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SPECIAL EDUCATIONAL NEEDS

SECTION

Principal Education Officer,Children’s Commissioning

Rhidian Jones

SEN Team Leader

Helen Gifford

Guidance for Assessments of SEN October 2004, revised November 2007

SPECIAL EDUCATIONAL NEEDSSECTION

PERSONNEL

Name Contact

Rhidian JonesPrincipal Education Officer, Children’s Commissioning

01628 796779

Helen GiffordSEN Team Leader

01628 796777

Helena HicklingStatement and Review Officer 01628 796015

Gerri SuggettCase Officer 01628 796780

Cathy DeverallFinance and Statistics Officer

Roshani Rambukpitiya

01628 796925

Administrator 01628 796779


GUIDANCE FOR CARRYING OUT STATUTORY ASSESSMENTS OF

SPECIAL EDUCATIONAL NEEDS

AND

DRAWING UP STATEMENTS OF SPECIAL EDUCATIONAL NEEDS

EDUCATION OFFICER, SEN RHIDIAN JONES

01628 796779

October 2004

Revised November 2007


FOREWORD

In deciding how to support a pupil with special educational needs, schools and officers of the local authority must follow statutory requirements and have regard to national and local guidance. This booklet reflects these requirements.

It also sets out the guidelines which the local authority will consider, consistently and objectively, when initially deciding whether or not to carry out a formal, statutory assessment of a child’s special educational needs, and, at the conclusion of any assessment, whether or not to issue a statement.

These guidelines are available to all professionals working with children who have special educational needs. They should be read in conjunction with the Authority’s standard form and guidelines for schools to use when requesting a statutory assessment.

These guidelines reflect the range of matters to be considered when recommending or making a decision about support for a pupil with special educational needs. The weight to be given to individual components within the broad range of matters must depend upon individual circumstances.


INTRODUCTION 2

LEGAL BASIS 3

AUTHORITY POLICY 4

CODE OF PRACTICE 5

REFERRAL FOR STATUTORY ASSESSMENT 6

School referral for statutory assessment

Emergency referrals for statutory assessment 6

PRINCIPLES FOR DECIDING TO MAKE A STATUTORY ASSESSMENT 7

General 7

Learning Difficulties – principles for deciding to assess 9

Specific Learning Difficulties – principles for deciding to assess 13

Emotional and Behavioural Difficulties – principles for deciding to assess 17

Medical Conditions – principles for deciding to assess 20

Physical Disabilities– principles for deciding to assess 22

Hearing Impairment – principles for deciding to assess 24

Visual Impairment – principles for deciding to assess 26

Speech and Language Difficulties – principles for deciding to assess 28

Social Communication Difficulties – principles for deciding to assess 30

CHILDREN UNDER 5 33

Children under two 33

Children under five 33

GUIDLINES FOR DECIDING TO DRAW UP A STATEMENT 34

Making a statement 34

Deciding not to issue a statement – the note in lieu 36

CEASING TO MAINTAIN A STATEMENT 37

CONTENTS


Introduction

Local authorities must identify and make statutory assessment of those children for whom they are responsible, who have special educational needs, and who probably need a statement of special educational needs (‘statement’).

The purpose of this document is to provide guidelines that the Local Authority will use to judge whether a child’s difficulties:

are significant and/or complex;

have not responded to intervention

may call for special educational provision beyond normal mainstream resources.

How to use this booklet

The first section sets out the legal and policy framework within which the guidelines operate. It also describes the type of evidence that the Local Authority will examine when considering whether or not to carry out a statutory assessment.

Subsequent sections give principles that are relevant to particular types of special educational needs. In many cases, for example established sensory impairment, it may be useful to refer to the section covering the particular difficulty. Those considering the child’s needs should not, however, feel constrained to identify a particular category within which to place the child. The child’s needs may be complex and relate to more than one category. In all cases, the focus should be on the difficulties experienced and provision to address those difficulties, rather than on determining a particular category of special need.

The final sections give guidelines to be used at the end of a statutory assessment when the Local Authority decides whether or not to issue a statement. They conclude with guidelines when the Local Authority considers ceasing to maintain a statement.

Page 2 INTRODUCTION


Legal Basis

The Education Act 1996 brings together the requirements of earlier education legislation, particularly the Acts of 1944, 1981, 1988 and 1994. Section 312 of the Act defines special educational needs (‘SEN’) as follows:

A child has special educational needs if he or she has a learning difficulty, which calls for special educational provision to be made for him or her.

A child has a learning difficulty if he or she:

Has a significantly greater difficulty in learning than the majority of children of the same age

Has a disability which either prevents or hinders the child from making use of educational facilities of a kind provided for children of the same age in schools within the area of the local authority.

Is under five and falls within the definition at (a) or (b) above or would do if special educational provision was not made for the child.

A child must not be regarded as having a learning difficulty solely because the language or form of language at home is different from the language in which he or she is or will be taught.

Special educational provision means:

For a child over two, educational provision which is additional to, or otherwise different from, the educational provision made generally for children of the child’s age in maintained schools, other than special schools, in the area.

For a child under two, educational provision of any kind.

The 1996 Education Act requires local education authorities and schools and their governors to have regard to the current Special Education Needs Code of Practice (‘SEN Code’) published in November 2001. The SEN Code indicates that the child’s school will meet the vast majority of special educational needs, with outside help if necessary. Only in a small minority of cases – nationally, around two per cent of children – will a child have special educational needs of a severity or complexity which requires the Local Authority to determine and arrange the special educational provision for the child, by means of a statutory statement of special educational needs.

The Education (Special Educational Needs) Regulations 2001 give the statutory requirements for assessments and the making of statements of special educational needs. These will be found at the end of the SEN Code.

LEGAL BASIS page 3


Authority Policy

The Royal Borough of Windsor and Maidenhead is responsible as the local authority for all children living in its area who are under five years of age, or who attend school (up to the time they leave school or the age on 19, whichever is the earlier).

The Royal Borough’s aim for all children, whatever their needs, is to enable them to become as independent as possible in their learning and to attain at the highest individual level possible.

The Royal Borough will work towards offering the option of education in a mainstream school to children whose parents wish this. It will support this approach through appropriate structures and resources, including, for some children, a statement of special educational needs. It regards placement in mainstream schools as part of the continuum of provision for children with special educational needs, and seeks to provide as much as possible of that continuum within the Borough.

Schools will arrange to meet special educational needs within the framework of the whole school policy for the inclusion and integration of pupils with special educational needs. This will include appropriate support at the school-based stages of the Code of Practice: School Support and School Support Plus. The Borough seeks to help schools resolve as many problems as possible without the need to seek a statutory assessment and a statement of special educational needs.

page 4 AUTHORITY POLICY


Code of Practice

This document does not provide comprehensive guidance on the SEN Code of Practice. However, in deciding whether to carry out a statutory assessment, the Education Authority will expect schools to have had regard to the Code, in particular guidance on:

The partnership between parents, pupil, and, as appropriate, the health services or the local authority social services department, as well as with the Education Authority and any other providers of support services.

