Until your child’s Statement has been transitioned to an education, health and care (“EHC”) plan, the previous law and statutory guidance concerning statements will continue to apply.

Below are the FAQs which IPSEA developed in relation to the previous law (the Education Act 1996). If you have an EHC plan, these are not relevant – you should instead see our section on EHC plans.

As the majority of children and young people who had Statements now have EHC plans, these resources are older and should be used with caution. If you still have a Statement and are unsure about your rights, you should book an appointment to speak with us.

When you are sent a proposed statement...

  1. “The psychologist has told us verbally how much provision our son needs, but has said nothing about this in the written advice.”
  2. “The local school has made it plain they don’t want our son and the local authority (LA) Officer says it’s best not to force them. But that’s the school we want for him.”
  3. “The proposed statement is fine, but the head says there will be no help until the statement is finalised.”
  4. “We want our son to go to a mainstream school but the LA wants to name a special school.”
  5. “Part 2 of the statement does not describe our daughter’s needs in any detail at all.”
  6. “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.”
  7. “We have been told we can’t express a preference for an independent school, but that’s exactly what we believe is needed.”
  8. “Part 2 of the statement lists speech and language impairment as one of our daughter’s SEN, but speech therapy is written under Part 6 as ‘Non-educational provision'.”
  9. “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.”
  10. “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...

  1. “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.”
  2. “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…

  1. “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.”
  2. “We have lost our appeal to have speech therapy moved into Part 3 of our son’s statement – what else can we do?”
  3. “My son is not getting the provision which Part 3 of his statement says he should get.”
  4. “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.”
  5. “Our daughter is coming up to secondary transfer and we are worried because no decision on her next school has been made.”
  6. “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?”
  7. “Can I educate my daughter at home even if she has a statement?”
  8. “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.”