Special Educational Needs?
Some parents might not be aware that their child is having problems at school: at home their son or daughter may be the ideal child, always helpful, never getting into trouble.Some schools may not be aware when a child in their care is experiencing problems: at school he never misbehaves, is always quiet and attentive, if not the life and soul of the class. But at home things may be very different.
If any of the above applies, then this Information Sheet may help you. Remember, things take time: if you believe that your child has a problem which may hinder his ability to learn or interact with others while at school without some form of support, then the quicker you act the sooner that help can be given.
Definition of Special Educational Needs:
The Education Act 1996, section 312, explains that a child has SEN if they have a learning difficulty which calls for special educational provision to be made for them. A child has a learning difficulty if they:
a) have a significantly greater difficulty in learning than the majority of children the same age; or
b) have a disability which prevents or hinders them from making use of educational facilities of a kind generally provided for children of the same age in schools within the area of the LEA.
Children with Special Educational Needs are covered by the revised Special Educational Needs Code of Practice which took effect from January 2002 and reflects changes in the Disability Discrimination Act 1995, the Education Act 1996, the Human Rights Act 1998 and particularly the SEN and Disability Act 2001.
You can see and print out the document at the DfES website at www.dfes.gov.uk/sen
and paper copies can be obtained by ringing the DfES at 0845 602 2260.
The main points of the revised Code are:
It still emphasises that parents must be listened to and that their opinions must be sought and taken into account. These are the various levels of help as outlined in the Code:
1. Differentiated Learning
2. School Action (Early Years Action if the child is between 3 and 5 years of age)
3. School Action Plus (or Early Years Action Plus)
4. Statutory Assessment
5. Statement of Special Educational Need.
If you or your child’s school think there is a problem which is preventing him from progressing either academically or socially, then the school will probably start with –
1. Differentiated Learning: This means that your child’s subject or class teacher will try to help him through learning opportunities that are slightly different from those set out in the National Curriculum. It may mean that he is allowed to complete less work than his classmates; that work is broken down into easy stages for him; that he uses differentiated worksheets to fit his own abilities better, etc. So speak to your child’s teacher first. If this does not seem to help –
2. The school will initiate School Action (or Early Action for 3-5 year olds). This means the class teacher/subject teachers or SENCO (Special Educational Needs Coordinator), have identified that he needs interventions that are additional to or different from those provided. He will also get an IEP – an Individual Education Plan. This Plan must list the nature of the difficulties, short term targets, teaching strategies and provision, review dates and importantly the outcome of action taken. IEPs should be discussed with parents and child, a copy given to parents, reviewed regularly and at least 3 times a year. If he is still not making adequate progress; has emotional /behavioural difficulties which interfere with his/others learning; sensory/physical needs requiring specialist help etc then –
3. The school will initiate School Action Plus (or Early Action Plus). At this stage, following a review of the IEP and after consulting with parents, the SENCO will contact external support services e.g. speech and language therapists, Teacher Advisers etc. They will give support, advice and help set new targets. Where there is still a concern after a further period then -
4. A Statutory Assessment will be requested. If your child’s school decide that his needs remain so substantial that they cannot be met effectively by the school, even after they have taken action to meet your child’s learning difficulties as mentioned above, they can ask the LEA (and with your consent) to make a Statutory Assessment of your child’s needs. This will mean that various professionals, including the LEA Educational Psychologist attached to his school, will see him. You can formally request an Assessment too under section 328 or 329. You may need to do this if your child’s school does not feel he has any problems, or thinks that his difficulties are not affecting him enough to warrant this next step. The LEA must comply with this request and must inform the child’s head teacher.
You will find useful model letters at the IPSEA website which you can use – www.ipsea.org.uk .
NB In a small minority of severe cases it is not necessary for your child to have gone through School Action and School Action Plus before you or the school request a statutory assessment.
