New SOS!SEN walk-in advice centres
We are now running monthly free “surgeries” for any parents or carers who would like to come and talk to our experts about their children’s special educational needs. The advice centres are in: Aldershot, Hants; Twickenham, Middx; and Thornton Heath, Surrey.Click HERE for further details.
SEN Information Sheets
SOS!SEN has produced a number of downloadable information sheets for use by parents and carers. They offer helpful, practical advice on the statutory assessment and statement process, on how to appeal to the Special Educational Needs Tribunal (SENDIST), and on requesting a judicial review.
Click on the title of each document and it will open in a new window.
- STATUTORY ASSESSMENT. About the assessment, who can apply, the process, the criteria for deciding to issue a statement, and most importantly what to do if you get a refusal.
- STATEMENTS. The composition and wording of a statement, what should and should not be in there, and advice regarding negotiation with the local authority.
- CHECKING A STATEMENT. Advice and help on how to go through a Proposed or Proposed Amended Statement to challenge the wording either direct with the LA or using the Tribunals service.
- APPEALS TO THE SEN TRIBUNAL. The procedure of making an appeal, what you need in preparation, and what happens at the tribunal hearing.
- WRITING REASONS FOR APPEAL. Advice for parents and carers on how to write reasons for appeal against an SEN decision.
- JUDICIAL REVIEW. How a local authority can be forced to comply with the law - in cases such as a school not conforming to Part 3 of a statement, failure to provide school transport, unlawful exclusion, refusal to amend a statement after clear recommendations at an Annual Review, etc.
- JUDICIAL REVIEW PROCEDURE. Further information on the review process and the general procedure to follow.
- LEGAL AID. Types of Legal Aid, eligibility and on-line calculator.
- CHALLENGING TRIBUNAL DECISIONS. How and why to consider challenging a decision, timescales and summaries of some useful case law.
Our thanks go to Eleanor Wright, of Maxwell Gillott Solicitors, who has written much of the material in these information sheets.
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Useful Tips for Parents
- Obtain a free copy of the SEN Code of Practice. It's vital and it's free. Telephone 0845 60 222 60 and ask for the SEN Code of Practice reference DfES 581/2001. Click HERE to download a copy in pdf (very large file - 3.24 Mb)
- Remember that parents and children have rights under the Data Protection Act 1998 to receive from a school and/or LA a full set of records concerning their children and including copies of e-mails, notes of phone calls and meetings etc. It costs £10 and there may be up to a 40 day wait but it’s worth it. Write to the Head Teacher and/or the Council’s Chief Executive in the first instance, referring to the Act. This is invaluable for someone thinking of challenging at Tribunal. It is amazing what can be unearthed and also to discover what is missing!
- Consider periodically whether a child’s needs have changed and whether the initial assessments are still accurate. Remember that whilst statements may be changed by LAs, the Appendices upon which they were originally based may be hopelessly out of date.
- If there are any doubts about a child's continuing needs or provision for them, seek advice at once.
- Do not go to meetings alone take a partner or friend to take notes.
- Record via notes etc. details of all conversations (including telephone ones) with LA officers and other interested persons, and confirm, in writing, what has been agreed.
- Keep copies of all correspondence sent and received.
- Be persistant.
- You are not fortunate at all, if your child is not getting what they really need in order to make adequate progress.
- The school may be having training programmes etc, but check carefully.
- Is the school one which is designated and set up to meet the child's special needs?
- A "Centre of Excellence" is what exactly? Can your child wait for it to become one?
- Watch out for the Weasel Words from LAs. Beware of all of these. They are an attempt to get round the legal position or SEN Code of Practice.
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Weasel Words
- That's nothing to do with us, it's the Health Authority/the school.
- We don't put into the Statement what the school is going to provide.
- Well, the Legislation/the courts/Code are all very well, but here in Nutshire we have our own way of doing things.
- There's no point in putting it in Part 3 because the NHS can provide it under Part 6.
- We've never done/heard/seen that before.
- That can be looked at during the Annual Review.
- We need to keep some flexibility.
- That can be included within the IEP
- You know you really are rather fortunate to get so much help. You wouldn’t get that amount in another Authority.
- That would be a very suitable school for your child.
- We must tell you about all the exciting work and training programmes in place in the school.
- With all the investment we are making, it will become a 'Centre of Excellence'.
Finding Suitable Schools
Finding the right school is not easy, as children's needs vary enormously. In the case of one child, a mainstream school
with suitable support or additional therapy may well be adequate. Whereas, in the case of another, specialist provision in a
school from the non-maintained sector might be essential. It is important that you as parent/carer visit a selection of
different schools to satisfy yourself that the one you choose will suit your child – and that your child will suit the
school. A good source of information on non-maintained schools is the Gabbitas Guide Schools for Special Needs, which
you can either buy or borrow from your local library. Click HERE
for information on Gabbitas Guides.
SEND Appeal Guide
SEND (formally SENDIST) produce a guide for parents and carers which describes the Appeal process and includes an Appeal Form.
Click HERE to download
a copy in PDF format.