The Appeal Process for Children with Special Educational Needs.
Statutory Assessment/Reassessment:

You write to the LEA requesting a Statutory Assessment/ Reassessment of your child’s special educational needs. [The LEA has 6 weeks to respond to your request] The LEA agrees to assess your child. [They have 10 weeks in which to complete this assessment] or The LEA refuses to assess your child – this gives you the right of appeal to SENDIST. [You have 2 months from the date of the decision letter from the LEA in which to lodge an Appeal] The LEA produce a proposed Statement within 2 weeks of completing the Assessment.  [They have a further eight weeks to produce a final Statement] You have won this round – once the final Statement is issued, you will have a further right of appeal against its contents including seeking a change of school. or The LEA refuse to make a Statement giving you the right of appeal to SENDIST. On hearing the appeal, SENDIST can either:- order the LEA to make a Statement order the LEA to reconsider its position or dismiss your appeal. [You have 2 months from the date of the decision letter from the LEA in which to lodge an Appeal]

 Additional Useful Information

• You will see that from the date you make a request to the LEA for a statutory assessment to the date the LEA issue a final Statement (assuming the LEA actually undertake the assessment straight away), can be up to 26 weeks.
• It is possible that you could be involved in three appeals, one against the refusal to make a statutory assessment, one against the refusal to make a Statement and one against the contents of a Statement.
• Any appeal to SENDIST takes approximately three months to be heard.
• Many LEAs do not contest appeals against refusals to carry out a Statutory Assessment.

Frequently Asked Questions

Q. What are the costs involved?

A. We will give you a detailed estimate of the costs involved after we have have perused your paperwork.