I think my child has got serious problems. Can s/he get a Statement quickly?
What is an Annual Review?
What is the difference between Educational and non-educational provision?
What should I include in my contribution about my child?
What Should I Do When the Proposed Statement Arrives?
What happens after I have seen the Proposed Statement?
How Do I Know the Statutory Assessment is Progressing?
How Do I Keep in Contact During The Assessment With The Relevant Professionals?
Who must Provide Advice on My Child?
Who Will Be Providing Medical Advice on My Child?
How is a Decision Made that my Child Needs a Statement?
Does My Child Get Everything in the Statement?
What is a Note in Lieu?
How Long Will the Statutory Assessment Take?
If a Statement is Made, When Will it Take Effect?
Will the Provision be made even if I object?
Who Gets a Copy of the Statement?
Will My Child Be Re-assessed?
How Do I Get My Child Re-assessed?
How Long Does The Statement Last?
What Happens If My Child Changes School/Board Area of Leaves Northern Ireland?
I Am Due To Move To Northern Ireland And My Child Has A Statement What Happens?
I think my child has got serious problems. Can s/he get a Statement quickly?
A Statutory Assessment cannot be rushed. Important decisions are involved that may shape your child’s future schooling for some time to come. These decisions must be based on accurate and comprehensive information. In order to be sure that your child’s rights are respected, the law requires that in every case a minimal time period is set for each part of the process. The Special Education Section will endeavour to complete the whole process as quickly as possible. While the Board is carrying out Statutory Assessment your child should continue to receive help and support from the school until the assessment process is completed. You can also ask the school or the educational psychologist for advice as to how you can help your child meanwhile.
What is an Annual Review?
To discuss your child’s educational progress you will be invited to a formal meeting (called the Annual Review) every year. This meeting will consider if your child’s needs have changed and whether they are being suitably met. A record of the meeting is sent to the Special Education Section of your local Board. The school must consider the outcome of the Annual Review and may make changes to your child’s Education Plan. If the outcome of the Annual Review suggests major changes are necessary, the Special Education Section will contact you on how they propose to take matters forward.
What is the difference between Educational and non-educational provision?
Special Education support is normally provided by the school.
Educational Provision is divided into 3 sub-sections in Part 3 of a Statement of Special Educational Needs.
The first sub-section sets out the main educational objectives that the special educational provision is planned to achieve. This is stated in broad terms during the period which the statement is maintained by an Education Board.
The second sub-section sets out the special educational provision that the Board considers appropriate to meet your child’s learning needs. These will sometimes be met by the Board for example by providing advice or teaching support, through funding a school or by the purchase of special equipment. In other cases your child’s school will be able to make the provision with advice or support from the Board.
This sub-section would also detail if your child may require any disapplications from the Northern Ireland Curriculum and the arrangements to deliver a broad and balanced curriculum suited to your child’s special educational needs.
In addition if your child was approaching GCSE or vocational examinations, this sub-section may also detail special arrangements for completion of the exams for example extra time, papers in large print etc.
The third sub-section will detail the time the school will take to set short-term educational targets. These would normally from part of your child’s education plan and will be shared with you. These targets are not part of your child’s Statement and will be reviewed at regular intervals which may be termly.
This sub-section will also specify the arrangements for the annual review.
Part 4 of a final Statement will detail the special educational provision in terms of type of school or the provision for education otherwise than at school that a Board considers appropriate.
This part will be left blank when a Board issues a proposed Statement.
Non-educational Needs are detailed on Part 5 a child’s Statement and Part 6 will detail the provision to meet the needs as identified in Part 5 and the objectives it is expected the provision to meet.
In some instances this could be provision of transport of access to or provision of ICT equipment. In many instances however the provisions will be met by the Health and Social Services Trusts for example occupational therapy.
What should I include in my contribution about my child?
When a Board writes to a parent/carer to tell them that it has decided to make a Statutory Assessment of your child’s special educational needs it will ask you to give it any information you think is relevant. The form that a Board uses to gather this information asks particular questions which should help you think through all the stages of your child’s development.
