Applying for Statutory Assessment PART 2 – The Law

Introduction This module will help you think about the reasons and introduce you to what the Law says.

The Documents Sections 36-50 of the Children’s and Families Act 2014. (CAFA) Section 2 of the Chronically Sick and Disabled Persons Act 1970, Sections 17, 20 and 47 of the Children’s Act 1989 The Special Educational Needs and Disability Regulations 2014 The Special Educational Needs (Personal Budgets) Regulations 2014 Special Educational Needs (Miscellaneous Amendments) Regulations 2014 The Community Care Services for Carers and Children’s Service (Direct Payments) Regulations 2009 The National Health Service (Direct Payments) Regulations 2013 The Special Educational Needs and Disability (Detained Persons) Regulations 2013 The Special Educational Needs Code of Practice 0-25 years 2015

EHCA Law in everyday language The Local Authority must consider whether a child or young person has, or may have, special educational needs. They also need to consider if special provisions need to be made with an Education, Health and Care Plan (EHCP) If the answer to BOTH is YES then they MUST carry out an EHC Assessment (statutory assessment). These are the only questions they should ask when making the decision whether to carry out an EHC Assessment.

Who can make the request? Section 36 CAFA 2014 The following individuals may ask a Local Authority to conduct an assessment for a CYP aged 0-25: The child’s parent A young person over the age of 16 but under 25 A person acting on behalf of a school or post-16 institution (e.g a SENCO) The following individuals may draw the attention of the Local Authority to the needs of a CYP preferably with the knowledge and consent of the parent or CYP Foster carers Health and social care professionals Early years practitioners Youth offending teams Probation teams Custodial education services School or college staff Family members or friends Those who most commonly make requests are highlighted in bold

Is an EHCA necessary? Section 36 CAFA 2014, Regulations 3, 4, 5 SEND Regulations 2014 Once a request is made (or a CYP is bought to the LA attention) the LA MUST decide if an assessment is necessary. The LA MUST make a decision and communicate this within 6 weeks of receipt. If there has already been an assessment within the last 6 months the LA does not need to consider the request again and it is in their rights to automatically refuse. The LA MUST notify the family if is considering that an EHCA is possible.

What does the LA do once they receive the application? They have undertaken an assessment in the previous 6 months. They do not consider the child has SEN They do not consider the SEN to require additional information or that an assessment will provide this information They do not consider the CYP will need an EHCP Refusal There may be a need for assessment but further information is needed. The initial request was not detailed enough The information from other sources does not say the same Might Assess The LA will seek information from other sources They will commission a full assessment of needs Assess

If they think Special Educational Provision in the form of an EHCP is needed, the LA will notify… The parent/CYP The health service Local Authority officers responsible for the social care of CYP with SEN The manager/head teacher of any educational setting the CYP attends The LA is required to involved families from the earliest possible stage.

Gathering Evidence To decide whether to assess the LA will need to gather its own evidence. Remember the LA is only required to consider 2 questions (and the answer must be YES to both) Whether a child or young person has, or may have, special educational needs. If special provisions need to be made with an Education, Health and Care Plan (EHCP) They are likely to approach the individuals on the following slide for their input.

Information from… Educational Provider Educational Attainment Progress SEN Educational Provider Medical See if they have identified a need and taken relevant actions to identify, assess and meet those needs See if the CYP has made expected progress Action Academic attainment Development milestones Rate of progress Evidence that progress made has been as a result of considerable intervention/ support over and above what would normally be provided Nature, extent, context of their SEN Evidence of physical, social, emotional development Evidence of actions already in place

LA Law and the Real Law… In the CoP LA have been told they may develop their own criteria as guidelines to help them decide if an assessment (or a plan) is necessary. NOTES: LA MUST be prepared to depart from criteria LA MUST NOT apply blanket policies to groups of children/needs When requesting information from others they are not allowed to demand certain things. Commonly they will tell you that schools have failed to: demonstrate they have spent £6k (or another figure) on your child document evidence of the Assess, Plan, Do, Review (APDR) Cycle over a number of terms (the number of terms varies across LA but is often quoted as 3). commission a recent report from an Educational Psychologist The above are NOT required to initiate an assessment

Conclusion You are now armed with the relevant sections of the Law and an understanding of what a LA can or cannot request/do. You are ready to write your letter requesting an assessment. Have a go at the quiz and move to module 3.