How do I get a statutory assessment for my child?

A parent/carer of a child can ask for a statutory assessment. This request should be made in writing and should be dated.

There is a 6 week time limit for the Education Authority to respond to this written request for a statutory assessment to say whether or not they will carry out the request.

A school can request a statutory assessment and will do so when it has tried all available teaching and learning strategies within the schools own resources and is of the opinion that the needs of the child cannot be met by the school alone and help from the Education Authority is required.

You can make a parental request for a Statutory Assessment using the following link: https://www.eani.org.uk/parents/special-educational-needs-sen/statutory-assessment

When is a statutory assessment likely to be carried out?

Many children do not require a statutory assessment in order to ensure that their needs are met at school. This is because the school itself can take action to help the child to learn at school.

On the other hand, when a child’s needs are significant and/or complex it may be necessary for the Education Authority to carry out a statutory assessment to find out whether extra support, provided directly by the Education Authority is required e.g. a classroom assistant.

Often a child will already be on Stage 3 of the Code of Practice when a request for a statutory assessment is made. However, the 5 stages are not “hurdles” which have to be crossed in turn and in some complex or serious cases it is appropriate to request a statutory assessment when no previous action has been taken at stages 1-3.

What is a statutory assessment?

A statutory assessment is a process of gathering full, up to date information about a child’s needs and the impact of their learning difficulty on the child’s school experience.

The Education Authority gather information called “advices” from parents/carers, the child’s school, relevant professionals such as an educational psychologist, a child’s therapist, medical professionals involved with your child, social services and any other relevant persons.

When the Education Authority have collected all of the advices they will examine the findings and decide whether it is necessary for the Education Authority to take the lead responsibility for the child’s special educational provision by making a statement of special educational needs.

What are the “Stages of the Code of Practice”?

The stages come from the “Code of Practice on the Identification and Assessment of SEN”.  The Code is statutory guidance and there is a legal duty upon decision-makers to have regard to it.  The current Code has 5 stages.  However, a new SEN framework, which has 3 stages, is gradually being rolled out by the Department of Education and the Education Authority (EA).

You can find out more about the stages in our SEND Parent / Carer Information Sheet, developed along side Angel Eyes as part of our EqualEyes project.

What is the “Code of Practice”?

The Code of Practice and supplement are booklets containing statutory guidance produced by the Department of Education which contain straightforward guidance about children’s legal rights to have their needs identified, assessed and met using the principle of early intervention. The Code and supplement also include useful practical examples.