When would the Local Authority suggest that an Assessment under Section 323 of the Education Act is made?
Most children with special educational needs can be helped in this way. They can enjoy school and meet with success despite their learning difficulties. For a very small number, it may be necessary to carry out an Assessment of Special Educational Needs which may result in a Statement of Special Educational Needs. The Department for Education and Skills think that there are only about two children in every hundred who have such complex needs that these need to be recorded in a Statement of Special Educational Needs.
When an Assessment is made
The Local Authority will suggest an Assessment under the Education Act 1996 when the school has assessed your child's needs and carried out and reviewed plans to teach your child. Your child's school, nursery or visiting teacher will have been working closely with you to help your child to learn. You will already know that your child is having significant difficulties in learning.
The Local Authority may also suggest carrying out an Assessment under the Education Act 1996 before your child starts school, if it is clear that your child has significant complex needs. In this case, your child’s visiting teacher will have been working with you to help your child to learn. Your child’s teacher will ensure that the Local Authority is aware of the complexity of your child’s needs.
Can anyone ask for an Assessment under the Education Act 1996?
Yes, you have a right to request that the Local Authority makes an Assessment of your child's special educational needs.
The Local Authority will usually agree to your request if your child has significant difficulties that are not being met, or if the needs are unclear.
Before agreeing to an Assessment, the Local Authority will need to find out if your child has difficulties which are significantly greater than most other pupils in Nottinghamshire schools. They will also need to know if the school-based stages of assessment and teaching have been adequately done. An Assessment will only take place if it is necessary.
You can address your request to:
Strategic Director
Children and Young People's Services
Inclusion and Engagement
County Hall
West Bridgford
Nottingham NG2 7QP
In some cases, the Local Authority may decide not to Assess. If this happens, the Local Authority will give you its reasons in writing. You can appeal against this decision.