The role of governing bodies, including statutory duties towards pupils with special educational needs.

Intervention to identify, assess and make provision to meet special educational needs on a staged basis.

The importance of planning, reviewing and evaluating the provision made to meet special educational needs, usually through individual education plans (‘IEPs’).

CODE OF PRACTICE Page 5Referral for statutory assessmentGuidance for Assessments of SEN October 2004, revised November 2007

CHECKLIST

In referring a child for statutory assessment, the Local Authority will need clear evidence from the school that it has, for all categories of special educational needs:

Sought the views of and involved the child and the parent(s) at each stage

Taken consistent action to make both the curriculum and the school day accessible to the child, by alerting all teachers to the child’s particular needs

Formulated, monitored and regularly evaluated individual education plans at School Support and School Support Plus of the SEN Code, with clear targets and evidence of outcomes

Assessed progress, using reliably administered standardised tests and National Curriculum where appropriate

Deployed its own resources in a way which best promote the child’s learning

Consulted and acted upon the advice of external specialists, including the educational psychologist, and monitored the child’s progress as a result of action taken

Considered and, where appropriate, made use of information technology

Closely monitored the child’s emotional and behavioural responses to her or his learning difficulties or disabilities, and implemented its policy on pastoral care and guidance and/or its behaviour policy

With the consent of the parent(s), notified and sought the assistance of the school doctor and/or the child’s G.P. as appropriate.

A child will be brought to the Local Authority’s attention, as possibly requiring an assessment through one of the following:

Referral by the child’s school or another agency.

A formal request for an assessment from a parent.

School referral for statutory assessment

In requesting a statutory assessment, the school should consider the statutory requirements and guidance referred to in this document and in the SEN Code. Referrals will most helpfully made using a standard request form, provided together with guidance notes to all schools. These are included at the back of this booklet.

In general, the Royal Borough of Windsor and Maidenhead (RBWM) is responsible for pupils living in the Borough. Schools outside RBWM intending to refer a pupil for whom this Borough is responsible should normally have involved specialists serving the school, but should make the formal referral to RBWM.

Schools within RBWM intending to refer a pupil for whom another Local Authority is responsible should involve specialists serving the school, but should make the formal referral to the responsible Authority – usually the Local Authority where the child lives.

Emergency referrals for statutory assessment

In the great majority of cases, before making any referral to the Local Authority for a statutory assessment, the school will have assessed a child’s learning difficulties. It will have consequently made special educational provision to meet the child’s needs in the context of its staged assessment model. However, in a very small minority of cases, for example a diagnosis of a major sensory impairment, there may be such significant difficulties that it may be impossible or inappropriate for the school to carry out in full a staged assessment.

Where there is agreement between the school, the child’s parents and any relevant consultant or adviser about the child’s need for further multi-disciplinary assessment, or there is concern that any delay might further damage the child’s development, the child may be referred immediately to the Local Authority for consideration for statutory assessment.

The Borough will react consistently to such requests. It will subsequently make open and objective judgements whether to issue a statement.

page 6 REFERRAL FOR STATUTORY ASSESSMENT


Principles for deciding to make a statutory assessment

General

This section describes the type of evidence that the Local Authority will examine when considering whether or not to carry out a statutory assessment. Subsequent sections give principles that are relevant to particular types of special educational needs.

Key Evidence

The SEN Code says that in deciding whether to make a statutory assessment the critical question will be whether there is convincing evidence that:

i.) despite the school, with the help of external specialists, taking relevant and purposeful action to meet the child’s learning difficulties…

ii.) those difficulties remain or may not have been remedied sufficiently…

iii.) and may require the Local Authority to determine the child’s special educational provision

The SEN Code goes on to say that the Local Authority will wish

i.) to see evidence of the school’s assessment of the child’s learning difficulties

ii.) to secure evidence of the child’s academic attainment and to understand why the child has achieved the levels shown

iii.) to establish what action the school has taken to meet those difficulties – using the staged approach and using resources normally available to mainstream schools.

Academic attainment

The SEN Code establishes that the Local Authority will always require evidence of the child’s academic attainment. The bare facts of academic attainment will be understood in the context of:

the attainments of the child’s peers

the child’s progress over time

(where appropriate) expectations of the child’s performance

GENERAL PRINCIPLES FOR A STATUTORY ASSESSMENT page 7

Significant discrepancies


The local authority will be alert to:

Significant discrepancies between the child’s attainments in assessments and tests in the core subjects of the National Curriculum against the attainment of the majority of children of his or her own age – as indicated by the table below.

Significant discrepancies between the child’s attainments in assessments and tests in the core subjects of the National Curriculum against the performance expected of the child as indicated by a consensus of teachers or reliably administered standardised tests.

Significant discrepancies between a child’s attainment across different core subjects of the National Curriculum.

KEY STAGEONE

KEY STAGE TWO

KEY STAGE THREE

Target levels for schemes of work for the great majority*

Levels 1 to 3 Levels 2 to 5 Levels 3 to 7

Performance significantly below majority at the end of the Key Stage #

Working towards Level 1

Working within or below Level 2

Working within or below Level

3

* As set out in the statutory National Curriculum Orders# As derived from national end of key stage assessment data

Disapplication of the National Curriculum

Section 364 and 365 of the Education Act 1996 set out the circumstances in which the requirements of the National Curriculum may be disapplied – either one or more of the Programmes of Study and/or the assessment and testing arrangements. The local authority will carry out a statutory assessment and issue a statement of special educational needs, if there is clear, substantiated evidence that it is necessary to specify, through a statement of special educational needs, a permanent disapplication of any element(s) of the National Curriculum. As such disapplication will be extremely rare, the Local Authority will require to be satisfied that a permanent disapplication is necessary, as distinct from simply a modification of the National Curriculum, which will not require specification in a statement of special educational needs.

page 8 GENERAL PRINCIPLES FOR A STATUTORY ASSESSMENT


Learning difficulties – principles for deciding to assess

Where a child has moderate, severe or profound and multiple learning difficulties:

The general level of attainment will be significantly below that of peers, as identified through National Curriculum levels of attainment and reliably administered standardised tests

There will be difficulty in acquiring basic literacy and numeracy skills.

In many cases there will be significant speech and language difficulties.

In some cases there will be immature motor development.

In some cases there will be poor social skills.

Some may show persistent signs of emotional and behavioural difficulties.

Learning difficulties and general levels of attainment

In determining whether the child’s general levels of attainment are significantly below that of peers, and whether in consequence a statutory assessment is needed, the Local Authority will consider the most recent National Curriculum assessments, both derived through teacher assessments and national tests.

