-  have not been met by relevant and purposeful measures taken by the school and external   specialists, and

- may call for special educational provision which cannot reasonably be provided within the resources normally available to mainstream schools in the area

the LEA should consider very carefully the case for a statutory assessment of the child's special educational needs.

The Conduct of Statutory Assessment

Where under section 167(1) or 174(2) the LEA serve a notice on the child's parent informing him or her that they propose to make an assessment under section 167, they shall within six weeks of serving that notice give notice to the child's parent under section 167(4) 174(5) of their decision to make an assessment, or under section 167(6) or 174(6) of their decision not to make an assessment.

(Regulation 11(1) and (2))


Where under section 172(2) or 173(1) a parent asks the LEA to arrange for an assessment to be made under section 167, the LEA shall within six weeks of receiving that request give notice to the child's parent under section 167(4) of their decision to make an assessment, or under section 172(3)(a) or 173(2)(a) of their decision not to make an assessment and of the parent's right to appeal to the Tribunal against that decision.

(Regulation 11(3))

Consideration against the criteria

3:95. Drawing on the criteria set out above, the LEA must now decide whether the evidence from the child's parents and school suggests that a statutory assessment is required.


Decision not to make a statutory assessment

If the LEA decide not to assess the educational needs of the child concerned, they must give notice in writing to the child's parents of that decision.

(Section 167(6))

3:96. The decision not to make a statutory assessment may be a severe disappointment to the child's parents and may also be unwelcome to the child's. school.  The LEA should therefore write to the school, as well as the child's parents, giving full reasons for their decision.  Parents who have formally requested a statutory assessment under section 172 or 173 may