[senco-forum] Assessment timescales

The medical assessment is a legal requirement (see CoP 7:78 /  84) and 
medical certification of a clean bill of health (no  medical problems -- 
vision/hearing, etc.) is relevant as it means these  aspects can be discounted as reasons 
for the difficulties that gave rise to the  assessment and any other SEN that 
emerges from the EP  report, etc.

Delayed medical report may be posited by an LA an  exceptional reason for the 
LA to exceed the time limits (see regulation 12  (7) [c] of the SEN 
Regulations 2001 -- Annexe A at the back of the CoP: page  14) but CoP 7:91 states "It 
is good practice for parents to be told if the  exceptions apply, so that they 
understand the reasons for the delays".

CoP 7:92 states that Health and Social Service Departments must provide  
information within 6 weeks and LA's must make the assessment within 10 weeks.  The 
overall time limit from receiving a request to assess (or of an LA  notifying 
parent of consideration to assess) and issue of final statement,  is 26 weeks.

CoP 7:19/20 requires the LA to advise Medical and Social Services  
Departments as soon as they receive a request or are considering an  assessment (not to 
wait until a decision is made to assess) in order to  give these agencies 
maximum time to check records and prepare to  provide  information so as to 
minimise possibility of delays.

CoP 7:93 indicates the importance for the LA to keep delay  to a minimum and, 
once a delay has been overcome, to complete the process as  quickly as 
possible. The Health Authority was in breach of duty in not providing  the required 
information within the 6 weeks time limit -- and staff on leave is  not an 
exceptional reason for them to break the law.

If there is future delay quote the CoP references above and, even more  
important, the SEN 2001 Regulations (i.e., Regulation 12). The regs must be  
followed by law -- CoP is considered as guidance unless the  phrase "must" is used 
which indicates a statutory duty.

Also, the LA are at liberty to arrange additional provision which is  
evidentially urgently required before the final statement is issued -- I have  just 
persuaded an LA to do this even though the final statement is still being  
discussed by parent for changes -- the (15 hrsTA pr wk) is being funded already  
-- whilst there is no hope of the statement being finally issued until  
September. Hope this helps Brendan 