IPSEA accuses Derby City Council of operating
unlawful restrictions on considering requests for assessment and statements for
children with specific learning difficulties.
A parent contacting IPSEA for advice had been told
by an Educational Psychologist that there was no point in her requesting a
statutory assessment for her son as he did not fall within the most needy 1% of
children. We asked if she could obtain a copy of the actual policy document
setting out the criteria for undertaking assessments and issuing statement and,
sure enough, the figure of one percent was boldly cited.
The Secretary of State for Education and
Skills
DfES
Sanctuary Buildings
Great Smith Street
London SW1P
3BT
May 31st 2006
Dear Secretary of State,
Formal complaint against Derby City Council as a Local
Education Authority under s497 and s496 Education Act 1996
I am writing to make a formal complaint against Derby City
Council on the grounds of failure to fulfill their duties under the Education
Act 1996 to conduct assessments of children with special educational needs
arising from specific learning difficulties, and to issue statements of special
educational needs following assessment of such children.
I enclose a copy of the Authority's policy document: 'Inclusion
in Action. Derby Special Educational Needs Criteria. Cognition and Learning.
Specific Learning Difficulties.'
A. Criteria for assessment:
Pages 5/6 (our numbering) set out the Authority's criteria for
assessment in the form of
"Specific indicators which must be present (the LEA's
emphasis).
These include:
"Measures of the pupil's attainments in reliable reading
and spelling tests show his/her performance to be amongst that of the lowest
attaining 1% of his/her age-group In all cases, the pupil's reading age is
measured as being below 7.0 years."
The duty to undertake statutory assessment falls on an Authority
when it is 'necessary'. Neither the law in s323 EA1996 nor the Code of Practice
in paragraph 7:34 provide as a justification for refusing assessment the fact
that a child may not be within the 1% of the least able children. Nor is
refusal to assess permissible in law on the grounds that a child' reading age
falls below that of a 7year old. In our view, this is irrational, as well as
being unlawful.
B. Criteria for issuing Statements
Pages 6/7 set out the Authority's criteria for 'making
statements' in the form of "Specific indicators which must be present (again,
the LEA's emphasis). These include:
" - the pupil's performance is amongst that of the lowest
attaining 1% of his/her group."
The duty on an Authority to issue a statement falls when it is
'necessary'. Neither the law in s324 nor the Code of Practice in paragraphs 8.8
to 8:14 provide justification for refusing to issue a statement on the grounds
that a child's needs do not place him or her within the 1% of the least able
children.
It is IPSEA's view that Derby City Council is operating a policy
with regard to initiating assessment and issuing statement which is both
unlawful and irrational and we call on the Secretary of State to use his power
to issue an order requiring the Authority to amend its policy in order to bring
the document in line with their legal duties.
Yours faithfully,
John Wright
for IPSEA
Enc.
CC The Director of Education, Derby City Council,
Middleton House, 27 St Mary's Gate, Derby DE1 3NN