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CHILDREN AND YOUNG PERSONS WITH SPECIAL EDUCATIONAL NEEDS

INITIATING THE ASSESSMENT

Initiation by the Authority

74. Where an education authority intends to begin to assess a child, it must serve on the parents a formal notice under section 61(l) of the 1980 Act inviting them to submit their child for assessment. This notice must state the purpose of the assessment; specify the times and places at which it is proposed to carry out any examination(s) of the child; tell the- parents of their right to be present at any medical examination; state the name of the education authority officer from whom advice and further information is available; and invite the parent to submit written views, within 21 days of the date of the notice or such longer period as may be specified, on the special educational needs of the child and measures required to meet them. This notice is, in effect, the formal point at which the process commences, but other assessments will have occurred at various stages before this and parents will have been made aware that their child possibly has learning difficulties. The Department considers that as a matter of good practice authorities should give parents the opportunity to attend all assessments unless the validity of the assessment is likely to be affected.

75. Where the authority considers assessing a young person, section 61(7) of the 1980 Act requires the authority to invite the young person (or, as appropriate, his or her parents) to express in writing, views on the special educational needs of the young person and measures required to meet them (see paragraph 80).

By Parents

76. As mentioned in paragraph 53 above, parents may request an education authority to undertake an assessment of their child's special educational needs and the education authority is bound to comply unless it considers the request is unreasonable.

Preparing for Assessment

77. Before a formal notice under Section 61(l) is issued, there will generally have been a period of initial assessment as described above and indeed it is likely that a thorough psychological assessment will already have taken place. There will normally also have been contact between parents and the teachers and other professionals making, or associated with, the referral. When notifying a parent (or young person) of its intention to assess, it would be considered good practice for the education authority also to advise the parent (or young person as appropriate) of the implications and purpose of a Record of Needs.

Assessment Environment

78. Whenever possible, assessment should take place in surroundings familiar to the child or young person; either at home or at school or a combination of each. Authorities should aim to co-ordinate the elements of assessment so as to minimise disruption to education and to avoid stress to the child or young person during the assessment period. Frequently, the most appropriate setting for assessment will be in a mainstream school, where extra attention can be given during the assessment period. In other cases the use of a special school placement may be preferred; but in either case it is recommended that the views of the parent (or young person as appropriate) about the place of assessment should first be sought. As a rule, children and young persons should not remain for long periods in assessment placements. However in exceptional cases, it may be in their best interest to undergo a more prolonged period of assessment.

Parents' Views

79. In practice, representations from parents (or young persons) may be submitted by them directly to the education authority or may be transmitted by another person or organisation acting for them. A parent's contribution, based on informal, detailed and intimate knowledge of his or her child's personal characteristics and particular needs, will form an essential complement to the advice of the professionals. Parents should be encouraged to include in their observations any relevant views of others who know the child well, such as grandparents or other family members or carers. Authorities should, therefore, give very careful consideration to these views.

The Views of Young Persons and Children

80. Young persons should also be told of their rights when an authority is considering assessing their special educational needs. The 1980 Act (section 61(7)) stipulates that they should be given a period of 14 days within which to respond giving their views about their special educational needs and the measures required to meet them. However, as authorities are required to give 21 days in the case of a child, it would be considered helpful to give a similar period to young persons. Where, however, the education authority is of the view that a young person is not capable of expressing his or her views on these matters, it will invite the young person's parent to do so instead.

81. For children under 16 the opening of a Record of Needs is a major decision affecting their education and, so far as possible and having regard to age and maturity, their, views should be ascertained and taken into account throughout the process. Education authorities should when required assist children and young persons to express their views. As indicated in paragraph 30, young persons and older children should be actively involved in any discussions affecting their future. Under section 2(4) of the Age of Legal Capacity (Scotland) Act 1991, a child has the right to consent on his own behalf to a medical assessment where, in the opinion of a qualified medical practitioner attending him, he is capable of understanding the nature and possible consequences of that assessment. It would be for the education authority concerned to consider whether it would be reasonable in any particular case to seek the child's consent, for example, where the parent failed to respond to the invitation to submit the child for assessment, and to decide whether it was reasonable to rely on the child's consent.

Helping Parents and Young Persons to Express Themselves

82. Education authorities should understand that, for a variety of reasons, parents will not always find it easy to participate actively and may sometimes require help to do so. For example, they might be encouraged to speak to the official named in the formal notice under section 61(l) of the 1980 Act, so that he or she can provide assistance. The education authority may, at this stage, consider whether it might be helpful to a parent or young person to identify a person or organisation from whom they could seek help. A person identified at this stage may well become the Named Person in terms of section 62(2)(c) of the 1980 Act if a decision to open a Record is eventually taken. As mentioned in paragraph 66, outcomes will tend to be more satisfactory for all parties when a friend or adviser is involved well before a decision on whether or not to open a Record has been taken, or the terms of the Record finalised.

Where Parents or Young Persons May not Wish to Respond

83. Occasionally, instances will arise where the parents, or the young person, do not wish " to respond to the statutory notice inviting their views. In these circumstances, education authorities may wish to invite parents or young persons to indicate that position formally, so that, having given reasonable time for a response, the education authority can proceed to the assessment without further delay.

Expediting the Assessment

84. Delay in opening a Record of Needs puts a child or a young person at a disadvantage. Education authorities are therefore expected to conclude the assessment and recording process as speedily as possible. It is recommended that, normally, the period which elapses from the time of the initial notification by the education authority that an assessment might be necessary (see paragraph 74), to the notification in accordance with section 62(2) of the 1980Act of the authority's decision at the end of the process (see paragraph 104), should not exceed 6 months. Research has shown that just over half of the Records opened in Scotland are completed in under 6 months and nearly three quarters within 8 months. Given the complexity of the recording system, this is a relatively satisfactory outcome, but the Department believe it can be improved upon, particularly through the elimination of any occasions on which the process exceeds 12 months. To achieve this, education authorities should observe a tight timetable and use this as a guide to those involved .in the assessment process and to ensure that the providers of advice and the professionals involved recognise the need for prompt action. Where there are delays beyond that recommended above, it is good practice and courteous if the reasons for this can be explained promptly to parents.

Checklist

85. Annex 2 to this Circular offers a checklist of the points to be considered by professionals involved in assessment of children and young persons with special educational needs. The checklist is intended as an aide memoir. Not all points will apply to each child or young person and the checklist does not claim to cover all possibilities. It is open to individual professionals to select the points that are relevant to them and to the circumstances of particular cases. Having done so, they will wish to consider whether some of the needs they have identified are more important than others or require more urgent attention.

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