Special Educational Needs

1. A child who has special needs should get extra assistance at school if they have significantly more difficulty learning than other children of the same age or have a disability which affects how they can use educational facilities that are usually provided for children of the same age in the same area.
2. A learning difficulty can be the result of, for example:

a) a disability;

b) behavioural problems;

c) problems in learning to read.

Your child does not have a special need just because the language they speak at home is different from the language used at school.

1. In most cases, the school should decide what help children with learning difficulties need. Children who have significant difficulties will need what is known as, “A Statutory Assessment” from their Local Education Authority. If you think your child has learning difficulties you can ask for such an assessment to be carried out.
2. A Statutory Assessment is carried out by the Local Education Authority. There is a legal process which the Local Education Authority must follow to decide if your child does need a Statutory Assessment. If they refuse to assess your child you can appeal to a special Educational Needs Tribunal.

If the Local Education Authority decides that your child needs an assessment, they must ask for reports on your child including those from:

a) you

b) a doctor;

c) an Educational Psychologist; and

d) the school.

1. You have the right to be present at any examination of your child. If you refuse to let your child be examined by a health or educational professional, the Local Education Authority might take you to Court to compel you to do so.
2. Your own report on your child can include your opinions and experiences and reports by other professionals who may have seen your child.
3. The local authority must then decide whether your child does need the type of help that they can only obtain through, “A Statement of Special Educational Needs.”
4. A Statement of Special Educational Needs is a legal document produced by the Local Education Authority which sets out:

a) your child’s learning needs;

b) the help they should receive to meet those needs.

The help must normally be described in full detail. The Statement must also specify where your child will be educated although this may continue to be at the school which your child is already attending. Indeed, most children with Statements are taught in ordinary schools.

1. You have the right to appeal to a Special Educational Needs Tribunal if you do not agree with what the local authority has decided for your child in the Statement. In particular, you can appeal if:

a) the local authority won’t give your child a Statutory Assessment or Re- assessment when you have asked for one;

b) the local authority won’t give your child a Statement, after they have carried out a Statutory Assessment;

c) you don’t agree with what the Statement says about your child’s special educational needs or the special educational help they should have;

d) the Local Education Authority has not named the school in the Statement that your child should go to;

e) you don’t want to send your child to the school named;

f) the Local Education Authority won’t change the school named in the Statement after you say you don’t want to send your child there;

g) the Local Education Authority does not change your child’s Statement after they have re-assessed them; or

h) you don’t agree with the Local Education Authority’s decision not to continue your child’s Statement.

1. Many schools have their own complaint’s procedure and you may wish to consider following this. However, you may also, if your complaint has not been dealt with properly and the matter is serious, take your complaint to the Secretary of State for Education. You may also complain to the Local Government Ombudsman about decisions of education authorities, admissions appeals panels or exclusion appeals panels. However, the Local Government Ombudsman can only deal with maladministration which, may include, an organisation failing to follow its own procedures or an organisation taking too long to do something. Going to the Ombudsman cannot simply be used as an additional right of appeal.
2. If you do wish to appeal then you should definitely take legal advice first, and as soon as possible. The Law Centre will, in principle, assist parents with appeals regarding special educational needs, depending on the circumstances of the case and the resources of the Law Centre.

Although every effort is made to ensure the information in this leaflet is accurate and up to date, it should not be treated as a complete and authoritative statement of the law and does not constitute legal advice - we cannot be held liable for any inaccuracies and their consequences. The information in this leaflet is written for people resident in, or affected by, the laws of England and Wales only.

June 2003