HE and Special Educational Needs - 2
Can I request a Statement of Special Educational Needs?
You can request a Statement, but it will only be of benefit to your child if he/she is attending a school. Whilst it may give you an idea of what your child’s special educational needs are, it is not a legally enforceable document for home educators. However, it can be useful if you wish your child to return to school in the near future, especially a special school. When home educators request an assessment for a statement, the same time frame is used as if the child was in school. You will need to allow time (at least 6 months) for this if you want your child to go to a special school, or to have support in mainstream.
If the LA wish to assess my child for a Statement, can I stop this?
You cannot legally stop the assessment process. As it is your right to request one, it is also the right of the LA to request one if they deem it necessary. However, it may be worth pointing put that it is waste of their resources when you do not intend to take up a school place.
What can I do if I don’t like what is contained in the Statement?
Whilst you cannot stop the assessment for a Statement, you can appeal against the Statement when it is complete if you wish. Information on this is contained in the SEN Code of Practice. IPSEA can help with these issues http://www.ipsea.org.uk/
Do I have to comply with the contents of a Statement?
Section 7 of the Education Act 1996 [and section 45(1) of the Education and Libraries Northern Ireland Order 1986 SI 1986/594 for Northern Ireland], where it states that parents must ensure the child receives an education suitable to age, ability and aptitude taking account of any special needs, takes priority over the Statement. Section 3 of the statement is only legally binding on the school listed in section 4.
What if the LEA says I must comply with the Statement?
You do not necessarily have to comply with the Statement. Baroness Ashton of Upholland, in the House of Lords on 21 October 2001, on behalf of the Government stated that it was expected that parents provide for the child’s special educational needs, but that the LA must recognise that the provision in a home educating environment would be different. Therefore, you still have to take account of the child’s special educational needs, but it can be in a different format to the provision outlined in the Statement.