3.  Statutory Assessment of Special Educational Needs

Introduction: Stage 4

3:1.   The needs of the great majority of children who have special educational needs should be met effectively under the school-based stages, without the statutory involvement of the local education authority.  But in a minority of cases, perhaps two per cent of children, the LEA will need to make a statutory assessment of special educational needs.


LEAs must identify and make a statutory assessment of those children for whom they are responsible who have special educational needs and who probably need a statement.

(Sections 165 and 167)


3:2.   Statutory assessment is the focus of stage 4 of the five-stage model.  Stage 4 involves:

-   first, consideration by the local education authority, working co-operatively with the child's school and parents and, as appropriate, with other agencies, as to whether a statutory assessment of the child's special educational needs is necessary and

-   second, if so, conducting that assessment, again working co-operatively with parents, schools and other agencies.

3:3.   An assessment under section 167 of the 1993 Act should be undertaken only if the authority believe that they need or probably need to determine the child's special educational provision themselves by making a statement.  But statutory assessment will not always lead to a statement.  The information gathered during an assessment may indicate ways in which the child's needs can be met by his or her school without any special educational provision being determined by the LEA through a statement.  It may be, for example, that the provision of a particular piece of equipment would allow the school, guided as appropriate by expert help, to meet the child's needs.

3:4.   This Part of the Code sets out:

·   the means by which a child may be brought to the LEAs attention and the procedures the LEA should follow

·   the time limits within which assessments and statements must normally be made

·   criteria for making statutory assessments

·   the procedures and practices the LEA should follow in making statutory assessments.