Notice of a proposal to make a statutory assessment

3:9.   The LEA will then consider whether to issue, under section 167(1), a notice to the parents that the LEA propose to make an assessment.


Before making an assessment, the LEA must write to the child's parents to explain their proposal.  The LEA must also inform the parents of the procedure to be followed in making an assessment; of the name of the officer of the authority from whom further information may be obtained; and of their right to make representations and submit written evidence within a given time limit, which must not be less than twenty-nine days.

(Section 167)

3: 10.   When issuing such a notice, the LEA must:

i.  tell parents of their right to make representations and submit written evidence.  The LEA must set a time limit, which must not be less than 29 days.  The LEA should encourage parents to make representations and to submit evidence, pointing out the importance of their contribution.  When parents make representations orally, the LEA should agree a written summary with the parents.  The LEA may invite parents to indicate formally if they do not wish to make or add to representations, in order that the LEA can then immediately consider whether a statutory assessment is necessary

         ii.  tell parents the name of an officer of the LEA who liaises with the parents over all the arrangements relating to statutory assessment and the making of a statement.  This person is often known as the Named LEA Officer (see Glossary)

iii.  set out clearly for parents the procedures that they will follow during statutory assessment and the possible subsequent drawing up of a statement.  The LEA should also explain the precise timing of each of the various stages within the overall six-month time limit; indicate ways in which parents can assist the LEA in meeting the time limits; and explain the exceptions to the time limits.

3:11.   LEAs should also:

i.  give parents information about sources of independent advice, such as local or national voluntary organisations and any local support group or parent partnership scheme, which may be able to help them consider what they feel about their child's needs and the type of provision they would prefer

ii. tell parents about the role of the Named Person (see Glossary).  This is someone who is preferably independent of the LEA and who can give the parents information and advice
about their child's special educational needs, supporting them in their discussions with
the LEA.  The LEA should explain the difference between the Named Person and the
Named LEA Officer.  If the LEA do eventually make a statement, they must, at that stage,
write to the parents, confirming the identity of the Named Person - see paragraphs 4:70-4:73. But there can be advantage in the LEA and the parents considering the

40