Disability Tribunal (external website).
All appeals must be lodged within two months of the date on the covering letter informing you of your appeal right. You should also be given an appeal right following each annual review of your child’s statement of special educational needs.
First published: Wednesday 6 June 2012
Updated: Thursday 5 July 2012