Children in the following age groups will demonstrate deficits in development of basic skill attainment of at least the following order of magnitude:

CHRONOLOGIALAGE

ASSESSMENT OR SCREENING OUTCOMES

5 years

- Surrey Screening Profile predominantly at the 1st percentile- Ability or development profiles at or below the 3 year level, for

example in cognitive, language and self-help skills- Standardised scores of below 70, for example BPVS (II), BAS

(II)*, WPPASI-R (UK)*

6 years

- no measurable attainment on literacy and numeracy scales standardised for Key Stage 1

- ability or development profiles below the 4 year level, particularly in cognitive, language and self-help areas

- standardised scores of below 70, for example BPVS (II), BAS (II)*, WPPSI-R (UK)*

7 years

National Curriculum core subjects: working towards

L1

- standardised scores at basal limit on all three achievements scales of BAS (II)*

- quotients or standardised scores below 70 on language, literacy or numeracy tests

- * closed test used by, and required to be administered by, an educational psychologist

LEARNING DIFFICULTIES page 9


CHRONOLOGIALAGE

ASSESSMENT OR SCREENING OUTCOMES

8 years

National Curriculum core subjects mostly still working towards L1

- standardised scores at basal limit on W.O.R.D.

- age equivalent below the 5 year level on all three achievement scales of BAS (II)*

- quotients or standardised scores below 70 on screening tests of reading and number development

9 years

National Curriculum core subjects: some attainments

at L1

- reading and spelling standardised scores below 6 year equivalent on W.O.R.D.

- reading and spelling at or below 5½ year equivalent on BAS (II)*

- number below 6 year equivalent on BAS (II)*

- quotients or standardised scores below 70 on school-based standardised screening tests of reading and number

10 years

National Curriculum core subjects: attainment at L1

and working within L2

- reading and spelling standardised scores at or below 6 year equivalent on W.O.R.D.*

- reading below 6 year equivalent on BAS (II)*

- spelling below 6 year equivalent on BAS (II)*

- number below 7 year equivalent on BAS (II)*


11 years

National Curriculum core subjects: L1 generally attained and working

towards L2

- reading and spelling standardised scores at or below 6½ year equivalent on W.O.R.D.*

- reading below 6½ year equivalent on BAS (II)*

- spelling below 6½ year equivalent on BAS (II)*

- number below 7½ year equivalent on BAS (II)*


12 years

National Curriculum core subjects: L1 generally attained and working

towards L2

- reading and spelling standardised scores at or below 6½ year equivalent on W.O.R.D.*

- reading below 7 year equivalent on BAS (II)*

- spelling below 7 year equivalent on BAS (II)*

- number below 7½ year equivalent on BAS (II)*


- *closed test used by, and required to be administered by, an educational psychologist

page 10 LEARNING DIFFICULTIES


Learning difficulties – other factors

In deciding whether to carry out a statutory assessment, the local authority will also ask whether:

The child is not benefiting from work on National Curriculum Programmes of Study relevant to her/his Key stage or has been formally disapplied from National Curriculum requirements.

There is evidence that the child is falling progressively behind the majority of children of her/his age, taking into consideration the child’s assessed levels of cognitive ability or functioning, for example an assessment of attainment showing a child moving from the 4th percentile to the 2nd

percentile. However, the Local Authority will not normally carry out a statutory assessment solely because the child is falling progressively behind others: there would need to be evidence of the extent of the disparity over time.

There is evidence of a discrepancy between the child’s assessed levels of mechanical reading, for example on a word recognition test or a test assessing the ability to read a complete sentence, and her or his assessed levels of comprehension, for example on a sentence completion test or other test addressing comprehension.

There is evidence of inadequate personal independence or organisation, or impaired social interaction or communication, or a significantly restricted repertoire of activities, interests and imaginative development.

There is evidence of significant problems in the child’s home or family circumstances or school attendance record.

There is evidence of significant emotional or behavioural difficulties.

There is evidence of contributory or remediable medical problems – this will be of particular importance in the case of children with severe or profound and multiple learning difficulties.

Learning difficulties – the special educational provision already made

In deciding whether to carry out a statutory assessment, the Local Authority will consider the action taken by the school and, in particular, whether:

The school has formulated, monitored and regularly evaluated individual education plans, including structured literacy and/or numeracy support programmes with clear targets and the child’s progress measured by criterion-referenced or standardised tests is significantly less than that which may be expected for the majority of children following such programmes.

LEARNING DIFFICULTIES page 11


The school has sought the views of and involved the child’s parents at each stage.

The school has considered, and where appropriate used, information technology.

The school has implemented its policy on pastoral care and guidance and sought external advice to meet any social, emotional or behavioural difficulties.

The school has, with the parents’ consent, notified and sought the assistance of the school doctor and/or the child’s G.P. as appropriate.

Learning difficulties – principles for a statutory assessment

The Local Authority will carry out a statutory assessment where the balance of evidence presented to the Local Authority and assessed against the above principles suggests that the child’s learning difficulties:

(i)are significant and/or complex

(ii)have not responded to relevant and purposeful measures taken by the school and external specialists and

(iii)may call for special educational provision which cannot reasonably be provided within the resources normally available to mainstream schools in the area.

page 12 LEARNING DIFFICULTIES

Specific learning difficulties – principles for deciding to assess


Where a child has specific learning difficulties: There may be significant difficulties in reading, writing, spelling or

manipulating number, which are not typical of the child’s general levels of performance.

She or he may gain some skills in some subjects quickly and demonstrate a high level of ability orally, yet may encounter sustained difficulty in gaining literacy or numeracy skills.

There may be severe frustration and emotional or behavioural difficulties.

Specific learning difficulties and levels of attainment in literacy

In determining whether the child’s level of attainment in literacy are significantly below that of peers, and whether in consequence a statutory assessment is needed, the Local Authority will require good evidence of attainments in reading falling so far outside the expected range that no more than one child in every hundred would be considered, as shown in the following table:CHRONOLOGICAL AGE TEST OF BASIC

READING (W.O.R.D.*)TEST OF WORD

READING (BASII*)7 years 0 months N/A No more than 1 word

read correctly8 years 0 months Basal limit of test

(raw score zero) 4 years 10 months

8 years 6 months < 6 years(raw score 2 or fewer)

5 years 4 months

9 years 0 months < 6 years 5 years 7 months

9 years 6 months 6 years 0 months(raw score 8 or fewer)

5 years 7 months

10 years 0 months 6 years 0 months 5 years 7 months


11 years 0 months 6 years 3 months 6 years 1 month


12 years 0 months 6 years 6 months 7 years 1 month

12 years 6 months 6 years 6 months 7 years 7months




* closed test used by, and required to be administered by, an educational psychologist

SPECIFIC LEARNING DIFFICULTIES page 13

Mathematics and spelling are not regarded as access skills in the same way as reading. Development in these areas will be considered alongside significant difficulties in acquiring reading skills. The Local Authority will not normally


carry out a statutory assessment solely on the grounds that there are significant difficulties in mathematics or spelling.

Specific learning difficulties – other factors

In deciding whether to carry out a statutory assessment, the Local Authority will seek clear, recorded evidence of the child’s academic attainment and ask, for example, whether:

There are extreme discrepancies between attainments in different core subjects of the National Curriculum, or within one core subject, especially where attainment in Speaking & Listening is significantly higher than in reading or writing.

