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Requests for further statutory assessments

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It is possible that some parents are unaware that they can make a request for a statutory re-assessment if there have been changes that have impacted significantly on the child's special educational needs.

 

 

This is the relevant information from the Code of Practice.

 

 

Request for further statutory assessments.

 

7:94 Under section 328 of the Education Act 1996, the parents of a child with a statement may request a new assessment of that child under section 323 of the Act. The LEA must comply with such a request, so long as:

 

no such assessment has been made within the previous six months; and

 

the LEA concludes that it is necessary to make a further assessment.

 

 

7:95 Under section 329A of the Education Act 1996 the child's school or setting may also request a new assessment of the child. The LEA must comply with such a request so long as:

 

no such assessment has been made within the previous six months; and

 

the LEA concludes that it is necessary to make a further assessment.

 

 

7:96 The LEA must follow the procedures set out at 7.16. The LEA should consider all such request carefully. In particular, they should consider whether there have been changes that have impacted significantly on the child's special educational needs. If the request for a further assessment originates from an annual review, much of the necessary information on which to base their decision will already be available to the LEA.

 

7:97 If the LEA concludes that a further assessment is not necessary, it must write to the parents telling them of the decision and of their right to appeal to the SEN Tribunal, and the time limits for appeal, the availability of disagreement resolution procedures and that those procedures will not affect the parent's right to appeal. The LEA must always give parents full reasons for its decision. The LEA may wish to arrange a meeting between the parents and the school. If the request was made by the school or setting the LEA must also give them notice of their decision and their reasons for it.

 

7:98 If the LEA decides that a futher assessment is necessary, the procedures and time limits set out in this chapter apply. The resultant statement will supersede the previous statement.

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