Overview of law covering the disclosure of your child's statement of Special Educational Needs, as well as maintaining and amending the statement.

SEN Code of Practise 2001 Statements

Keeping, Disclosure and Transfer of Statements

A statement must not be disclosed without the consent of the parents or if the child is over 18, except for statutory purposes or in the interests of the child.

Statutory purposes could be for example:

• "Disclosure to SEN Tribunal
• "Complaint to secretary of state
• "Disclosure to OFFSTED inspection teams.

The interests of a child could include:

• "Information to the child's school and teachers
• "School governing bodies, who should bear in mind the need for confidentiality
• "Other agencies that may be referred to in the statement.

When the responsibility changes from one LEA to another, the old LEA must transfer the statement to the new one, upon transfer the new LEA becomes responsible for maintaining the statement and for providing any provisions specified. The duty to maintain the child in the school specified in Part 4 also transfers to the new LEA. They may though place the child temporarily at another school if it's appropriate and sensible to do, for instance if it's too far between the child's new home and school prior to the statement being amended.

If changing LEA's, they may on transfer of the statement bring forward any arrangements made for an annual review and may conduct a new assessment, regardless of when the previous one took place. They must inform parents within 6 weeks of the date of transfer when they will review the statement and whether they propose to make another assessment.

When a child moves to Northern Ireland or Scotland, the LEA should send a copy of the statement to the New Authority or board, and if the move is to Wales the statement must be transferred.

Maintenance of a Statement of Special Educational Needs

When the statement is made the LEA should tell the "responsible person" in a maintained school, and the Head Teacher in all other schools and early education settings. The child's SEN must be made known to all who teach them. Schools should ensure that teachers monitor and informally review the child's progress during the course of the year. Teachers should use both the normal curriculum and pastoral monitoring arrangements for all pupils as well as writing IEP's as appropriate. It is important that if a child's SEN needs change, a review is held as soon as possible to ensure the provision specified in the statement is still appropriate.

Ceasing to Maintain the Statement

Once a statement of Special Educational Needs has been made, it does not mean that it will be maintained indefinitely. But a decision to stop maintaining it should be made only after careful consideration of all the circumstances and close consultation with parents. The LEA should consider the results of the annual reviews and whether the child's needs can be met in future within the school's resources, without the need for continuing LEA oversight. They should also consider, in spite of any achievements of some or all of the objectives of the statement, if the child's progress will be halted or reversed if the special educational provision was stopped.

The LEA may consider the following when deciding if it is necessary to maintain a statement:

1. Have the objectives of the statement been met
2. Can the child's needs be met in future by the school's resources
3. Do the child's SEN needs no longer significantly impede access to the national curriculum
4. Does the child no longer require daily adult supervision or substantial adaptation of teaching materials to access the national curriculum fully?
5. Can the child cope with everyday interaction at school
6. Has the child no significant self-help difficulties that require more provision than is normally available within the school

Once again, if the LEA make the decision to stop maintaining the statement, they must notify the parents of their right to appeal, time limits, parent partnership and disagreement resolutions services. The LEA must always explain the reasons for their decision and ensure parents receive copies of any evidence that led to their decision. It is also good practice to offer a meeting to explain and discuss the provision the child will receive once the statement ceases. Such a meeting should be held before the statement and the provision actually stops. Provision must be maintained if parents lodge an appeal to the SEN Tribunal and until the Tribunal makes its decision.

A statement will automatically lapse when the young person moves onto higher/further education. Meaning, if the young person, the parents, the LEA and the further education institution are all in agreement about the transfer of the young person, there would be no need to formally stop the statement as the pupil will no longer be the LEA's responsibility.