Expectations of the child, as indicated by a consensus of those who have taught or observed the child, supported as appropriate by reliably administered tests of cognitive ability or oral comprehension, are significantly above her or his attainments in National Curriculum assessments and tests and/or the results of reliably administered standardised reading, spelling or mathematics tests. In reviewing such evidence,

the Local Authority will look for evidence that the statistical probability of such discrepancy would be found in fewer than one child in a hundred

the Local Authority will consider a reading age equivalent of the 9½ level to be the level of competence which should give access to most relevant curriculum materials. Attainment at this level would be a basis from which progress should be made, without needing additional support outside the resources available to mainstream schools

There is evidence of clumsiness, significant difficulties in sequencing or visual perception, deficiencies in working memory or significant delays in language functioning as indicated by a consensus of professionals who know the child or reliably administered standardised tests (which are not available for all such areas of potential difficulty).

There is evidence of associated problems, such as severe emotional or behavioural difficulties

the Local Authority will be particularly alert to such difficulties occurring in some classes or tasks, such as reading or writing, but not in others.

page 14 SPECIFIC LEARNING DIFFICULTIES

Specific learning difficulties – the special educational provision already made



The school has taken action to make both the curriculum and the school day accessible to the child, be alerting all teachers to the child’s particular needs, including developing practices to record information, adopting appropriate marking policies and promoting the use of personal dictionaries.

The school has formulated, monitored and regularly evaluated individual education plans, including structured literacy programmes for reading and spelling and the use of multi-sensory teaching strategies, for example corrective reading, phonological awareness training, use of tactile letters.

The school, consulting external specialists, including the educational psychologist, has monitored the child’s progress as a result of the action taken and has clearly demonstrated through, for example, appropriately applied reading and spelling tests and teacher assessment, that the child has not made significant progress and/or that the child’s attainment is falling behind that of the majority of children.

The school has taken into account, investigated and recorded parental concerns, seeking to enrol them in creating, delivering and evaluating detailed plans to help their child in and out of school.

The school has made appropriate use of information technology, providing training for the child, parents and staff in its use so that IT is used across the curriculum and, where appropriate, at home.

The school has closely monitored the child’s emotional and behavioural responses to her or his learning difficulties and provided relevant help to reduce anxiety and enhance self-esteem.

The school has, with the parent’s consent, notified and sought the assistance of the school doctor and/or the child’s G.P. as appropriate.

SPECIFIC LEARNING DIFFICULTIES page 15

Specific learning difficulties – principles for a statutory assessment


The Local Authority will carry out statutory assessment where the balance of evidence presented to the Local Authority and assessed against the above principles suggests that the child’s specific learning difficulties:

(i) are significant and/or complex

(ii) have not responded to relevant and purposeful measures taken by the school and external specialists and

(iii) may call for special educational provision which cannot reasonably be provided within the resources normally available to mainstream schools in the area, including possible support arranged through the authority’s Specialist Inclusion Services.

page 16 SPECIFIC LEARNING DIFFICULTIES


Emotional and behavioural difficulties – principles for deciding to assess

Where a child has emotional and/or behavioural difficulties (EBD):

She or he may fail to meet expectations in school and in some cases may also disrupt the education of others.

The difficulties may be the result of abuse or neglect, physical or mental illness, sensory or physical impairment, or psychological trauma – the identification of such factors is particularly sensitive and should only be made by properly qualified professionals; speculation should be avoided and care should be taken not to impute difficulties in a way that could demean the child or parent(s).

The difficulties may be associated with other learning difficulties.

The difficulties may become apparent in a variety of forms, including withdrawn, depressive or suicidal attitudes, obsessional preoccupation with feeding habits, school phobia, substance misuse, disruptive, anti-social and uncooperative behaviour, and frustration, anger and threat of or actual violence.

The Local Authority will not normally carry out a statutory assessment solely on the ground that the child has not conformed to the discipline code of the school and/or been subject to a fixed-period or permanent exclusion from school. Nor will school refusal of itself require a statutory assessment.

The Local Authority will expect that a school, in making a referral for statutory assessment, will demonstrate that there has been systematic measurement of the frequency, intensity and duration of the behaviour concerned and that intervention by the school and/or other agencies over at least six months has not significantly modified the behaviour.

Emotional or behavioural difficulties – the child’s learning difficulty

In deciding whether to carry out a statutory assessment, the Local Authority will seek clear, recorded evidence of both the child’s academic attainment and the nature of the emotional or behavioural difficulties, asking, for example, whether:

There is significant discrepancy between, on the one hand, the child’s cognitive ability and expectations of the child, as assessed by teachers, parents and others directly concerned, supported as appropriate by reliably administered standardised tests and, on the other hand, the child’s academic attainment and teachers’ own recorded assessments of the child’s classroom work.

EMOTIONAL AND BEHAVIOURAL DIFFICULTIES page 17


There is clear recorded evidence of extreme difficulties motivating the child across the majority of lessons.

The child is unusually withdrawn, has low self-confidence and is unable to form purposeful and lasting relationships with peers and adults.

The child attends school irregularly and whether there is a pattern to this*.

There is clear, recorded evidence of any obsessional eating habits*.

There is clear, recorded evidence of any substance or alcohol misuse*.

The child displays unpredictable, bizarre, obsessive, violent, hyperactive or severely disruptive behaviour. The Local Authority will wish to establish whether there is any pattern. It will seek clear-recorded evidence over a period of time, usually not less than a term*.

There is clear, recorded evidence that the child has participated in or been subject to bullying at school, or to neglect and/or abuse at home and/or has faced major difficulties at home*.

There is any suggestion that the child may have a significant mental or physical health problem, with particular note being taken of any sudden, unpredictable changes in the child’s behaviour, which has no obvious cause. *

* In relation to the child’s physical, mental or family situation, the child’s difficulties may be most appropriately addressed mainly or partly by other agencies, for example Child Guidance Services, Health Services, the Education Welfare Service or Social Services, drawing on information and advice from the school and parent(s). Before considering whether to carry out an assessment, the Local Authority will wish to be satisfied that there has been relevant, purposeful involvement of such agencies, that any support offered in consequence has been reviewed and evaluated and that it appears that special educational provision will need to be made for the child that cannot reasonably be provided within the resources normally available to mainstream schools in the area.

page 18 EMOTIONAL AND BEHAVIOURAL DIFFICULTIES


Emotional or behavioural difficulties – the special educational provision already made

In deciding whether to carry out a statutory assessment, the Local Authority will consider the action taken by the school and others, and, in particular, whether:

The school has sought appropriate external advice and then, following through discussions with the child, has formulated, implemented and monitored individual education plans, including a behaviour management/modification programme.

The school has followed as appropriate in the individual case, the provisions of its policies on behaviour and on pastoral care and guidance.