You are invited to add any other comments you think might be helpful and also to submit any reports of evidence from voluntary agencies, other professionals or close family member.
If you want any help with this you are welcome to contact the ‘named officer’ on your letter. The ‘named officer’ is the person who is responsible for making sure all the information the Board needs to make a Statutory Assessment is gathered. This person will also decide if the Board will maintain a Statement and for drafting the proposed Statement for your child.
What Should I Do When the Proposed Statement Arrives?
When the Proposed Statement is sent to you there will be a covering letter which will tell you what to do. You should read the Statement to see if you agree with it and you will also be invited to tell us which school you would like your child to attend. You will have 3 weeks (15 working days) to reply and during this time you are welcome to telephone or meet with the ‘named officer’ to discuss the content. If you need more time, you can ask for it at your local ELB.
What happens after I have seen the Proposed Statement?
If you have agreed, the Board will request a place for your child in the school of your choice. It may be that your child does not need to move school but the Board still needs to send the proposed Statement to the school and ask the school if it can meet your child’s special educational needs as written on the Statement. The school will be told what additional help, the Board will provide.
Once the school replies you will be told and the Board will send you a final Statement. You are welcome at all stages to contact the ‘named officer’ for help, advice or guidance.
Should you not be satisfied with the final Statement the Board gives you information on the Dispute And Resolution Service (DARS). This is an independent advice and reconciliation support service.
If you are still not satisfied you have the right of appeal to the Special Educational Needs And Disability Tribunal (SENDIST).
How Do I Know the Statutory Assessment is Progressing?
You can telephone the Board and speak to a member of staff in the Special Education Section. S/he should be able to tell you what advices still have to be returned and how matters are progressing.
How Do I Keep in Contact During The Assessment With The Relevant Professionals?
It would be expected that all the professionals would have written to you and shared the advice they intend to send to the Board before it comes to us. You would be able to contact them to discuss any matter that concerned to.
Who must Provide Advice on My Child?
The law states that a Board must seek advice from certain people. They are-
- Parent/carer
- Community Paediatrician
- Educational/school (if your child attends school/nursery school)
- Educational Psychologist.
The Board will also ask for any other information it feels may help understand your child’s particular special Educational needs.
Who Will Be Providing Medical Advice on My Child?
Even if your child has no known medical needs/difficulties your Health and Social Service Trust must provide Medical Advice. The Designated Medical Officer is responsible for collating all advice from allied medical professionals e.g. Speech and Language Therapists, Occupational Therapists and Social Services staff if relevant.
How is a Decision Made that my Child Needs a Statement?
The legal definition of Special Educational Needs contained in Part II Article 3(1) of the Education (Northern Ireland) Order 1996 states:
“For the purposes of the Education Orders a child has “special educational needs” if he has a learning difficulty which calls for special educational provision to be made for him”
Para (2) further states:
For the purposes of this Part………a child has a “learning difficulty” if –
(a) He has a significantly greater difficulty in learning than the majority or children of his age,
(b) He has a disability which either prevents or hinders him from making use of educational facilities of a kind generally provided for children of his age in ordinary schools.
When the ‘named officer’ receives all the advices they are read carefully. If necessary he/she will contact the advice giver(s) to discuss the content. If he/she is satisfied that your child meets necessary criteria a proposed Statement will be drafted for your approval.
Does My Child Get Everything in the Statement?
Part 3 of the Statement will detail the provision that is needed to meet your child’s special educational needs. This provision will be made available to your child. If there is any problem the ‘named officer’ will contact you or you can contact the officer if you are not satisfied with the provision so that suitable arrangements can be made.
What is a Note in Lieu?
In some cases after the Statutory Assessment process the Board will decide that a child does not have special educational needs as defined in the Education (Northern Ireland) Order 1996. In these circumstances the Board will issue what is referred to as a “Note in Lieu”.