LEAs must decide within six weeks whether to carry out an assessment. They will have looked at all the evidence provided by the school; parents (you have 29 days to make your representations in this period); and other involved professionals - including attainments, teacher’s records, IEP outcomes, social/communication problems, emotional/behavioural difficulties etc.
Should the LEA decide a statutory assessment is NOT necessary they MUST write to you and explain the reasons and the provision they consider would meet the child’s needs. You may appeal to the SEN Tribunal against such a decision. If the statutory assessment is to be carried out the LEA will seek further parental, educational, medical, psychological, social services advice from all concerned who must respond within 6 weeks. They must seek the views of the child either directly or through third parties if more suitable. Your child may be called for an examination or assessment. A decision by the LEA on making a Statement must be made within 10 weeks.
Statement Of Special Educational Needs:
Once it has been determined that a Statement is necessary to provide for the child’s needs the LEA must draft a proposed statement within two weeks and send a copy to the parents, including copies of all the advice received. It must state: a) assessment of the special educational needs; b) the provision which will be made to meet those needs; c) any non-educational needs and provision.
The Statement should now be checked extremely carefully to ensure it covers the child’s needs accurately. Advice and information can be obtained from ACE and IPSEA (see Other Sources of Help below). At this point you can express a preference for the school at which you wish your child to be educated, and request a meeting to discuss the contents of the statement within 15 days of receiving the proposed statement. At any meetings or discussions parents can be accompanied by friends, relatives or a member of the local parent partnership organisation.
Should the LEA not agree with your choice of named school they must inform you of your right of appeal to the SEN Tribunal and the time limits allowed.
A copy of The Final Statement must be issued within 8 weeks of the proposed statement when all points have been agreed upon, or immediately when all differences have been resolved.
SUMMARY OF TIMINGS:
Some LEAs feel that a statutory assessment is enough: the school now knows what they are dealing with, and can start putting in place various strategies to help your child. Instead of writing a Statement, some LEAs may produce a “Note in Lieu”. However, there is no legal duty on any school to put procedures or strategies in place unless they are documented in the Statement of Special Educational Need. And if you want your child to go to a specific LEA school, or for the LEA to pay the fees for your child to go to an independent special school, the school must be named in the Statement.
Only a small percentage of children who have a learning disability and a Statement of Special Educational Need cannot cope in their local mainstream school: with the right help and support from both family, school and classmates, many young people with special educational needs can thrive and succeed in mainstream schools, go on to further education and lead perfectly normal, independent adult lives. But for those children whose problems are particularly severe there are state schools which have their own special units, state special schools, and independent special schools to be considered.
If you are the only one who sees a problem – speak to your child’s teacher first.
Talking to Teacher:
Get their feelings of how your child is coping in class. Ask if whoever is on playground duty could keep an eye on him at break and lunch-times: is he always alone? Is he the scapegoat in any games? Is your child always a wall-flower, or a ‘hanger-on’, never invited to join in and play with the others? Suggest that now you have raised your concerns with the teacher, she keep an eye on him for a few weeks before meeting with you again.
Private Education
If your child is at an independent school and you and/or his teachers have concerns, as before, you or the school can contact the LEA to request a statutory assessment, and the LEA must follow the same practice and procedures as if the child were in a maintained school.
Parent Partnership
All LEAs now have a legal obligation to provide a Parent Partnership Service (PPS) and you should be told about this service when you contact the LEA requesting an assessment. OAASIS keeps all PPS contact numbers if you need them. They will be a useful source of information on how to write letters to the LEA, who to address them to, any time limitations, how to make an appeal, what other agencies can help you, etc.
Parent and pupil participation
The revised Code of Practice emphasises the importance of parent and pupil involvement, and you and your child (as long as he is capable of forming a view) have the right to receive and give information, and to express an opinion which will be taken into account in any matters affecting the child.
Other ways of getting a diagnosis: These methods will not automatically get you a formal assessment: but you may get a diagnosis of a condition by the doctor or other consultant which you can then discuss with your child’s school. This may then prompt them to request an assessment. Again, you should make the request yourself in writing, attaching copies of the doctor’s or consultant’s report.