All staff have been fully informed on the child’s difficulties and a consistent approach to remedying these difficulties has been taken across the school.

The school has sought a constructive relationship with the child’s parents/carers, encouraging their participation in the child’s education and to visit the school regularly.

The school has explored the possible benefits of appropriate information technology as a means of motivating and stimulating the child.

The school has, where appropriate and with the consent of parents, notified and sought the involvement of other services, including possible attendance at a part-time pupil referral or pupil adjustment unit.

Emotional or behavioural difficulties – principles for a statutory assessment

The Local Authority will carry out a statutory assessment where the balance of evidence presented to the Local Authority and assessed against the above principles suggests that the child’s learning difficulties:

i) are significant and/or complex

ii) have not responded to relevant and purposeful measures taken by the school and external specialists and

iii) may call for special educational provision which cannot reasonably be provided within the resources normally available to mainstream schools in the area.


EMOTIONAL AND BEHAVIOURAL DIFFICULTIES page 19

Medical conditions – principles for deciding to assess

Some medical conditions may, if action is not taken, have a significant impact on the child’s academic attainment and/or may give rise to emotional and behavioural difficulties. Some of the commonest medical conditions are likely to be disease, epilepsy, asthma, cystic fibrosis, haemophilia, sickle cell anaemia, diabetes, renal failure, eczema, rheumatoid disorders, and leukaemia and childhood cancers.

The key issue is to decide whether the condition, despite medical intervention or therapy, significantly impairs the child’s ability to participate fully in the curriculum and the wider range of school activities. For example, children with diabetes or some forms of epilepsy may, with appropriate medical and personal management, be able to take part in the learning and other activities of the school. In such circumstances it will not be necessary to make a statement of special educational needs.

Some conditions will affect the child’s progress and performance intermittently, others on a continuous basis throughout schooling. Drug therapies, for example for the treatment of leukaemia and childhood cancers, may compound the problems of the condition and have implications for the child’s education. Medication for some forms of epilepsy may impair concentration. Some children with life-threatening conditions may have periods of hospitalisation and emotional or behavioural difficulties.

The Local Authority expects there to be consultation and open discussion between the child’s parent(s), the school, the school doctor or the child’s general practitioner, the community paediatrician and any specialist services providing treatment for the child. Such consultation will be essential to secure maximum progress and that the child is not unnecessarily excluded from any part of the curriculum or school activity because of anxiety about her or his care and treatment.

Medical conditions – the child’s learning difficulty or disability

In deciding whether to carry out a statutory assessment, the Local Authority will also ask whether:

There is significant discrepancy between

(i) the child’s attainments inassessments and tests in the coresubjects of the National Curriculumand teachers’ own recordedassessments of classroom work

ii) the expectations of the child, asassessed by teachers, parents and external specialists who have closely observed the child, supported, as appropriate, by theresults of standardised tests ofcognitive ability

and

OR

and

the attainment of the majority of children of his or her own age – asindicated by the table onpage 8

the child’s attainment as

measured by NationalCurriculum assess-ments and tests


MEDICAL CONDITIONS

There is clear, recorded evidence that the child’s medical condition significantly impedes or disrupts her or his access to the curriculum, ability to take part in particular classroom activities or participation in aspects of school life, or that the child is only able to do so with close adult supervision and/or substantial adaptation of teaching materials or the environment.

There is clear, substantiated evidence, based on specific examples, that the child’s medical condition has given rise to emotional or behavioural difficulties.

There is evidence of significant and recurrent absence from school.

Medical conditions – the special educational provision already made


The school has sought the views of, and informed, the child’s parent(s) at each stage.

The school has, with the parents’ consent, notified and sought the assistance of any appropriate medical professional(s).

All staff have been fully informed of the child’s medical condition and a consistent approach to managing the child’s education has been taken across the school.

The school has sought the co-operation of those in the Local Authority responsible for the education of children who are at home or in hospital as a result of illness.

Medical conditions – principles for a statutory assessment

The Local Authority will carry out a statutory assessment where the balance of evidence presented to the Local Authority and assessed against the above principles suggests that the child’s learning difficulties and/or disabilities:

i) are significant and/or complex

ii) have not responded to relevant and purposeful measures taken by the school and external specialists and

iii) may call for special educational provision which cannot reasonably be provided within the resources normally available to mainstream schools in the area.

MEDICAL CONDITIONS page 21


Physical disabilities – principles for deciding to assess

A child’s physical disabilities may be the result of an illness or injury, which might have short or long term consequences, or may arise from a congenital condition. Such difficulties may, without action by the school or Local Authority, limit the child’s access to the full curriculum. Some children with physical disabilities may also have sensory impairments, neurological problems or learning difficulties. The key issue is to determine whether the disability, despite appropriate intervention or therapy, significantly impairs the child’s ability to participate fully in the curriculum and the wider range of activities in the school.

Physical disabilities – the child’s learning difficulty or disability

In deciding whether to carry out a statutory assessment, the Local Authority will seek clear, recorded evidence of both the child’s academic attainment and the nature of the physical disability, asking for example, whether:



ii) the expectations of the child, as assessed by teachers, parents and external specialists who have closely observed the child, supported, as appropriate, by theresults of standardised tests ofcognitive ability

and

OR

and

the attainment of the majority of children of his or her own age – asindicated by the table onpage 8

the child’s attainment as measured by National Curriculum assessments and tests

The child is unable to take part in particular aspects of the school’s curriculum without close adult supervision and/or substantial adaptation of teaching materials or the environment.

The child has significant self-help difficulties in, for example, dressing, toileting or feeding and/or the child’s condition givers rise to safety issues.

There is clear, substantiated evidence, based on specific examples, that the child’s inability fully to take part in school life places the child under significant emotional or physical stress.

page 22 PHYSICAL DISABILITIES

Physical disabilities – the special educational provision already madeGuidance for Assessments of SEN October 2004, revised November 2007


The school, consulting the Local Authority’s support services, and, where appropriate, regional organisations expert in information technology for communication difficulties, has made appropriate use of information technology, providing training for the child, parents and staff in its use so that IT is used across the curriculum and, wherever appropriate, at home.

The school has formulated, monitored and regularly evaluated individual education plans to support full access to the curriculum and has given consideration to the child’s environment.

The school has fully applied the access provisions of its SEN policy, seeking external advice on basic adaptations from outside agencies or organisations.

The school has, with the parent’s consent, notified and sought the assistance of the school doctor and/or the child’s G.P. as appropriate.

Physical disabilities – principles for a statutory assessment


i. are significant and/complex

ii. have not responded to relevant and purposeful measures taken by the school and external specialists and

iii. may call for special educational provision which cannot reasonably be provided within the resources normally available to mainstream schools in the area.

PHYSICAL DISABILITIES page 23


Hearing impairment – principles for deciding to assess

A significant proportion of children has some degree of hearing difficulty. Early recognition, diagnosis and treatment and specialist support for pupils with hearing difficulties are essential to ensure the child’s language acquisition, academic achievement and emotional development do not suffer unnecessarily.

