Statements

Statutory information

Quotes extracted from chapter eight of the Code of practice: statements of special educational needs

'Where, in the light of a section 323 assessment, it is necessary for the Local Authority (LA) to determine the special educational provision which the child’s learning difficulty calls for, the LA shall make and maintain a statement of his or her special educational needs.'
See section 324(1), Education Act 1996

Writing a statement
Naming a school
Residential placements
Consultation before naming a maintained school in a statement

Writing the statement

'Where an LA, having made an assessment of a child, decide to make a statement, they shall serve a copy of a proposed statement and a written notice on the child’s parent within two weeks of the date on which the assessment was completed.'
See schedule 27, Education Act 1996 and the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001

Guidelines for statutory assessment (word)
Guidance on requesting statutory assessment for all areas of need.

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Naming a school

'Parents may express a preference for the maintained school (but not a Pupil Referral Unit or hospital special school) they wish their child to attend, or make representations for a placement in any other school. LAs must comply with a parental preference unless the school is unsuitable to the child’s age, ability, aptitude or special educational needs, or the placement would be incompatible with the efficient education of the other children with whom the child would be educated, or with the efficient use of resources. LAs must consider parental representations and arrange any meeting(s) with LA advisers or officers the parents seek, before issuing the final statement.'
See schedule 27, Education Act 1996

'Unless a parent indicates that they do not want their child educated in a mainstream school (whether by expressing a preference or making a representation for a particular school or otherwise) an LA must ensure that a child is educated in a mainstream school unless that is incompatible with the efficient education of other children.'
See section 316, Education Act 1996

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Residential placements

'The LA must inform the social care department in the area where the child’s family resides or the social care department in the area of the residential school.'
See section 85, Children Act 1989

'Where a child is looked after and the social care department propose to place the child in an educational setting they shall, as far as is reasonably practicable, consult the appropriate LA before doing so.'
See section 28, Children Act 1989

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Consultation before naming a maintained school in a statement

'A local education authority shall, before specifying the name of any maintained school in a statement, consult the governing body of the school, and if the school is maintained by another local education authority, that authority.

'The LA must serve a copy of the proposed statement or amended statement, or of the existing statement and the amendment notice to the school (s) whom they are consulting, and if the school is maintained by another local education authority, that authority.'
See schedule 27, Education Act 1996

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