The Board will write and tell you the reasons for its decision and explain what resources there are within the school to meet your child’s needs. The Board will also make sure that you get copies of all the information and advice it received during the Statutory Assessment process and that the school your child attends has the same information.
It may be useful in some cases to have a meeting between yourself, the school and the ‘named officer’.
How Long Will the Statutory Assessment Take?
The Boards are committed to ensuring that the Statutory Assessment is completed as quickly as possible. From the date of the first notice to parents/carers to say that the Board is considering making a Statutory Assessment until the issue of a final Statement may take 26 weeks. However in some instances it may take a shorter period, in some cases a little longer. This depends of how long the people the Board must ask for advice take to respond. In some cases the law states how long they must take but in other cases it doesn’t.
If a Statement is Made, When Will it Take Effect?
A Statement takes effect from the date it is signed. It may refer to provision that will be made for example from September when your child starts school or transfers to a different school.
Will the Provision be made even if I object?
No. The provision the Board has decided would best meet your child’s special educational needs will not be made if you have lodged an appeal against the content of the Statement. Meanwhile existing arrangements to meet your child’s Special Educational Needs will continue.
Who Gets a Copy of the Statement?
The Boards recognise that Statements may contain sensitive information. The law says that the Board must send a copy of the Statement to all the people who have provided statutory advice. A parent is made aware of this at the start of the Statutory Assessment Process and will get an opportunity to see all advice and comment on it before it is sent out.
The Education (Northern Ireland) Order 1996 and the Education (Special Educational Needs) Regulations (Northern Ireland) 1997 as amended by the Special Education Needs and Disability (Northern Ireland) Order 2005 sets out in detail the Restriction on Disclosure of Statements.
Will My Child Be Re-assessed?
A Statement is likely to last a very long time.
Once the Board maintains a Statement of Special Educational Needs on your child the law states that there must be an Annual Review of the Statement. This is to ensure that the objectives and the provision as detailed in the Statement continue to meet the identified needs. The review is conducted on behalf of the Board by your child’s school.
There are occasions that updated advice is sought from a number of professionals at particular milestones in a child’s development and school career. Some examples of these would be transfer from nursery to primary education; transfer from primary to post primary education or at the first Annual Review after a child reaches the age 14+. This type of updated information would usually be sought in preparation for your child’s Annual Review.
Your child will not normally be re-assessed unless there appears to be a change to the Special Educational Needs as detailed in the Statement.
How Do I Get My Child Re-assessed?
The annual review of your child’s Statement will normally provide the information that is required in order to decide if there is a need to carryout a re-assessment of a child’s special educational needs. If you are not satisfied that your child’s special educational needs have been properly assessed or you feel that there is a new or different need or that your child’s progress may mean that a Statement is no longer required you may write to the Board and request a re-assessment.
How Long Does The Statement Last?
As long as your child continues to have special educational needs as defined by the legislation and continues to reside within its area, a Board will maintain the statement until he/she has reached the upper limit for compulsory school attendance and is a registered pupil at a grant-aided school.
What Happens If My Child Changes School/Board Area of Leaves Northern Ireland?
If your child moves to another Board within Northern Ireland the ‘old’ Board must transfer the Statement to the new Board. The ‘new’ Board should let you know that the Statement has been transferred. Special education staff will discuss with you what arrangements will put in place to meet your child’s special educational needs.
If you move to another part of the United Kingdom or to the Republic of Ireland the ‘old’ Board will try to identify which Education Authority will be responsible for meeting your child’s needs. It is important that you let the Board who maintains your child’s Statement know as early as possible that you intend to move and your new address.
I Am Due To Move To Northern Ireland And My Child Has A Statement What Happens?
You should let your ‘old’ Education Authority know as soon as possible of the date you intend to move to Northern Ireland. If you know where you will be living that will determine which Education Board in Northern Ireland should be sent your child’s Statement. It is also helpful for your child’s new school to have copies of the current Education Plan and any other information that may help your child settle quickly into the new school.
You are also welcome to contact the Special Education Department of the relevant Education Board in advance of your arrival and it will send you details of the special education provision in its area.
