requesting a statutory assessment: indicators to use...

REQUESTING A STATUTORY ASSESSMENT: INDICATORS TO USE WHEN DECIDING TO MAKE A

STATUTORY ASSESSMENT

The Need for Indicators

‘The extent to which a learning difficulty hinders a child’s development does not depend solely on the nature and severity of that difficulty. Other significant factors include the personal resources and attributes of the child as well as the help and support provided at home and the provision made by the school and the LA and other statutory and voluntary agencies. A child’s special educational needs are thus related both to abilities and disabilities, and to the nature and extent of the interaction of these with his or her environment’. Circular 22/89, paragraph 17 (DfES now DCSF)

The Code of Practice (2001) provides practical guidelines to LAs and schools on their responsibilities towards all CYP with special educational needs. Set out within the Code is the guidance on criteria for deciding to make a statutory assessment. This largely concentrates upon the evidence that LAs should seek from schools and parents, with an acknowledgement that there are no hard and fast rules and that decisions must rest on local interpretation of the guidance and a balance of judgement over the evidence in each individual case. The central aim of Oxfordshire LA, is to ensure that CYP with severe and/or complex special educational needs (the notional 2%), have ready access to statutory assessment. To ensure consistency, Oxfordshire LA in collaboration with the LAs extending across the South of England region as well as other authorities around the country, established the indicators set out in this booklet. They have been modified to take account of the 2001 version of the SEN Code of Practice and other changes in legislation and advice. This process has enabled a degree of consistency to evolve across a number of LAs. Relevant extracts from the Code of Practice (7:33-7:43) need to be considered alongside any request for statutory assessment. The indicators described in this document should also be used during the annual review of special educational needs for CYP who already possess a statement. The indicators will help to determine whether it is necessary to maintain a statement, or alternatively whether the LA should cease to maintain a statement.

Inclusion Handbook 2009 E 27

The Local Interpretation

Indicators for deciding whether to make a statutory assessment

All of the following indicators would normally be in evidence for a statutory assessment to be an appropriate course of action.

• CYP who continue to make little or no progress despite receiving a differentiated curriculum, specialised learning and/or behavioural support strategies and individual programmes as part of an increasingly comprehensive individual education plan, particularly through School Action and School Action Plus.

• CYP who continue working at National Curriculum levels significantly below those designated for their key stage in core subjects.

• concern that a CYP may have complex or persistent special educational needs together with evidence for that concern, provided by the Headteacher, parent or another professional such as health or social services worker and the school’s educational psychologist. Interventions required are highly frequent and very intensive.

• CYP who require greater attention than most CYP in the school due to learning and/or behaviour difficulties well beyond that normally occurring and such that they are unable to meet the educational and social demands of the school.

• if the degree of difficulty experienced by the CYP requires a full statutory assessment to identify the extensive modifications to the curriculum, material and teaching environment, so the CYP can gain access to the National Curriculum.

• CYP would normally have been formally registered at School Action Plus for a minimum of two terms. In very exceptional circumstances, the Special Educational Needs Co-ordinator and Headteacher having consulted with the appropriate outside agencies may consider immediate intensive and long-term action necessary. Such exceptional circumstances may include injury due to accident, medical intervention, diagnosis of a significant sensory or physical impairment or a CYP with Special Educational Needs moving into Oxfordshire from another LA.

• CYP who have received the appropriate assessment and intervention strategies in the school and support from parents which have been fully recorded and submitted to the LA. There must be clearly documented evidence that the difficulties are:

• significant and/or complex

• have not responded to relevant and purposeful measures taken by the school in conjunction with external specialists who know the CYP, and

• may call for special educational provision which cannot reasonably be provided within the resources normally available to mainstream schools in the area.


Cognition and learning

The National Context: Extracts from the SEN Code of Practice

7:58 Children who demonstrate features of moderate, severe or profound learning difficulties or specific learning difficulties, such as dyslexia or dyspraxia, require specific programmes to aid progress in cognition and learning. Such requirements may also apply to some extent to children with physical and sensory impairments and those on the autistic spectrum. Some of these children may have associated sensory, physical and behavioural difficulties that compound their needs. These children may require some, or all, of the following:

• flexible teaching arrangements help with processing language, memory and reasoning skills

• help and support in acquiring literacy skills

• help in organising and co-ordinating spoken and written English to aid cognition

• help with sequencing and organisational skills

• help with problem solving and developing concepts

• programmes to aid improvement of fine and motor competencies

• support in the use of technical terms and abstract ideas

• help in understanding ideas, concepts and experiences when information cannot be gained through first hand sensory or physical experiences.

7:59 As indicated in paragraphs 7:46 and 7:47, the LA will need to consider

on an individual basis, whether these programmes can be provided through intervention at School Action Plus or whether the LA should undertake a statutory assessment. The decision may depend on the severity of the child’s cognitive ability and any associated needs that compound the child’s difficulties in accessing the curriculum. If solutions for a child have moved beyond ordinary differentiation to a solution where specific input is necessary not just to provide access to learning but more importantly to secure learning or to develop strategies to overcome particular areas of weakness, then an assessment may be necessary.


CYP referred to under this heading are likely to have global difficulties. Foundation stage A significant level of learning difficulty for these CYP would occur where the general levels of skills/behaviours are those of typical CYP of approximately half their age. Typical age appropriate skills and behaviours are set out below. Thus if a CYP of 54 months had skills and behaviours of a typical CYP of 27 months or below a statutory assessment should be considered. CYP with severe and profound learning difficulties will usually have had significant input from CYP health and possibly social care prior to reaching school age.