You can ask your GP for a referral to a child assessment centre, or a consultant paediatrician. This would be done under the NHS. You will need to tell your doctor what concerns you have about your child’s schooling or social life. Be prepared for a considerable wait before you get your appointment.
You can pay privately for an opinion from an independent educational psychologist, a consultation at a private assessment centre, or, usually via a referral from your GP, with a consultant paediatrician. If a solicitor is already acting for you, in some cases the costs involved in getting an expert opinion (which can be quite high for a full assessment and written report) may be covered by legal aid, if you qualify.
Your child may not necessarily have a learning difficulty – he may be slightly hard of hearing, or short-sighted and need to sit closer to the teacher and the board, or need glasses.
Whatever the experts diagnose, you will probably find that there is a local support group near you where you will be able to talk to other parents of children with the same difficulties, and there may be a national organisation you can contact. You will not be alone.
Call OAASIS to see if we can help you find some local support.
Contact a Family keeps lists of all national support groups for childhood disorders and syndromes.
Their Helpline No is 0808 808 3555.
Website: www.cafamily.org.uk
The National Autistic Society will have details for autistic/Asperger Syndrome support groups at their website
www.nas.org.uk
Helpline No 0845 070 4004.
By investigating and learning all you can about your child’s condition, you, your child and his teacher can work together to help overcome the difficulties being experienced.
If your child receives a diagnosis of a learning difficulty from an independent assessment centre or consultant, the report you receive does not have to be used by your LEA when they are deciding whether or not to make a formal assessment. It will, however, indicate that experts believe that your child may have a problem, and copies of any such reports should be sent to your LEA if you are requesting an assessment. If the LEA decide to carry out a formal assessment then the LEA Educational Psychologist should consider these reports. Parents can also ask for other appropriate advice to be considered. Keep copies of everything you send, and don’t forget to date your letters.
The early recognition of any learning difficulty is paramount: so if you firmly believe that your child has a problem do not rest until he has, by one method or another, been assessed.
IF YOUR LEA refuses to assess your child, refuses to issue a Statement following an Assessment, or refuses, through the Statement, to provide your child with the amount of help and support his condition demands, or refuses to name the type of school or the individual school you believe will most appropriately meet his needs – THEN YOU CAN APPEAL. You may need specialist help to do this: see the OAASIS information sheet “Legal Help”.
SENDIST (Special Educational Needs & Disability Tribunal) is independent of central and local government, they decide and hear parents’ appeals against LEA decisions on SEN.
Visit their website www.sendist.gov.uk for further information.
SEN Helpline: 0870 241 2555
If your child’s case goes to Tribunal and you disagree with the Tribunal’s decision, you can appeal to the High Court if there is an error of law in that decision. This must be lodged within 28 days, and you are advised to seek proper professional legal help.
IF AT ANY POINT you disagree with your LEA’s decisions, you should consult an expert.
USEFUL BOOKS:
“Special Education Handbook” 9th edition.
Advisory Centre for Education. Practical advice on meetings with schools, examining a statement, disability rights, choosing a school, taking an appeal or complaint through the system.
Publisher: ACE, 1b Aberdeen Studios, 22 Highbury Grove, London N5 2DQ.
£17.99 + p&p. To order by credit card -
Tel: 020 7354 8318
or visit their Website at www.ace-ed.org.uk.
“Education and the Under Eights: A Guide to the Law”
Author: Rick Rogers, Advisory Centre for Education, The National Early Years Network.
Publisher: ACE (see above). £8.50 + p&p.
“Special Educational Needs Code of Practice”
(date of issue Nov 2001) Publisher: DfES. Copies are free.
Telephone DfES Publications: 0845 602 2260.
Web: www.dfes.gov.uk.
