Statementing Process - Children with Special Educational Needs (SEN)

The statementing process takes time and it's complicated. Here's what to expect:

  • Firstly your child will need to be assessed to determine his or her special educational needs and what special help he or she needs. This assessment is only required if your child's school or nursery cannot provide the help that he or she needs.
  • When the request to assess your child for SEN is made, your LEA will have 6 weeks to decide if they will carry out an assessment. During that time you will have the chance to put forward your views as to why you feel your child needs a Statement of SEN.
  • After 6 weeks your LEA will tell you whether or not they will carry out an assessment: if the LEA decides NOT to carry out an assessment and you disagree with that decision you have the right to appeal. There are strict time limits to appeal at this stage so seek professional advice as soon as possible.
  • Alternatively you will be informed that the LEA will carry out an assessment to see if your child is entitled to a Statement of SEN.
  • Within 12 weeks of beginning the assessment the LEA has to let you know whether or not they will write a Statement. Again, you have the right to appeal at this stage if you disagree with the decision.
  • If a Statement of SEN is to be prepared, you will receive a 'proposed statement' and be asked for your views. If you are unhappy at this stage it is a good idea to seek professional advice for your best chance of success.
  • You will only have 15 days to comment on the proposed statement and to say which school you want your child to go to. You can ask for a meeting with your LEA at this stage, which allows you another 15 days to make any more comments.
  • You should receive your final Statement of SEN within 8 weeks of the proposed statement. If you disagree with the Statement of SEN you have the right to appeal no later than 2 months after the decision.

The Statement of Special Educational Needs process normally takes 6 months.

It is a draining time as you fight for the best outcome for your child.

Having Education Law specialists like Maxwell Gillott on your side from the start will give you the best chance of success.

SEN helpline: 0808 129 3320

Get 30 minutes free legal advice!

To find out more about how we can help you, please contact Maxwell Gillott Solicitors