Accessing and Funding of Education and Care

What to do if you think your child may have learning difficulties

If you have concerns or worries about your child's physical, emotional, intellectual and social development you can seek advice from your doctor or health visitor who can provide you with information about the next steps to take. This can be before your child has started education or whilst they are in an educational setting.

You know your child better than anyone so if you think that your child may have a special educational need that has not been identified by the school you can take action by talking to your child's teacher, to the Special Educational Needs Co-ordinator (SENCO) or to the head teacher straight away. Working with your child's teacher and the school's SENCO can help to identify and assess your child's needs and the SENCO can advise you on the next steps to take, if necessary.

The Special Educational Needs Code of Practice offers guidance to early education settings, local authorities, state schools and anybody else that helps to identify, assess and provide help for children with special educational needs. The code sets out the processes and procedures that all these organisations should follow to meet the needs of children. Free copies of the SEN Code of practice are available from the Department for Children, Schools and Families on the DCSF website at www.teachernet.gov.uk/wholeschool/sen.

Assessments, statements and funding

Once it has been decided that your child has a special educational need the law states that all state schools must do their best to see that special help is provided for them. Some children's needs can be met by their mainstream school with the help of outside specialists, but where this is not possible the local authority (LA) will have to make an assessment of the child's educational needs, based on specialist advice.

If the LA decide that the child needs special help they must write a statement of special educational needs. This is usually referred to as 'a statement' and describes all the child's needs and the special help that is needed. The statement is a detailed investigation to find out what special help your child needs and is only necessary if the school or early education setting cannot provide all the help that your child needs.

If your child still needs extra help, the LA may decide to carry out a more detailed assessment of your child's needs. Your child's school of early education setting can ask the LA to carry out a statutory assessment or you can ask for this directly, but where possible you should talk to your child's teachers and SENCO before asking the LA. The LA will normally have six weeks to decide whether to carry out a statutory assessment.

Assessment process

Funding

Local authorities will identify, assess and, where necessary, provide statements for children with special educational needs. Once a statement has been issued, the LA has a clear and non-delegable duty under the Education Act 1996 to arrange the provision and funding for the child. Parents have a right to be involved in arrangement of provision, and LAs have the chief responsibility for dialogue with parents over the entitlement.

Tribunals

If you disagree with the assessment decision the local authority are obliged to tell you about the local arrangements for sorting out disagreements and your right to appeal to the First-tier Tribunal (Special Educational Needs and Disability). You have the right to appeal to the Tribunal even if you are using the disagreement resolution process, which is a quick and informal way of resolving problems and sorting out disagreements between parents and the LA.

Parents can appeal to the Tribunal in the following cases:

• If the LA will not carry out a formal assessment of their child's special educational needs or refuses to issue a statement of their child's special educational needs
• If the LA has made a statement or has changed a previous statement a parent can appeal against the school named in the statement
• If the LA refuses to change the school named in their child's statement, if that statement is at least a year old
• If the LA refuses to reassess their child's special educational needs if the LA has not made a new assessment for at least six months
• If the LA decides to cancel their child's statement or decides not to change the statement after reassessing their child

Appeals to the Tribunal must be made no later than two months after the LA tell you their decision.

The Special Educational Needs and Disability panel is made up of three people; a Chair and two specialist members with experience and expertise in the area. Parents can either attend on their own or with the support of members of voluntary organisations and parent groups. The Tribunal will look at all of the evidence in order to make a final decision and compare the LA's actions in relation to the SEN Code of Practice.