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CHILDREN AND YOUNG PERSONS WITH SPECIAL EDUCATIONAL NEEDS

THE EDUCATION AUTHORITY'S DECISION

Notice of Decision

104. After a full process of assessment as described above, education authorities must decide whether or not to record a child or young person. They must give notice of this decision in writing to the parent or, as appropriate, the young person, as soon as possible (section 62(2) of the 1980 Act) (see paragraphs 107-109 below).

Criteria for Opening Records of Needs

105. In determining whether a child or young person has special educational needs, an authority will take into account whether he or she has significantly greater difficulty in learning than the majority of children or young persons of similar age, or has a disability that either prevents or hinders him or her from making use of educational facilities of the kind generally provided in the authority's schools for pupils of that age (see paragraph 9).

106. The 1980 Act (section 60(2)) requires an education authority to open a Record of Needs where, having assessed a child or young person, the authority concludes that he or she has pronounced, specific or complex special educational needs which require continuing review. The 1980 Act provides no more detailed criteria on how to apply this test. However, the Department responded to requests for guidance in this matter by commissioning research by the University of Edinburgh. The results of this research and the Department's views on how they might contribute to an education authority's decision whether or not to open a Record of Needs for a particular child or young person, are summarised in number 40 in the Department's "Interchange" series of research summaries, which is entitled "Criteria for Opening Records of Needs"

Decision Not to Open a Record

107. Where the statutory assessment process leads the authority to conclude a child or young person does not have pronounced, specific or complex special educational needs which require continuing review, the authority will decide not to open a Record of Needs and must advise the parent or, as appropriate, the young person, of its decision (section 62(2) of the 1980 Act). The reasons given for this decision should be clear and should refer to evidence derived from the assessment. Parents (or, as appropriate, young persons) should also be advised of their right to appeal against the decision (see paragraph 171).

108. Statutory assessment is time-consuming but may be used profitably: even though a child or young person is not to be recorded it will often be possible to make effective use of the results. In appropriate cases, therefore, it is suggested education authorities may wish to prepare a comprehensive note of the findings of the assessment including any recommendations concerning provision for special educational needs. Such a note can be attached to the notice of their decision and can also be sent to the school to assist those working with the child or young person to develop effective strategies for providing for the range of special educational needs identified in the assessment.

Decision to Open a Record

109. Where, after assessment, an education authority decides to open a Record, section 62(2) of the 1980 Act requires the authority to explain fully to the parents, or, as appropriate, the young person, the terms in which it proposes to do so, and to inform them of their right to express views, within 14 days of the date of the notice, on those terms. The authority must have regard to any views so expressed and thereafter must notify the parents (or, as appropriate, the young person) of:

(a) its decision as to the terms of the Record;
(b) the name and address of the Named Person, unless the parents (or, as appropriate, the young person) have requested the authority not to appoint such a person;
(C) in the case of a child, the parent's right of appeal under section 63 of the 1980 Act. NB No right of appeal is given to young persons as their consent (or that of their parents, as appropriate) is required before a Record may be opened (section 60(5) of the 1980 Act).

110. The following paragraphs describe how a Record of Needs and its constituent parts should be completed.

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