What are my rights if I still have a Statement?

If a child or young person still has a Statement and they are not in further education and are aged under 19, the law as it was before the Children and Families Act 2014 will still apply. The various rights are listed below.

If the child or young person is, or is about to be, in further education or aged 19 or over, check our page about what will happen to your Statement after 1 April 2018 to find out what to do.

  • The local authority (“LA”) duty to arrange provision: The LA still must maintain the Statement and must ensure that the special educational provision it specifies is received by the child i.e. therapies, individual support, specialist teaching. 
  • Annual review: The Statement must still be reviewed at least annually. The process for the LA doing this will still follow the old system unless the LA has given notice that the review will be used to transition to an EHC plan. 
  • Amendments to Statements: Where the LA decides to amend a Statement following annual review or at any other time, such amendment will take place under the old system. 
  • Re-assessment: Parents of children with Statements will still be able to ask for a re-assessment of their child under the Education Act (“EA”) 1996 legislation. However, given that all Statements need to be transitioned, it would be more logical for parents to push for the EHC needs assessment required on transition to take place (you can use our model letter to do this). 
  • Naming a school: Where parents or the LA want to change the school named in a Statement, before the transition to an EHC plan, the EA 1996 legislation will apply. 
  • Appeal rights: If a Statement is amended or fails to be amended after an annual review an appeal to the SEND Tribunal against the LA’s decision can still be made under the EA 1996 legislation. See our briefing on appeal rights under the EA 1996 for further information. However, it will be more logical to push for your LA to start transition rather than appeal against the Statement, as it is due to be changed to an EHC plan in any event.

The law which will continue to apply to Statements is: