Statutory Assessment involves the LEA, working co-operatively with parents, the child's school and other agencies, as appropriate, deciding whether a statutory assessment of the child's educational needs is necessary. If so, the assessment is conducted in close collaboration with the parents, schools and other agencies. Statutory assessment does not always lead to a statement.

The LEA will seek evidence from the school that strategies and programmes implemented over a period of time have been unsuccessful. The LEA will need information about the child's progress over time and clear documentation on the child's SEN and the action taken to deal with these needs.

Evidence needed for Statutory Assessment

The school should provide:

• the action taken through School Action and School Action Plus;
• individual education plans for the pupil;
• record of regular reviews and their outcomes;
• the pupil's health, including medical history where relevant;
• National Curriculum levels;
• evidence of progress over time;
• attainments in literacy and mathematics;
• educational and other assessments, for example from an advisory specialist, support teacher or educational psychologist;
• views of the parents and child;
• evidence of the involvement of other professionals, social services or the education welfare service.

The description of the child's learning difficulty and progress, with information about any specialist provision made, will form the basis on which the LEA considers the necessity of a statutory assessment.

If the LEA support services, in particular the educational psychologist, have been involved, the LEA should be able to make a decision relatively quickly as to whether a statutory assessment is necessary.

In the meantime, and while any assessment is being made, the child should be supported through School Action Plus.

Once Assessment Has Been Done

When the LEA has completed its assessment of a child, it will decide whether to issue a statement. Provision will normally be quantified (eg. in terms of hours of provision and staffing arrangements) although there will be cases where some flexibility should be retained, in order to meet the changing special educational needs of the child concerned.

The school must provide:

• appropriate facilities and equipment, staffing arrangements and curriculum;
• any modifications to the application of the National Curriculum;
• appropriate exclusions from the application of the National Curriculum and changes needed to maintain a broad and balanced curriculum.

All children with a statement should have short-term targets set out in an IEP, prepared by the SENCO with support from the external agencies and you, as the class teacher.

Where the LEA declines to provide a statement the school may request a reassessment after six months. Parents also have a right to appeal against the decision to the SEN tribunal

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