Devon rethinks assessment criteria

IPSEA welcomes Devon's rethink on criteria for undertaking statutory assessments

Devon County Council have given IPSEA an assurance that they will drop their plans to refuse statutory assessment of children unless their needs are "severe" and "lifelong".

Following a challenge from IPSEA that such criteria would be unlawful and would result in hundreds of Devon children not having their special educational needs met, the Council have agreed that assessment is necessary whenever it is probable that a child's special educational needs cannot be met by the provision available to their school - which is the current position in law and in the Code of Practice.

IPSEA is anxious that all parents - not just those in Devon - should be aware that there is a push from both central and local government to reduce the numbers of assessments undertaken and statements issued. But it is vital that parents are aware of the danger this poses to their children, particularly if they making limited or no progress because the resources available to the school cannot meet their needs.

IPSEA's Campaigns and Complaints Officer, Brendan King, has the following advice for parents whose children have special educational needs but who do not have statements:

If your child's needs are not being met by the school and your child is failing as a result, then a statutory assessment is necessary - indeed, it is your child's legal entitlement.

But it is not likely to happen unless you, as a parent, requests it.

Do not be put off by talk of Government or LEA targets and the expense of assessment. Get your request in, in writing, to your LEA as soon as possible - you can use our model letter if you want. Make it clear that you will appeal to the Tribunal if the LEA refuses assessment. Last year over 60 per cent of parents appealing to the Tribunal against refusals to assess were successful - that is, the Tribunal agreed with them and ordered their LEA to make a statutory assessment.

If you think your LEA is operating an unlawful policy with regard to assessments of children with special needs, please contact IPSEA.

If you think your LEA is using unlawful criteria to avoid assessing children's special needs, please contact IPSEA.