Some temporary hearing losses are usually caused by ‘glue ear’. They occur most often in the early years. Such hearing losses fluctuate and may be mild or moderate in degree. They can seriously compound other learning difficulties. Schools should be alert to such evidence as persistently discharging ears.

Permanent hearing losses are usually sensori-neural. They vary from mild, through moderate to severe or profound. Children with severe or profound hearing loss may have severe or complex communication difficulties.

Hearing impairment – the child’s learning difficulty



(i) the child’s attainments inassessments and tests in the coresubjects of the National Curriculum and teachers’ own recorded assessments of classroom work


and

OR

and

the attainment of the majority of children of his or her own age – as indicated by the table on page 8

the child’s attainment as

measured by NationalCurriculum assess-ments and tests

There is clear, recorded evidence of the extent and nature of the child’s hearing impairment. There should be results of audiometric assessment with relevant audiogram.

There is clear, recorded evidence that the child’s hearing impairment significantly impairs her or his emotional or social development, access to the curriculum, ability to take part in classroom activities or participation in aspects of school life. Thus, the Local Authority will not normally expect to carry out a statutory assessment solely because there is a mild or even a moderate hearing loss.

page 24 HEARING IMPAIRMENT


There is clear, substantiated evidence, based on specific examples, that the child’s hearing impairment places the child under stress, with associated withdrawn or frustrated behaviour.

Hearing impairment – the special educational provision already made


The school has taken the advice of appropriate external specialists, including, for example, a qualified teacher of the deaf, the Local Authority’s support services and voluntary bodies.

The school has formulated, monitored and regularly evaluated individual education plans to support full access to and active involvement in the curriculum and the school’s life, addressing such matters as positioning in the class, the scope for paired activities with hearing children or adults and the use of hearing aids and other relevant equipment.

The school has made appropriate use of information technology, providing training for the child, parents and staff in its use so that IT is used across the curriculum and, wherever appropriate, at home.

All teachers and adults in the school have been alerted to the child’s hearing impairment and are aware of the basic measures they should take to overcome or circumvent that difficulty.

The school has involved the child’s parents at each stage.

Hearing impairment – principles for a statutory assessment

The Local Authority will carry out a statutory assessment where the balance of evidence presented to the Local Authority and assessed against the above principles suggests that the child’s learning difficulties and/or the disabilities:

i. are significant and/or complex.



HEARING IMPAIRMENT page 25

Visual impairment – principles for deciding to assessGuidance for Assessments of SEN October 2004, revised November 2007

Visual difficulties take many forms with widely differing implications for a child’s education. They range from relatively minor and remediable conditions to total blindness. Some children are born blind, others lose their sight, partially or completely, as a result of accident or illness. In some cases, visual impairment is one aspect of a multiple disability.

Whatever the cause of the child’s visual impairment, the major issue in identifying the child’s special educational needs will relate to the degree and nature of visual function, partial sight or blindness, and the child’s ability to adapt socially and psychologically as well as to progress in an educational context.

Visual impairment – the child’s learning difficulty





and

OR

and


the child’s attainment as measured by NationalCurriculum assessments and tests

There is clear, recorded evidence of the extent and nature of the child’s visual impairment. There should be results of assessment of the child’s functional vision.

There is clear, recorded evidence that the child’s visual impairment significantly impairs her or his emotional or social development, access to the curriculum, ability to take part in classroom activities or participation in aspects of school life, or mobility.

There is clear, substantiated evidence, based on specific examples, that the child’s visual impairment places the child under stress, with associated withdrawn or frustrated behaviour.

page 26 VISUAL IMPAIRMENT


Visual impairment – the special educational provision already made


The school has taken the advice of appropriate external specialists, including, for example, a qualified teacher of the visually impaired, a mobility officer qualified to work with vision impaired children, the Local Authority’s support services and voluntary bodies.

The school has formulated, monitored and regularly evaluated individual education plans to support full access to and active involvement in the curriculum and the school’s life, and adopting appropriate classroom management measures.

The school has made appropriate use of information technology, including software that uses the visual power of the computer, providing training for the child, parents and the staff in its use so that IT is used across the curriculum and, wherever appropriate, at home.

The school has fully applied the access provisions of its SEN policy in the case of the individual child, and, seeking external advice as appropriate, explored the scope for physical adaptations of the environment.

Visual impairment – principles for a statutory assessment

The Local Authority will carry out a statutory assessment where the balance of evidence presented to the Local Authority and assessed against the above principles suggests that the child’s learning difficulties and/or the disabilities:

i. are significant and/or complex



VISUAL IMPAIRMENT page 27


Speech and language difficulties – principles for deciding to assess

Although most speech and language difficulties will have been identified before a child reaches school, some children will still have significant speech and language difficulties, which impair their ability to participate in the classroom by the time they start school. This may have serious consequences for the child’s academic attainment. They may also cause emotional and behavioural difficulties. The early identification of such speech and language difficulties and prompt action are therefore essential.

Whatever the cause of the child’s difficulties, the major issue in identifying the child’s special educational needs will relate to the degree and nature of language function as well as the child’s ability to progress in an educational context.

The Local Authority will expect that a school, in making a referral for statutory assessment, will demonstrate that there has been a period of speech and language therapy or other appropriate intervention from a speech and language therapist – usually over at least six months. The Local Authority will also seek evidence of the child’s response to the therapy or other intervention through a process of systematic measurement.

Speech and language difficulties – the child’s learning difficulty



(i) the child’s attainments inassessments and tests in the coresubjects of the National Curriculum and teachers’ own recorded assessments of classroom work


and

OR

and


the child’s attainment as measured by NationalCurriculum assessments and tests

The child’s expressive and/or receptive language development is significantly below (usually at more than two standard deviations) that of the majority of children of the same age as measured by a standardised language assessment test, or there is a major discrepancy between the child’s expressive and receptive levels of functioning.


SPEECH & LANGUAGE DIFFICULTIES

There is evidence of a hearing impairment which may coexist with, or cause, the speech and language difficulty.

There is clear, substantiated evidence, based on specific examples, that the child’s communication difficulties impede the development of purposeful relationships with adults and/or peers and give rise to other emotional and behavioural difficulties.

Speech and language difficulties – the special educational provision already made


The school has, with the parents’ consent, sought the advice of the school doctor and/or the child’s G.P., as appropriate, and of a speech and language therapist and other external specialists, and has, together with the child’s parents and involving all teachers concerned with the child, implemented, monitored and evaluated individual education plans for the child to support full access to, and involvement in, the school and social life.

The school has closely monitored the child’s emotional ands behavioural condition and, if necessary, has provided pastoral help to reduce anxiety and enhance self-esteem.

The school, consulting the Education Authority’s support services and, where appropriate, regional organisations expert in information technology for communication difficulties, has made appropriate use of information technology, providing training for the child, parents and staff in its use so that IT is used across the curriculum and, wherever appropriate, at home.

