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CHILDREN AND YOUNG PERSONS WITH SPECIAL EDUCATIONAL NEEDS

KEEPING THE RECORD

Reviews and Modifications

181. Section 65A of the 1980 Act requires education authorities to keep under consideration the cases of all children and young persons belonging to their area for whom they maintain a Record of Needs. It also requires them to carry out a review of their decision to open and keep a Record and the information entered upon it whenever they think it expedient to do so. Parents and young persons may require an authority to review a Record of Needs, but only where it has not been opened or reviewed within the last 12 months.

Assessment for Review

182. As a matter of good practice, reviews of the progress of a child or young person should be carried out, at least, annually. Authorities may opt to carry out more frequent reviews if this is in their view justified by being in the best interest of the pupil. Often, reports from the school or other establishment and liaison with parents will indicate that all is going well and the need for change is minimal. In such circumstances, an education authority may see no requirement for a new formal assessment to support a review and may feel written reports from professionals are sufficient. In other cases new formal assessments may be necessary and the multidisciplinary team may need to be re-convened.

183. Undertaking a formal review does not always necessitate the full process of assessment described earlier in paragraphs 68403. Education authorities, when commencing a review, are required to formulate proposals as to what extent, if any, they consider assessment of the child or young person is necessary for the purposes of the review (section 61 of the 1980 Act as modified by Schedule 1 to the Education (Modification of Enactments) (Scotland) Regulations 1982). In particular they must take account of any assessments which have been undergone or completed in the 6 months preceding the notification to the parent or young person of the decision to undertake the review (section 61(IC) as modified). However, where an authority intends to discontinue a child's Record, he or she must first have undergone the full process of assessment as described in section 61 of the 1980 Act, either within the period of the review or the period of 6 months immediately preceding notification of the review (section 62(1A) - see Schedule 2 to the Education (Modification of Enactments) (Scotland) Regulations 1982).

184. Education authorities must notify parents or young persons in writing of the proposals, the purpose of the assessment, (namely, to advise the authority on the special educational needs concerned, whether there should continue to be a Record and if so, what it should contain) when and where any examinations held in connection with the assessment are to take place and of a parents right to be present at any medical examination of his or her child. They must also be invited to give their views about the proposals, including views about any additional aspects. of assessment which the parent or, as appropriate, the young person considers is necessary for the purpose of review, as well as views as to the special educational needs concerned and the measures required to meet those needs. Parents and, as appropriate, young persons must also be invited to contribute their views on the special educational needs concerned and the effectiveness of the educational provision for those needs and to say what improvements they consider might be made. They will have at least 21 days to respond; the authority may allow a longer period (sections 61(1A) and (0), as modified).

185. The education authority must amend its proposals to include any additional aspect of assessment that has been requested by the parents or, as appropriate, the young person, unless this aspect has been addressed by an assessment carried out within the 6 months preceding notification of the education authority's proposals (section 61(11)), as modified).

186. As a minimum, reviews should be based on reports prepared by the school or other establishment attended by the child or young person and should include, where appropriate, the views of teachers and other professionals who work with him or her and any other assessments of relevance which may have been made. Copies of all relevant reports should be provided to parents and, as appropriate, young persons. They and the Named Person should be encouraged to become as closely involved as in the case of an initial assessment for recording (see paragraphs 79-83).

187. A review of a Record of Needs may be undertaken annually or more frequently. It is particularly important that education authorities undertake a review of each Record of Needs which involves school staff, the educational psychologist, the medical officer and other appropriate professionals at key points in a child's or young person's education; e.g. where pupils are shortly to undergo the transition to another stage of education, to a different form of education or to a new school, or because there is evidence to show that the needs of the child or young person are changing.

Content of Assessment for Review

188. The first stage of any review should seek to establish whether the summary of impairments in Part IIIB of the Record is still correct. This may point to a need for new assessments. When the accuracy of Part IIIB has been confirmed or brought up to date, authorities should establish whether the needs described in Part IV remain and whether the provision proposed in Part V of the Record is being delivered and is meeting the stated aims and objectives set for the education of the child or young person. This will include a check that the school placement remains appropriate. For children and young persons attending special schools, the option of supported mainstream placement may often most appropriately be reconsidered at this time.

Medical and Other Examinations

189. If, as part of a review, a child is required to -undergo a medical examination or a psychological assessment, the education authority must write to the parents asking them to submit him or her for this (section 61(1E), as modified). The procedures for conducting assessments and rights of parents to attend are the same as for the initial assessment for recording described in paragraphs 89-100.

Notification Of Outcome

190. Authorities must intimate to parents or, as appropriate, young persons the decision to continue or discontinue the Record. Any modification to the Record proposed as a result of a review must also be intimated to parents or, as appropriate, to the young person, along with a copy of the draft modified Record. Reasons must be given for any decision to continue or discontinue a Record and for any modifications an authority proposes to make to the information entered on the Record (section 62(2), as modified). It is also important that teachers are made aware of any matters with educational implications identified in the review.

Representations and Appeals

191. When intimating the decision on a review and before changing the terms of a Record, authorities must first give parents or, as appropriate, young persons 14 days to express their views, and education authorities must give due consideration to what is said. At the time they notify their decision education authorities must also tell parents and, as appropriate, young persons that they may appeal under section 63 of the 1980 Act against the proposed outcome of the review. The authority must also give the name and address of the person to whom the parents or, as appropriate, the young person, may apply for advice and information about the child's or young person's special educational needs (the Named Person) (section 62(2), as modified).

Extent of an Appeal Following a Review

192. There are statutory rights of appeal against decisions of an education authority on a review of a Record of Needs.

Parents may appeal against decisions:

(a) to continue or to discontinue the Record (section 63(l)(a) and (aa));
(b) to modify, or not modify, the terms of Part IIIB (summary of impairments) and Part IV (statement of the special educational needs arising from those impairments) (section 63(l)(b)); and
(c) as to the nomination of the school contained in Part VI of the Record (provided that a placing request has been made in respect of the recorded child) (section 63(l)(c) and (3)).

Young persons may appeal against decisions:

The statutory time limits on appeals, the reference of appeals to the Secretary of State and the rights of appeal to the Sheriff in relation to decisions as to the nomination of a school in a Record, or refusing a placing request (described in paragraphs 172-180) apply also in the case of appeals against decisions on review.

193. As is the case when a Record is opened, however, there is no statutory right of appeal against a decision on review to alter the description of the measures proposed by the education authority to meet the special educational needs of the child or young person that is contained in Part V of the Record.

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