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
- 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: 0845 388 0108
Get 30 minutes free legal advice!
To find out more about how our special educational needs team can help you,
please contact us