< Previous | Contents | Next >

CHILDREN AND YOUNG PERSONS WITH SPECIAL EDUCATIONAL NEEDS

PROVISION FOR THOSE NOT OF SCHOOL AGE

241. The preceding guidance applies generally to all children and young persons with a Record of Needs. There are, however, 3 groups of persons with Records where further explanations may be useful. These are children under 2 years of age; children between the ages of 2 and 5 years; and young persons.

CHILDREN UNDER 2

Power to Record Children under 2

242. Education authorities have a power, but not a duty, to assess and to open and keep a Record of Needs for a child under 2 years of age (section 60(2)(a)(i) of the 1980 Act, as amended-by section 72(l) of the 1989 Act). The opening of a Record for such a child under 2 is exceptional and will reflect particular circumstances such as, for example, where a child has very complex needs necessitating the very earliest intervention. There is a right of appeal in relation to an education authority's decision about opening or not opening a Record of Needs for a child under 2 years of age, as there is in the case of a child of school age (see paragraph 171).

243. Nevertheless, under the terms of Section 61(6) of the 1980 Act, authorities must assess children under 2 who appear to have special educational needs if the child's parents request them to do so unless, in their opinion, that request is unreasonable.

Assessment of Children Under 2

244. While the assessment of children under 2 may require an approach different from that used With older children, the process of observation and assessment must nevertheless include the statutory elements already described (paragraph 69). If it is decided to open a Record, the provision for special educational needs proposed may include conventional forms of provision in, say, a nursery school but could also feature for example:

245. Mother and toddler groups, family centres, play groups and other forms of provision by social work, health staff and voluntary bodies may also be important components in the educational provision made for a child of that age.

246. Maximum flexibility will enable education authorities to meet the needs of very young children in a way which also provides necessary support for their families. Education authorities have the opportunity to be the focal point for the identification of special educational needs of very young children and to arrange for provision to be made for those needs. In doing so they should consult with other providers to ensure needs are provided for.

CHILDREN BETWEEN AGES 2 AND 5

Identification

247. Under the 1980 Act, education authorities have a duty to identify children aged 2 or over but not yet of school age (generally 5) who have or appear to have, special educational needs which are pronounced, complex or specific such as to require continuing review (section 60(2)(b), as amended by section 72(l) of the 1989 Act)), to carry out an assessment of those needs (section 61(l)) and where appropriate to open and keep a Record of Needs for the child (section 60(2)(b)). Parents of children in this age range again have the same rights of appeal as those whose children are of school age. The early identification of special educational needs is crucial for the young child with disabilities and/or late development. Prompt and appropriate provision from the time of discovery can enhance the child's future educational progress and may avoid, or reduce, problems in the future. For example, where early speech and language difficulties have not been overcome they may result in learning difficulties later in a child's development. Even if no intervention may be indicated at the time of assessment, careful observation and recording at this stage can assist authorities to identify, monitor and, ultimately, intervene at the most appropriate time in a child's life.

Range of Provision for Children Age 2 to 5

248. The range of provision which can be made for children between 2 and 5 with Records of Needs may include, and build upon, that described for under 2s in the previous section. Education authorities should consider giving priority to children with special educational needs in admissions to appropriate school provision. When a recorded child attends a pre-school group or class, the need for any support services or additional help should be considered and clearly set out in the Record, and suitable arrangements made with the appropriate providers, such as health boards in the case, for example, of speech and language therapy.

The rights to make placing requests and appeals against their refusal that are described in paragraphs 157-167 and 171-180 apply also in the case of parents of recorded children below school age, in respect of nursery schools and classes.

Importance of Co-operation

249. In making provision for very young children the importance of liaison among everyone involved cannot be over-stressed. Schools, health services, social work, family doctors, nurses, health visitors, therapists and other specialists, voluntary agencies, as well as parents should co-operate in ensuring effective provision for all a child's special needs, including educational needs, is made. Contacts will have been established through the Record of Needs processes. Continued monitoring of a child's progress is, therefore, often most conveniently achieved through the continued existence of the multi-disciplinary team which contributed to the assessment for recording. In this way, specialists can continue to work together, alongside parents, to meet the special educational needs of a child in the most appropriate way.

YOUNG PERSONS

Continuation of Records for Young Persons

250. Education authorities are required to maintain a Record when a recorded child becomes, for the purposes of the 1980 Act, a young person, while he or she continues to receive school education, unless the young person or, as appropriate, the parents request that it be discontinued (section 65C(l) and (3) of the 1980 Act). Moreover, so long as the Record is open, education authorities must continue to ensure the provision made by them for the young person's education includes provision for his or her special educational needs (section 62(3)). The duty of an authority to keep the terms of the Record -and the future needs report under review, discussed at paragraphs 181 and 231, also continues after a child becomes a young person, unless of course the young person has exercised his or her right to request that the Record be discontinued.

Opening a Record for a Young Person

251. Exceptionally, an education authority may have to consider whether to open a Record of Needs for a young person not previously recorded. The possibility is likely to arise as a consequence of an accident or injury to a young person or a deteriorating mental or physical condition. The authority may decide to do so only following a request by a young person or, as appropriate, by his or her parents (section 60(5)). When requested to do so the authority is not obliged to assess a young person who has not been recorded, or to open a Record on his or her behalf, but where it appears that the young person does have special educational needs which may be pronounced, specific or complex which are such as require continuing review, and it also appears that the young person is likely to continue school attendance for a year or more, it is hoped that such requests will always be acceded to.

Involvement of the Young Person

252. Where an education authority decides to open a Record of Needs, however, the young person, when able to do so, should, as a matter of good practice, be encouraged to speak for himself or herself during the recording process and to exercise his or her right under the 1980 Act to be fully involved (this right is discussed at paragraph 63). That does not mean, however, that the views of parents are to be ignored. In some cases authorities will feel the young person is able to express himself, or herself, but has some difficulty in doing so. In these circumstances the young person should be involved to the fullest extent possible but a parent may well be encouraged to take a lead in communications with the authority. In other circumstances, young persons may regard parents as trusted and reliable advisers and advocates.

253. Young persons approaching adulthood may not have had much opportunity to express their own views within the family. It is recommended therefore that authorities in consultation with young persons should help and guide all members of the family to achieve a balance between allowing the young person to speak for him or herself as far as possible and giving support and guidance.

Young Persons not wanting a Record

254. Young persons may not want to have a Record opened for them. Where appropriate, authorities should explain fully the significance of recording and establish whether the young person is happy for the process to go ahead and, if so, to agree with him or her what they consider would be an acceptable form of assessment.

< Previous | Contents | Next >