Explanation of how to request an Assessment of Special Educational Needs for your child with ADHD and the subsequent process.

SEN Code of Practice 2001 Statutory Assessment

According to the Education Act 1996 Chapter 54 a child has learning difficulties if:

1. he has a significantly greater difficulty in learning than the majority of children his age
2. He has a disability which either prevents or hinders him from making use of educational facilities of a kind generally provided for children of his age in schools, within the area of the local education authority.
3. He is under the age of 5 and is, or would be if special educational provision were not made for him, likely to fall within the above (a) & (b) when of or over that age.

For your information a child includes any person under 19 that is still a registered pupil in his school.

Requesting an assessment

In order to get a Statement of Special Educational Needs there first needs to be a statutory assessment made by the Local Education Authority, more commonly known as the LEA. This can be done ideally with parents and school working together, by the school or by the parent independently.

The special educational needs of the majority of children should be met effectively in mainstream schools through Early Years Action, Early Years Action Plus, School Action and School Action Plus, depending on the age and severity of the problems, without the need for the LEA to make an assessment.

In a small number of cases the LEA will need to make the Statutory Assessment and then consider whether or not to issue a Statement. This involves consideration by the LEA, working co-operatively with parents, schools and if appropriate other agencies involved to determine whether an assessment is needed. Please be aware that if the LEA decides an assessment is needed, this doesn't necessarily mean it will lead to a statement!

Referrals can be made by another agency such as Social Services or the Health Authority; this can happen particularly with children under the age of 5 with complex needs not yet attending school but maybe in an early educational setting

When requesting an assessment the evidence that should be provided by the school should include:

• The views of parents recorded at Early Years Action and Action Plus or School Action and Action Plus.
• The ascertainable views of the child
• Copies of IEP's
• Evidence of progress over time
• Copies of advice where obtained from health services and social services
• Evidence of involvement and views of professionals and relevant specialists outside of the school setting
• Evidence of the extent the school has followed advice provided by professionals and relevant specialists.

A Request by a Parent

Parents may request an assessment under section 328 or 329 of the education act. The LEA must comply unless an assessment has been made within 6 months of the date of the request or if they conclude after examining the evidence that it is not necessary.

Once the request has been made the LEA must decide within 6 weeks whether or not to carry out the assessment and should contact the parents. They must also inform the Head Teacher and obtain any written evidence from the school about the child's learning difficulties and the schools account of any special educational provisions made. The Educational Psychology Service, the designated officer of Social Services department, Health Authority and any other agencies involved must also be informed.

Suggested format for a letter of request:

The letter should be addressed to:-

Additional Educational Needs Manager

Local Education Authority

(Address)

Childs name and Date of Birth

Name of child's school (if of school age)

Dear Sir/Madam

I am writing to request that the LEA carry out a Statutory Statement of Special Educational Needs for my Son/Daughter under Section 323 of the Education Act of 1996 Chapter 54 , as is my right under section 329.

2nd paragraph: enter a description of your child's difficulties, past history, medical diagnosis and anything else relevant.

3rd paragraph: enter the current provisions your child receives, for example Individual Education Plan, helper, portage, outside agencies, speech therapy, physiotherapy, health and social services, one to one support and for how long etc.

4th paragraph: enter detailed account of why you think current provisions are not meeting your child's needs with evidence of lack of progress.

Yours Sincerely

Remember the LEA must take all parental requests seriously and take immediate action.

If a child attends an independent school or is being home educated, a request for an assessment must follow the same procedure.