About us

Our powers

Sometimes, the matter we have to make a decision about in SEN appeals is quite limited, and we cannot consider other matters. The following examples show what we can and cannot do.

Should your child be assessed?

If the local education authority (LEA) has refused to arrange an assessment for your child, we have to decide if it's necessary for them to do so. It's likely to be necessary if:

the school could not normally give all the educational help your child is likely to need unless it receives extra money from the LEA;
the school has given your child all the help that could be expected but he or she has not made enough progress;
there is a particular reason why the LEA should monitor your child's progress; or a full assessment is the only way we can consider what your child needs.

Should your child have a statement?

If the LEA has refused to make a statement, we can order it to do so if it's necessary. This will be the case if:

a school's resources couldn't provide the educational help your child is likely to need; or
there's a particular reason why the LEA should monitor your child's progress.

However, we cannot tell the LEA what should go into any statement.

What should your child's statement say?

If the LEA has made a statement for your child, we can order changes to:

Part 2 (needs - what makes your child need help)
Part 3 (provision - the help which should be given) and;
Part 4 (placement - where your child should go to school).

We need to know what changes you'd like to see in the statement and why. Has your child already shown that what you are suggesting will be helpful? Have you had expert advice recommending the changes?

Disability discrimination claims

If we decide that there has been disability discrimination, we can order any action we consider reasonable to put right the effect of that discrimination, short of paying financial compensation.

Examples might include:

Training for school staff
Drawing up new guidance for staff
Additional tuition, to make up for lost learning
A written apology
Trips or other opportunities to make up for activities that your child may have missed.