Considering whether a statutory assessment is necessary

3:31.   The first task for the LEA, having notified the parents that a statutory assessment might be necessary or having received a request from the parents for such an assessment, is to decide whether a statutory assessment must be made.  The timetable is as follows:

LEA conclude that it may be necessary to make a statement.  Under 167 (1), the LEA must inform parents that they propose to make an assessment, giving parents at least 29 days to make representations.


ii. Parents under 172 (2) or 173 (1)
formally request a statutory assessment.


iii. Governing body of GM school, directed under section 13 to admit a pupil, request under 174(1) statutory assessment.  LEA must inform parents under 174(2) that they propose to make an assessment, giving parents at least 29 days to make representations.

Within 6 weeks of issuing a notice under 167 (1), the LEA must tell parents that they will or will not make a statutory assessment.  The period within which parents may make representations is part of the 6 weeks.

Within 6 weeks of receiving the request, the LEA must tell parents that they will or will not make a statutory assessment.


Within 6 weeks of serving the notice under section 174(2), the LEA must tell parents and the governing body that they will or will not make a statutory assessment.  The period within which parents may make representations is part of the 6 weeks.


Making the assessment and the statement
3:32.   Having decided that the statutory assessment must be made, the LEA must seek parental, educational, medical, psychological and social services advice.  They must also seek any other advice they consider appropriate and, where reasonable, consult those whom the parents have named.  They should do so immediately and should ask all concerned to respond within six weeks.

3:33.   The health services and social services departments must normally respond within six weeks of the date of receiving the request.  Some weeks earlier, the LEA will have notified the designated medical officer and the designated officer of the social services department of the possibility of an assessment and should have, at the same time, sought the parents' consent to their child being medically examined as part of any assessment.