Special Educational Needs
Children with special needs
A child who has special needs should get extra assistance at
school if they have significantly more difficulty learning than
other children of the same age or have a disability which affects
how they can use educational facilities that are usually provided
for children of the same age in the same area.
A learning difficulty can be the result of, for example:
- a disability
- behavioural problems
- problems in learning to read
Your child does not have a special need just because the
language they speak at home is different from the language used at
school.
In most cases, the school should decide what help children with
learning difficulties need. If you have any worries about how your
child is coping at school you should first discuss this with the
school themselves. Children who have significant difficulties will
need what is known as "A Statutory Assessment" from the Local
Education Authority. If you think your child has learning
difficulties you can ask for such an assessment to be carried out.
There is a legal process which the Local Education Authority must
follow to decide if your child does need a Statutory Assessment. If
they refuse to assess your child you can appeal to a special
Educational Needs Tribunal.
If the Local Education Authority decides that your child needs
an assessment, they must ask for reports on your child from:
a) you
b) a doctor
c) an Educational Psychologist
d) the school
You have the right to be present at any examination of your
child. If you refuse to let your child be examined by a health or
educational professional, the Local Education Authority might take
you to Court to compel you to do so.
Your own report on your child can include your opinions and
experiences and reports by other professionals who may have seen
your child.
The Local Authority must then decide whether your child does
need the type of help that they can only obtain through "A
Statement of Special Educational Needs". This is a legal document
produced by the Local Education Authority which sets out your
child's learning needs and the help they should receive to meet
those needs.
The Statement must also specify where your child will be
educated although this may continue to be at the school which your
child is already attending. Indeed, most children with Statements
are taught in ordinary schools.
You have the right to appeal to a Special Educational Needs
Tribunal if you do not agree with what the Local Authority has
decided for your child in the Statement.
Please note that although every effort is made to ensure that
this page is accurate and up-to-date, it should not be treated as a
complete and authoritative statement of the law and does not
constitute legal advice - we cannot be held liable for any
inaccuracies and their consequences. This information is written
for people resident in, or affected by, the laws of England and
Wales only.
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