You can ask our solicitors for advice on special needs education using the question box on the front of our website or the following article may answer your questions. 

Children who require Special  Needs  Education should be given the support that they need in order to succeed in education. In terms of the law, Special Needs Education is required when a child has a disability which impairs their learning. Typical disabilities include a hearing, visual, speech or language impairment.

There are three main levels in terms of Special Needs Education including:

• School Action – Teachers will provide the child with suitable support as part of their day to day duties
• School Action Plus – The school has to recruit specialist help from a partner agency to help children progress in school
• Statutory Assessment – Intervention from an educational psychologist or other professional to assess the level of support that the child needs.

Teaching staff are encouraged to provide both steps first before they proceed to a statutory assessment. In order to obtain a statutory assessment the teacher will need to submit an application to the Local Education Authority. If a statutory assessment is required, the school must write to the Local Education Authority or the request can be sent through the school’s Special Educational Needs Coordinator if they have one.

Special Needs Process

The school should be issued with the name of the officer as a point of contact at the LEA who will keep them updated of progress. The first stage in the process to obtain a statutory assessment would be to provide the Local Education Authority with evidence that the school has taken all reasonable steps to provide sufficient support for the child, but this support has not proved beneficial for the child.

This evidence should include a number of things including the school’s needs assessment, a statement of measures to explain what steps the school has already taken to meet the needs of the student, a report to outline the academic achievement and progress of the student as well as the child’s development in relation to behavioural, emotional and social aspects.

Including Professionals

The last piece of evidence that the school will need to provide includes expert reports from professionals such as an educational psychologist or specialist teacher. The process involved in obtaining a statutory assessment could take as long as six months. In the meantime the child should be supported as effectively as possible.
Once the LEA have reviewed all of the evidence they will make a decision.

This can either be to award a statutory assessment if they decide that it would be beneficial for the child, or the child’s needs are sufficiently addressed under existing support that is in place. The professionals will then carry out the assessment before reaching a decision.

This may mean that the child requires a statement of Special Educational Needs or they may conclude that no further measures are required.

Special Needs Education Statement

If it is decided that a statement would be beneficial, the Local Education Authority will draft a statement of the child’s educational needs and the conditions which will be required to achieve this. A Statement of Special Educational Needs will be reviewed on an annual basis.

When the child reaches the age of 14 years, they will be re-assessed and a transition plan worked out to effectively prepare the child for adult life. The plan will be reviewed each year until the child leaves school.

If you have identified that your child is struggling at school due to an issue such as ADHD, but the teacher maintains that the school does not have sufficient resources to support your child properly, you can ask for a statutory assessment. The school cannot in a legal sense refuse to provide adequate support for your child. If the assessor is of the opinion that the case warrants further action, they may grant what is known as a Special Educational Needs Statement which requires the LEA to provide the necessary resources.

Local Authority

The Local Authority can refuse to grant a statement or make an assessment, but if they do you have the right of appeal at an independent tribunal known as the Special Educational Needs and Disability Tribunal (SENDIST). If you disagree with what the statement says or if the LEA fail to follow through on their obligations you can appeal the tribunal.