“Surviving the special educational needs system – How to be a velvet bulldozer”
Author: Sandy Row, an adoptive parent of 4 siblings who between them had autism, ADHD, dyspraxia and auditory processing problems. Tells her story of misdiagnoses, a long search for help, the SEN system etc.
Available from Jessica Kingsley Publishers
www.jkp.com
Tel: 0207 833 2307
“Making a Statement: The parents' guide to the statementing procedure for a child with SEN”
Publisher: Rathbone Special Education Advice.
£12.99 (£5 to single parents or low income).
Tel: 0800 917 6790.
They also produce a range of free publications, such as School Based Stages; Proposed Statements; Choosing a School; School Exclusions; School Admissions; Finding Funding; How to Complain; and others.
Other sources of help:
ACE (Advisory Centre for Education)
free Helpline 0808 800 5793.
Exclusion Helpline 020 7704 9822. Extensive booklist.
Website: www.ace-ed.org.uk
which offers several small booklets for download.
Contact a Family produces a helpful information pack called Disabled – education and disability – a parent’s guide to rights from nursery to university. Available from
0808 808 3555 or their website free of charge. The pack is relevant to England but a lot of it applies to Wales and some to Scotland..
CaF Scotland – 0131 475 2608.
Wales – 029 2049 8001.
N Ireland – 028 9262 7552.
Website: www.cafamily.org.uk
The DfES (Department for Education and Skills) website is at
www.dfes.gov.uk.v The Special Needs section has useful information on how to appeal and what to expect at a Tribunal, plus downloads.
IPSEA:
the Independent Panel for Special Education Advice, is a registered charity providing advice on LEAs’ legal duties towards children with special educational needs. It offers free second professional opinions for parents who disagree with an LEA’s assessment of their child and free representation at the Special Needs tribunal when parents want to appeal. All these services are provided by volunteers (who might be teachers, EPs, etc) who have undergone specialist training. Their website at www.ipsea.org.uk/ offers model letters for requesting an assessment, a reassessment, a meeting on a proposed Statement and preference for a particular school, changing a named school – and much more.
Advice Line: Tel: 0800 018 4016
Tribunal appeals: Tel: 01394 384711
General Enq: Tel: 01394 380518
ISEA (Scotland) - Advice Line 0131 665 4396.
National Autistic Society has two specialist Helplines: the Education Advocacy Helpline which helps with general SEN enquiries and the Tribunal Support Scheme for parents who are going to Tribunal, both on
0845 070 4002.
Website: www.nas.org.uk
Network 81
Tel: 0870 770 3306
1-7 Woodfield Terrace, Stanstead, Essex CM24 8AJ.
A national network of parents working towards properly resourced inclusive education for children with special needs.
Website: www.network81.co.uk/
Rathbone
Tel: 0800 917 6790
Provides literature, advice and support to parents of children in mainstream schools with special educational needs. They can advise on statementing, appeals and tribunals, exclusions and more.
Website: www.rathboneuk.org
SENAC (Special Educational Needs Advice Centre)
Tel: 028 907 95779
The Northern Ireland advice line service for information on the ELBs duty towards children with SEN, especially assessments and statementing issues, also assistance for parents appealing to SENDIST.
Website: www.senac.co.uk
Cambian Education Services run seven residential special schools and colleges for young people with autistic spectrum disorders, Asperger Syndrome/HFA, severe learning difficulties. OAASIS can give you advice on the schools and send you their prospectuses.
OAASIS produces 8 chargeable publications entitled ‘First Guide to…’; wallet sized cards explaining 9 learning disabilities and a wide range of free Information Sheets. Please contact OAASIS for the full list, or view them on the website at www.oaasis.co.uk. All the information sheets are checked annually, please ensure you have the current version.
Note: The OAASIS Information Sheets use ‘he’ ‘his’ ‘him’ rather than the cumbersome ‘he / she’ ‘his / her’ ‘him / her’. No sexism is intended.
© OAASIS (Office for Advice Assistance Support and Information on Special needs) This article can be freely reproduced with due attribution of authorship.