Schools, early years and childcare

A statement will describe a child’s special educational needs (SEN) and the special help that child should receive. Medway Council will usually make a statement if it decides that all the special help a child needs cannot be provided from within the school’s resources. These resources could include money, staff time and special equipment and usually, in Medway, attendance at facilities which can deliver specialist provision.

A statement of SEN is set out in six parts:

Part one gives the parents' and child’s name and address and the child’s date of birth, home language and religion. It also lists all the advice the council received as part of the assessment.

Part two gives details of all of a child’s SEN as identified in the statutory assessment.

Part three describes:

• all the special help that the council thinks a child should get to meet the needs listed in part two;
• the long-term aims of the help being given;
• the arrangements for setting short-term goals, regularly reviewing a child’s progress towards those goals and the method of monitoring a child’s progress.

Part four tells parents about the school the child will attend to get the special help set out in part three or arrangements for help to be provided out of school hours or off school premises.

Part five describes any non-educational needs a child has, as agreed between the council and the health service or other agencies.

Part six describes how a child will get help to meet the non-educational needs described in part five.

The council must send, with the statement, copies of all the advice it gets from the parents and from other people and organisations during the statutory assessment.

What happens once a statement has been prepared?

Before the council’s SEN officers write a final statement, they will send the parents a proposed statement – that is a draft of the statement. All the parts listed above will be filled in, except part four (describing the type and name of the school) which will be left blank.

The council will also send parents a letter telling them how they can give their views on the proposed statement before it is finalised. Parents' views will be welcome. Parents may want to consider getting more help and support at this stage.

Parents have 15 days to comment on all parts of the statement and to say which state school or non-maintained special school or independent school they want their child to go to.

Parents can ask for a meeting with the council to discuss the proposed statement. After this meeting, parents have another 15 days to ask for more meetings with the council. Within 15 days of the last meeting with the council, parents can send in any more comments they have and the council will consider them. If parents would like more time to comment, they can talk to the assigned caseworker.

When will the council make the final statement?

Usually, the council must make the final statement within eight weeks of the draft statement. It will send the parents a copy of the statement and it will have part four filled in with the name of a school.

The statement comes into force as soon as the council makes it. The school’s governors must do their best to make sure that the child gets the special educational help set out in the statement.

What if the council decides that a child does not need a statement?

After the assessment, the council may decide that the child’s school can provide special help without the need for a statement. The council will usually tell parents of this decision within 12 weeks of starting the statutory assessment. statutory assessment. Even if it decides not to make a statement, it should share what it has learned with the parents and the child’s school. The council may then draw up a note in lieu of a statement.

Even if the council does not make a statement, it can send parents and the school copies of all the advice it received from parents, other people and organisations during the statutory assessment.

What if parents disagree with the council’s decision?

If parents think that the council’s decision is wrong and that a statement should be made for their child, they should first talk to the council and the school. Parents also have the right to ask the council for informal resolution of the disagreement and a right to appeal to the SEN and Disability Tribunal. Parents can talk to their local parent partnership service about these options.

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