Schools, early years and childcare

This is a detailed investigation to find out exactly what a child’s special educational needs are and what special help a child needs. A statutory assessment is only necessary if the school or early education setting cannot provide all the help that a child needs.

When a parent, early education setting or school asks Medway Council to carry out a statutory assessment, it normally has six weeks to decide whether to do so. It will consider very carefully the child’s progress at school and the guidance in the SEN Code of Practice. The council will also listen to the views of the parent and those of the child’s school about the child’s special educational needs. The school or early education setting will tell the council about any special help they have already given to the child.

A child’s school or early education setting can ask Medway Council to carry out a statutory assessment. This should be discussed with the child's parents before asking the council to carry out the assessment.

If a parent feels that a child’s school or early education setting cannot provide all the extra help needed or the child is not making enough progress and so is falling further behind other children of the same age, parents can ask the council to carry out a statutory assessment.

Parents should always talk to the child’s teachers or the Special Educational Needs Co-ordinator (SENCO)/Inclusion Manager at the school before asking the council. The school can help parents to write to the council or parents can ask the local parent partnership service or a voluntary agency for help.

Who may need a statutory assessment?

Very few children need a statutory assessment. If the council carries out an assessment, it will ask a number of professionals to give their views on the child. These could be:

• staff from the child’s school or early education setting;
• an educational psychologist;
• a doctor;
• staff from the council's Children and Adults Directorate (who will only give advice if they know the child);
• anyone else whose advice the council considers appropriate.

Parents have the right to be present at any interview, medical or other test during the statutory assessment but sometimes the professionals may ask to see the child without them. Children sometimes behave differently when a parent is present.

Parents will also be asked for their views again – this is separate from asking whether a parent thinks their child should be assessed.

Parents should feel free to suggest any other people or organisations they know whose views may be helpful in the assessment of the child. Medway Council may then ask for their views. Parents may also send the council any private advice or opinions collected about the child and these will be taken into account as part of the assessment.

Parents' views are very welcome and they should feel free to ask questions at any time. The parent partnership service or a council officer can help them.

The council will help parents to think about how to give their views. There may be guidelines to help parents take part in a child’s assessment. It is important that parents get as much advice and support as they need. Parents may want to consider asking:

• the local parent partnership service;
• voluntary organisations working with children and young people;
• other parent support groups.

The assigned caseworker at Medway Council will help to explain the assessment process and may be contacted during office hours.

To help it carry out the assessment quickly, the council may give parents a deadline to provide their views. The council will advise parents if this is the case and the time allowed for a response will be at least 29 days. The statutory assessment should take 26 weeks from start to finish. There are some exceptions to this timetable when the overall time may be longer than 26 weeks. If this is likely, the council will advise parents of the reason for the delay.

The council may also ask what the child thinks about their special educational needs. This can play an important part in the council’s assessment. If the child needs help to give their views to the council, the parents, a teacher or another professional can help.

What happens after the assessment?

Once the council’s Special Educational Needs (SEN) officers have collected all the advice and comments about a child’s educational needs, they will decide whether to make a Statement of SEN for that child.

A statement of special educational needs sets out a child’s needs and all the special help they should have.

After the assessment, the council may decide it is necessary to write down all the information it has collected in a document called a Statement of Special Educational Needs (usually called a Statement).

If the council decides not to make a statement, it will explain its reasons and advise the parents how it thinks the child’s needs should be met in school, in an early education setting or in any other way.

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