Speech and language difficulties – principles for a statutory assessment





SPEECH & LANGUAGE DIFFICULTIES page 29


Social communication difficulties – principles for deciding to assess

Autism is the term used to describe a pervasive developmental disorder, associated with impairment in social awareness social communication and imagination. Autism, including Asperger’s Syndrome, is best considered as a spectrum of difficulties. One end of the spectrum is frequently associated with severe learning difficulties and, sometimes, challenging or very withdrawn behaviour. At the other end of the spectrum, many of the child’s cognitive difficulties will lie within the normal range, and the child’s social impairment will be more subtle evident only through longer-term assessment and observation.

In the case of autistic spectrum disorder, early recognition, possibly with diagnosis, and specialist support are essential to facilitate the critical development of social and communication skills. Although diagnosis through specialist assessment within the NHS Trust will be helpful, diagnosis in itself is not a prerequisite for consideration of the child’s special educational needs by the Local Authority. Nor will the Local Authority expect to carry out a statutory assessment solely because there is a diagnosis of an autistic spectrum condition.

Children with severe autism are more likely to be identified as having special educational needs in their early years, whereas the needs of children with, for example, Asperger’s Syndrome, may be identified much later, during Key Stages 1 or 2.

Social communication difficulties – the child’s learning difficulty

Children with severe autism will have a combination of difficulties. They may meet some or all of the principles for learning difficulties, speech and language difficulties or emotional/behavioural difficulties. Consideration should be given to presentation of evidence in relation to any of these aspects. The Local Authority will always seek evidence of the child’s academic attainment and speech and language development (with advice from a speech and language therapist) as well as the nature and extent of the triad of difficulties: social communication, social awareness, and imagination.

In all cases, when deciding whether to carry out a statutory assessment, the Local Authority will ask, for example, whether:

The child is not benefiting from work on National Curriculum Programmes of Study relevant to her/his Key Stage or has been formally disapplied from National Curriculum requirements.

There is evidence of inadequate personal independence or organisation, or impaired social interaction, reciprocity or communication, or a significantly restricted repertoire of activities, interests and imaginative development.

There is clear, substantiated evidence, based on specific examples, that the child’s social communication difficulties impede the development of purposeful relationships appropriate to developmental level with adults and/or peers across a variety of contexts and how this is affected by the social demands of the educational situation in particular.

page 30 SOCIAL COMMUNICATION DIFFICULTIES


The child displays challenging, bizarre, obsessive or very withdrawn behaviour, observed and recorded over a period of time.

There is clear evidence, over time, of marked impairment in the use of multiple non-verbal behaviours, such as eye-to-eye gaze, facial expression, body postures and gestures to regulate social interaction.

There is clear evidence, over time, of restricted, repetitive and stereotyped patterns of behaviours, interests and activities, including one or more of the following:

i. encompassing preoccupation with one or more stereotyped and restricted patterns of interest that is abnormal in intensity or focus

ii. apparently inflexible adherence to specific, non-functional routines

iii. stereotyped and repetitive movement mannerisms, e.g. hand or finger flapping or twisting or complex whole-body movements

iv. persistent preoccupation with parts of objects

There is clear evidence of a consistent lack of spontaneous seeking to share enjoyment, interests or achievements with other people.

There is evidence that provides an analysis of the child’s play and preferences during unstructured periods of the day.

Social communications difficulties – the special educational provision already made

In deciding whether to carry out an assessment, the Local Authority will consider the action taken by the school and, in particular, whether:

Those in school or elsewhere have taken the advice of external specialists, including, for example a medical consultant with relevant specialism, a speech and language therapist, an educational psychologist, the Local Authority’s support services and voluntary bodies.


SOCIAL COMMUNICATION DIFFICULTIES page 31

Those in school or elsewhere have, together with the child’s parents and involving all teachers concerned with the child, implemented, monitored and evaluated individual education plans for the child to support full access to, and involvement in, the school and social life; all teachers in contact with the child have been aware of the child’s difficulty and will have adopted consistent measures to reduce uncertainties and anxieties associated with autistic behaviour.

The school, consulting the Local Authority’s support services, has explored the possible benefits of, and secured access to, appropriate information technology.

The school has sought the views of and involved the child’s parents at each stage.

The school has, with the parents’ consent, notified and sought the assistance of the school doctor and/or the child’s G.P. as appropriate

Social communication difficulties – principles for a statutory assessment




iii. may call for special educational provision which cannot reasonably be provided within the resources normally available to mainstream schools in the area

page 32 SOCIAL COMMUNICATION DIFFICULTIES


Children under five

Children under twoFor a child under two where there is evidence of special needs, the Local Authority may make a statutory assessment, if the parents consent. However, it must carry out a statutory assessment of a child under two where a parent requests an assessment. The Local Authority will follow the requirements of the SEN Regulations and pay regard to the SEN code.

Children under fiveHealth Services must inform the parents and the Local Authority if they judge that a child under five may have special educational needs. The Borough expects Headteachers of nurseries or schools with nursery classes broadly to follow the procedures for identifying and meeting the special educational needs of children under five as set out in earlier pages.

There is likely to be greater reliance on advice and information from parents and professionals, for example Health, Social Services, or pre-school providers including Teacher Counsellors. There is likely to be little or no evidence in relation to National Curriculum schemes of work or standardised tests of reading or number. However, there should be evidence, where possible, on the child’s performance in relation to national targets for nursery-age children.

The Local Authority will look for evidence in relation to the following:

Where standardised tests or developmental schedules can be administered, the child’s level of functioning is more than two standard deviations below the average.

i. at age 3, functioning below the 2 year levelii. at age 4, functioning below the 2¾ year leveliii. at age 5, functioning below the 3¼ year level

Where the child is at school, the difficulties identified by the school, and the strategies developed to assist the child.

Advice from outside agencies on:

i. physical health and functionii. communication skillsiii. perceptual and motor skillsiv. self-help skillsv. social skillsvi. emotional and behavioural developmentvii. responses to learning experiences

The Local Authority will then assess the evidence and decide whether the child’s difficulties or development delays are likely to be resolved only through a multi-professional approach which will require monitoring and review over a period of time.

CHILDREN UNDER FIVE page 33


Principles for deciding to draw up a statement

Making a statement

In deciding whether to draw up a statement, the Local Authority will consider all the information from the statutory assessment in the light of the evidence put forward by the parent or the school at the beginning of the assessment.

In deciding that it must make a statement, the Local Authority must be satisfied that the information that emerges from the statutory assessment confirms that the child has special educational needs that:

i.are significant and/or complexii.have not responded, in terms of the child’s progress, to relevant and

purposeful measures taken by the school and external specialists and

iii.call for special educational provision which cannot reasonably be provided within the resources normally available to mainstream schools in the area.

Normal resources

The Local Authority expects that schools will meet the great majority of special educational needs from their normal resources. Schools are expected to have in place:

Policies for special needs, including curriculum delivery, behaviour management and the recording of pupil’s progress.

