A statement of Special Educational Needs is a legal document drafted from the information obtained in the course of a Statutory Assessment. It should set out the needs of the child, how those needs are to be met and how provision is to be delivered. It is divided into six parts with Appendices attached.

PART 1
Contains the basic details of the child-name, address. Telephone number, details of parents and any religious affiliation.

PART 2
Contains details of the child’s specific SEN, i.e. the learning difficulties a child has. This section should record all of a child’s diffiulties in detail. Cognitive ability should be recorded, literacy levels at the time of the assessment and emotional or behavioural difficulties should also be set out. Speech and Language difficulties and Occupational Therapy difficuiltes (eg: running problems- gross motor skills) are NOT a health need and are SEN as they impact on a child’s learning.

PART 3
Contains details of the special educational provision to meet the special educational needs of that child. This also includes the objectives of the special educational provision and the monitoring arrangements made within the school. It should not be vague and therefore phrases such as “access to” and “opportunities for” should be avoided at all costs. They do not guarantee that support will be given to a child.

For example, if a child is to have three hours speech and language therapy each week, the Statement should state who is going to be giving the speech and language therapy (hopefully a therapist), when the speech and language therapy will be delivered, where it will be delivered. If a learning support assistant gives speech and language therapy reinforcement through a programme, the Statement should include details of when the support assistant will have direct access to the speech and language therapist for training and feedback etc.

It is helpful when considering a child's provision to ask the questions:

• WHO will be giving the provision?
• WHAT the provision will be?
• WHEN it will be and for how long? and
• WHERE it will be?

PART 4
This will state the school or type of school or other institution in which the special educational needs will be met. This can be an independent private school, a non LEA maintained special school or even a residential school.

PART 5
Sets out any non-educational needs the child may have such as medical needs.

PART 6
Sets out details of any non-educational provision.

APPENDICES
They should include all the reports and information obtained as part of the statutory Assessment:

• Parents (Appendix A)
• School (Appendix B)
• Medical evidence (Appendix C)
• LEA educational psychologist (Appendix D)
• Other (eg Speech and Language Therapist, Occupational Therapist)

Proposed Statement of SEN

After receiving a proposed statement of SEN a parent is able to make representations to the local authority regarding any changes that they consider are necessary. For example a local authority may have only recorded that a child should have “access to 5 hours of Teaching Assistant Support per week” however parents can write to their local authority and insist on at lease “15 hours of Teaching Assistant support provided on an individual basis. In addition the Teaching Assistant should be trained and experienced in teaching dyslexic pupils.” Parents are not restricted regarding what they ask for however obviously the local authority will only agree to the requested provision if the evidence reveals a need for such support.

The proposed statement stage is also the appropriate opportunity for a parent to express a preference as to where they would like their child to attend. This preference can be for an independent school.

Why is a statement of SEN necessary?

Without a statement, children do not have the same legal rights or guarantees. A local authority are obliged to comply with the terms of a statement of SEN, to include making the provision and paying for the school named (Section 324(5) Education Act 1996). If a local authority fails to comply they can be taken to court (see Judicial Review below). Without a statement a parent can only challenge a local authority’s or school’s support arrangements through a formal complaint. Such a complaint is of course made to the very body being complained about.