< Previous | Contents | Next >

CHILDREN AND YOUNG PERSONS WITH SPECIAL EDUCATIONAL NEEDS

THE RECORD OF NEEDS

Stages

111. There are 2 stages in the preparation of a Record of Needs. These are:

(a) setting out of the terms on which it is proposed to open a Record, on which the parents' or young person's comments, as appropriate, must be invited. (NB In practice, this is usually done by sending a completed, but unsigned, draft Record, the draft status of which should be clearly explained, to the parents or the young person, as appropriate);
(b) finalising the Record, which is then signed by the authority and may thereafter only be altered or modified in accordance with statute.

Wording Used in A Record

112. Research and experience have shown that education authorities need to give very careful attention to the wording of the Record of Needs and to any preparatory drafts, so as to ensure that their meaning is precise and clear. Parents and young persons need to know and understand the educational provision proposed but it is equally important that teachers, and others who may have to implement it should also fully understand its implications.

Explaining About the Record

113. In addition to written guidance, it will sometimes be useful to parents and young persons to be given an oral explanation of the meaning of the various parts of the Record, including the educational provision proposed, and to be told the immediate and longer term significance of what is proposed. Such assistance might be arranged to be given by one of a variety of people: local authority officers, teachers or head teachers, educational psychologists, social workers, parents' self-help groups or voluntary organisations. Named Persons (see paragraph 121-123) can be involved and will frequently be able to help parents and young persons to understand all of the outcomes of the assessment and its implications.

Terms of the Record

114. Section 62(2) of the 1980 Act requires education authorities to tell a child's parents or a young person (or his parents, as appropriate) the terms in which the authority proposes to record the child or the young person concerned. When these terms are intimated to them, parents, or the young person, as appropriate, must be told that they may disagree with any of them and that they have a right to make written representations to the authority within 14 days. In drawing up the final Record, the authority must fully consider any such representations.

Form of Record

115. The language used in the Record needs to be clear, concise and jargon free. It should include precise reference to a child's or young person-s known educational attainments and general development, to enable his or her progress to be monitored, reviewed and reassessed against specific aims and objectives which themselves may be subject to modification in the light of that progress.

116. Section 651)(2) of the 1980 Act, and regulation 3 of the Education (Record of Needs) (Scotland) Regulations 1982, prescribe the information the Record must contain and the Schedule to the Regulations prescribes the form in which this information is to be set out (a copy of the Schedule is attached at Annex 3 to this Circular). Within the prescribed structure, a common and consistent format for writing Records, using the same headings and numbering, is desirable. This will ensure:

(a) that when the child or young person transfers from one education authority to another, the terms of the Record will be in a form recognised and understood by those who have become responsible for his or her education; and
(b) that those conducting appeals, including where an appeal comes before a Sheriff, will have less difficulty in comparing one case or set of circumstances with another.

Records of Needs forms and folders are obtainable from HMSO.

Use of Database Storage

117. So long as the form and sequence of the Record are uniform across the country and satisfactory printouts are available, as required, for parents, schools, etc. there is no reason why authorities who wish to hold Records on a database should not do so. They will, of course, need to conform to the terms of the data protection legislation and the regulations regarding destruction of discontinued Records (see paragraphs 215-219 in relation to such destruction).

< Previous | Contents | Next >