Systems for detecting special needs and for communicating them to all staff who will be in contact with the child.

A pastoral care system which offers support to pupils in conjunction with parents.

Access to appropriate information technology and other appropriate aids.

Access to some individualised teaching through Individual Education Plans.

Access to some individualised support from a non-teaching assistant.

Access to some small group teaching on a structured programme.

Page 34 PRINCIPLES FOR STATEMENTS


Access to some equipment, usually available in schools, for example a portable word-processing device, and electronic keyboard or a tape recorder.

Access to Local Authority support services.

The Authority also expects to make some provision directly, but without the necessity to specify such provision through a statement, for example:

Tuition at a support centre, such as a Language and Literacy Centre.

Tuition or advice to the school from a visiting Teacher of the Vision or Hearing Impaired.

Significant pieces of equipment, such as a closed circuit television.

Major building adaptations.

The Authority, in consultation with schools and governors, will keep under review arrangements to devolve funding to schools to support pupils at Stage 3 of the SEN Code of Practice.

Exceptional provision

The Local Authority will consider drawing up a statement where it is necessary formally to identify the provision to be made, or it is likely that supplementary funding will be required if the provision is to be made. In particular, the following will normally be arranged through funding delegated to the governors of the school:

Regular direct teaching by a specialist teacher.

Enhanced support from a non-teaching assistant.

The Education Authority will also consider drawing up a statement where it is necessary to specify a permanent disapplication of any element of the National Curriculum.

Change of Placement

The Education Authority will consider drawing up a statement where it concludes as a result of the statutory assessment that a change of placement may be indicated for the child:

If such change involves moving from a mainstream school to a specialist unit at the same school or from one mainstream school to another.

If such change involves a day residential school placement.

PRINCIPLES FOR STATEMENTS page 35


Children of parents in the armed forces

The Local Authority will consider drawing up a statement where it concludes, as a result of the statutory assessment of a child of parents in the armed forces, that the parents’ frequent moves might significantly disrupt effective special educational provision for the child.

Deciding not to issue a statement – the note in lieu

The Local Authority may conclude, as a result of the statutory assessment that the child’s special educational needs can be met from within the school’s resources, with or without the intervention of a professional service from outside the school. It will not issue a statement where:

The information on the child’s learning difficulties does not accord with the evidence presented by the school for consideration by the Local Authority before the assessment commenced.

The proposals for the child’s special educational provision being made by the school, including teaching strategies or other approaches, are appropriate to the child’s learning difficulties and do not call for resources beyond those usually available to the school.

There are approaches which with the benefit of advice, equipment or other provision the school could effectively adopt within its resources.

The statutory assessment will have contributed significantly to the school’s, parent’s and the Local Authority’s knowledge of the child. The Local Authority will therefore consider issuing a note in lieu of a statement, setting out reasons for its conclusions, with supporting evidence from the statutory assessment. All advice collected as part of the assessment will be sent to parents, and, subject to their agreement, to the child’s school and any other professionals who have given advice during the assessment process.

Page 36 PRINCIPLES FOR STATEMENTS


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Page 37


Ceasing to maintain a statement

There are two different ways in which a statement may come to an end.

The statement will lapse when the child is no longer the responsibility of the Local Authority, for example if she or he leaves school, moves into the further or higher education sector, or to social services provision, or out of the area.

Alternatively, the Local Authority may decide to cease to maintain the statement (sometimes referred to as ‘destatementing’) if it believes that it is no longer necessary to maintain the statement. The Local Authority will expect to case to maintain the statement if the child no longer has a learning difficulty, which calls for special educational provision.

There is no assumption that, once it has made a statement, the Local Authority should continue to maintain it until it is no longer responsible for the young person. Provision made in respect of a disability may no longer be needed, for example as a consequence of a successful medical or therapeutic intervention. In other cases, objectives addressing, for example, specific learning difficulties or emotional/behavioural difficulties, may be achieved through well-managed, time-limited intervention, including resourcing on a tapering basis.

The Local Authority recognises that even where progress is being made, it will not be appropriate to cease to maintain a statement, simply because the child has just reached a point where she or he would no longer meet the principles for drawing up a statement. However, progress to the point where the child’s attainments lie at the 5th

percentile on reliably administered, standardised tests will constitute strong evidence that the child no longer has s difficulty in learning that calls for special educational provision.

Any decision to cease to maintain a statement will be based on the results of recent annual reviews and consideration of advice from the child’s parents, school, the educational psychologist and other agencies, for example Social Services or Health Service professionals.

Before deciding whether to cease to maintain a statement, the Local Authority will consider whether:

The objectives of the statement have largely been achieved – and that it is unnecessary to set out further (or modified) objectives in a statement.


CEASING TO MAINTAIN A STATEMENT

The child no longer has a learning difficulty

i. either because she or he no longer has a significantly greater difficulty in learning than the majority of children of the same age.

ii. and/or because she or he no longer has a disability which prevents or hinders the child from making use of educational facilities

The child’s needs could be met in future within the resources of mainstream schools within the area.

Any remaining non-educational needs can be net from resources generally available through the Social Services Department or the appropriate NHS Trust.

There is no longer a need for continuing Local Authority oversight of the provision to be made.

There is no longer a need to specify a disapplication or part or all of the National Curriculum Programmes of Study or Assessment Arrangements.

It is satisfied that progress is unlikely to be haltered or reversed if the special educational provision specified in the statement or modified provision is no longer made.

Principles for deciding whether a child continues to have a difficulty in learning

The Local Authority will consider carefully evidence from annual reviews, including information relating to National Curriculum assessments and results of reliably administered, standardised tests of literacy, when judging whether the child continues to have significantly greater difficulty in learning than the majority of children of the same age. The Local Authority will not normally consider ceasing to maintain a statement solely because there has been an improvement in the child’s attainments. Any decision to cease to maintain the statement will be based on consideration whether:

There are no longer significant discrepancies between the child’s attainment across different core subjects of the National Curriculum.

CEASING TO MAINTAIN A STATEMENT page 39


There are no longer significant discrepancies between the child’s attainments in assessments and tests in the core subjects of the National Curriculum against the attainment of the majority of children of his or her own age, ie:

Key Stage 1 ~ Level 1 attained



The child’s attainment s in literacy are not significantly below that of peers, as indicated through reliably administered, standardised tests, whether administered by the school, other teachers or an educational psychologist. The Local Authority will consider that performance at or above the 5th percentile on such tests indicates that any discrepancy is no longer significant, as exemplified in the table below:

CHRONOLOGICAL

AGE

TEST OF BASIC

READING (W.O.R.D.*)

TEST OF READING

COMPREHENSION(W.O.R.D.*)

TEST OF WORDREADING (BASII*)

8 years 6 months 6 years 3 months 6 years 3 months 6 years 4 months
















*closed test used by, and required to be administered by, an educational psychologist


CEASING TO MAINTAIN A STATEMENT

END OF BOOKLET.


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