HOW TO TAKE ACTION

These resources help you get the special education provision that your child is legally entitled to. They are based on questions that parents frequently ask on IPSEA's helplines.

  • First find your problem, or a similar one, in the list set out below
  • Then click on the link to open the advice sheet. 

These resources were created by IPSEA's legal team. We are grateful for the pro-bono support of Chris Barnett, Education solicitor at Levenes who developed and legally monitored these resources. There is no charge for using these advice sheets but we would appreciate a donation to support our work

If your child has special educational needs but no statement.....

Case 1. “The LA say they have no responsibility for under 2s.” (new - May 2013)

Case 2. “The LA say they won’t assess our child until he starts school.” (new - May 2013)

Case 3. “The school won’t accept that our child has special educational needs.”

Case 4. “We believe our daughter has serious learning difficulties, but the school won’t ask the educational psychologist to see her.”

Case 5. “Our daughter isn’t getting the help at school which her Individual Education Plan says she should get.”

Case 6. “I’ve asked for my daughter to be withdrawn from the class to receive help, which is what she wants because of unpleasant comments in class, but the school won’t agree.”

Case 7. “The school want the LA to assess my child, but I don’t.”

Case 8. “The head wants our daughter to be moved to a special school while the LA do an assessment and before a statement is issued, but we don’t want this.”

Case 9. “The LA refuse to assess my nephew Tin Wo because they say his problem is caused by his lack of English, not special needs, and because he is not on Action Plus.”

Case 10. “The LA won’t assess our son because they say ‘his needs are not severe and complex and he isn’t one of the 2%’.”

Case 11. “The head asked the LA to assess my son, but nothing has happened.”

When a LA assessment is underway.....

Case 12. “The assessment has just started but I’m worried that the LA are not going to keep to the deadlines.”

Case 13. “The assessment is delayed and the LA blame the Health Authority for not sending in their advice report on time.”

Case 14. “Can we insist on being present when a psychologist examines our child?”

Case 15. “The head got us to ask for an assessment to get extra help for our son and now he’s excluded him.”

When the assessment is finished but there's no statement.....

Case 16. ''The Local Authority have issued a Note in Lieu, not a statement.”

When the assessment is finished and you are sent a proposed statement....

Case 17. “The psychologist has told us verbally how much provision our son needs, but has said nothing about this in the written advice.”

Case 18. “The local school has made it plain they don’t want our son and the LA Officer says it’s best not to force them. But that’s the school we want for him.”

Case 19. “The proposed statement is fine, but the head says there will be no help until the statement is finalised.”

Case 20. “We want our son to go to a mainstream school but the Local Authority want to name a special school.”

Case 21. “Part 2 of the statement does not describe our daughter’s needs in any detail at all.”

Case 22. “Part 3 of the statement does not give any detail of the provision our son is to get and it leaves the decision up to the school.”

Case 23. “We have been told we can’t express a preference for an independent school, but that’s exactly what we believe is needed.”

Case 24. “Part 2 of the statement lists speech and language impairment as one of our daughter’s special educational needs, but speech therapy is written under Part 6 as ‘Non-educational provision'.”

Case 25. “The occupational therapist's advice about our son's needs and the provision to meet them have not been included in Parts 2 and 3 of the proposed statement.”

Case 26. “We want a school in the neighbouring LA, but they’ve told our LA that it’s full.”

When the LA sends the final statement......

Case 27. “Our son's proposed statement says that the school will fund the first 5 hours of additional support from its own budget. Can the Local Authority do this and what will happen if the school says there aren't the funds for it?”

Case 28. “We still disagree with the description of our son's needs in Part 2 and the lack of appropriate provision in Part 3 of the final statement. The provision in Part 3 is really vague.”

Case 29. “The LA have refused our request for a place in the local school of our preference. Instead, they want to bus our daughter 52 miles a day.”

Case 30. “The statement names an LA special school when we know they cannot make the provision our daughter needs. This can only be made at a specialist independent school.”

Your child already has a statement of special educational needs

Case 31. “We can’t decide whether it is worthwhile appealing against our son’s statement. We’ve heard that LAs don’t always obey tribunal decisions and that when they do, they really drag their feet.”

Case 32. “We have lost our appeal to have speech therapy moved into Part 3 of our son’s statement – what else can we do?”

Case 33. “My son is not getting the provision which Part 3 of his statement says he should get.”

Case 34. “Our son has got steadily more anxious about going to school and his behaviour has got worse. He has been refusing to go to school. We have asked the LA for a fresh assessment of his needs, but they are threatening us with an Attendance Order.”

Case 35. “Our daughter has been permanently excluded from her special school. What now?”

Case 36. 'We moved two months ago, but the new LA still haven't given our son the provision that the statement from the previous LA says he should have.”

Case 37. “Our daughter is coming up to secondary transfer and we are worried because no decision on her next school has been made.”

Case 38. “It’s time for our son’s statement review and we want some changes to be made. How can we best influence the outcome of the review?”

Case 39. “Can I educate my daughter at home even if she has a statement?”

Case 40. “Our son is coming up to 16 and the LA say he must leave school and that his statement will then lapse – but what about his needs?”

New resource - May 2013...

Case 41 "My son has needed help in the past with reading in exams. How can I make sure that he gets this type of help in his GCSEs?"

If your problem isn't here

Sorry.... check our other help pages, call our advice lines or contact one of the other support organisations listed here.

Help us help more parents

We would like to create more resources like this; any help you can give us would be greatfully received. You can donate securely using paypal or any credit / debit card.