Age Relationship

Typical Thinking Skills Typical Play Behaviours

at or below 12 months

Pulls string to reach a toy. Uncovers a toy if he/she has seen it covered by a cloth.

Squeezes a toy to produce sound in imitation. Pushes toy car along.


Explores content of book by turning pages. Takes objects out of container. Transfers objects from hand to hand. Points to one named body part e.g. foot.

Waves bye-bye in imitation. Looks at pictures for at least 3 seconds.


Matches like objects, e.g. cars, animals. Looks in correct place for a toy that has rolled out of sight.

Imitates scribble with a pencil. Builds a tower of 3 one-inch bricks.


Points to named picture e.g. ball, dog. Matches object to picture of object, e.g. hairbrush, fork, doll.

Posts shapes in posting box. Puts 2 pieces in pegboard. Imitates one adult activity in play e.g. hoovering, cooking, clapping.


Completes a simple 3-piece form board. Finds names picture in a book (e.g. show me the pig).

Play involves a series of actions, e.g. feeds and washes doll. Pushes 3 bricks along in imitation.


Matches textures on request (e.g. soft/hard rough/smooth). Unscrews lid.

Plays independently alongside other children. Imitates a sequence of

(a) Indicators for CYP with learning difficulties



activities in housework. at or below 33 months

Puts together 4 part nesting toy. Matches 3 colours. Matches objects to pictures.

Dresses up for pretend play. Points to big and little on request.


Names common pictures. Matches 3 colours. Names actions.

Plays ‘dress up’ in adult clothes. Plays ‘parallel’ to other children but watches them and incorporates elements of their play.


Matches 1:1 (3 or more objects). Puts together 2 parts of a shape or toy to make whole. Names big and little objects.

Plays ‘dress up’ in adult clothes. Plays ’parallel’ to other CYP but watches them and incorporates elements of their play.


Names 3 colours on request. Draws a square in imitation. Moves objects as same and different.

Engages in role and make-believe play. Imitates adult roles.


Recalls 4 objects seen in a picture. Repeats familiar nursery rhymes. Tells what is missing when 1 object is moved from a group of 3.

Enjoys elaborate building with large wooden blocks. Begins to plan play.


Sings 5 lines of song. Names/points to missing part of picture/object. Names first/middle/last position.

Acts out parts of story, playing parts or using puppets. Joins in more complex and extended co-operative play with larger groups of CYP.

60+ months Looks closely at similarities, differences, patterns and change.

Investigates objects and materials by using all senses as appropriate.

Key Stages 1 and above a 6 year old CYP who has attainments at or below the level of a 4 ½ year old a 7 year old CYP (generally in year 2) who is working towards Level 1, i.e. has attainments at or below the 5 year level


an 8 year old CYP (generally in year 3) who is working towards Level 1, i.e. has attainments at or below the 5 ½ year level a 9 year old CYP (generally in year 4) who is working towards Level 1, i.e. has attainments at or below the 6 year level a 10 year old CYP (generally in year 5) who is working at Level 1, and towards Level 2, i.e. has attainments at or below the 6 ¼ year level an 11 year old CYP (generally in year 6) who is working towards Level 2, i.e. has attainments at or below the 6 ½ year level a 12 year old CYP (generally in year 7) who is working towards Level 2, i.e. has attainments at or below the 7 year level a 13 year old CYP (generally in year 8) who is working at Level 2, i.e. has attainments at or below the 7 ¼ year level a 14 year old CYP (generally in year 9) who is working at Level 2, i.e. has attainments at or below the 7 ½ year level CYP functioning above these levels without other difficulties would not be considered for statutory assessment. Any CYP with global learning difficulty will have a slower rate of learning than other CYP. The fact that a CYP falls progressively behind other CYP is not in itself seen as a sufficient condition for statutory assessment. Levels of attainment would normally be at or below those identified here for a CYP to be considered for statutory assessment.

(b) Indicators for CYP with specific learning difficulties (including dyslexia)

One area where specific difficulties may be experienced is in literacy. This is often referred to as dyslexia. Working definition of dyslexia Dyslexia is evident when accurate or fluent word reading and/or spelling develop very incompletely or with great difficulty. This focuses on literacy learning at the word level and implies that the problem is severe and persistent despite appropriate learning opportunities. It provides the basis for a staged process of assessment through teaching. The indicators for making a statutory assessment for CYP with dyslexia are based on the Dyslexia Policy adopted by Oxfordshire. From the working definition adopted in the policy, it follows that assessment of dyslexia should include three strands of evidence and show that

• fluent and accurate word reading and/or spelling has been learnt/is being learnt very incompletely.

• appropriate learning opportunities have been provided.

• progress has been made only as a result of much additional effort/instruction and difficulties are, nevertheless, persistent.

While an assessment of the work level skills will be central to an assessment of dyslexic difficulties it is essential to assess other factors that could affect learning outcomes and are often associated with dyslexia such as


organisational ability, motor difficulties, sequencing and retention. Emotional and behavioural difficulties can also occur as a consequence of dyslexic difficulties. The levels of attainment in literacy indicated in the table below have been interpreted as being of such significance that, assuming CYP have had suitable interventions and they are functioning at/or below these levels, a statutory assessment would be considered. The following table is intended as a guide only since scores on standardised tests should not be taken as a stable and reliable measure of performance in reading. In deciding to initiate a statutory assessment reading ages must be considered along with other important evidence that such a course of action is appropriate.

Year Age Significant difficulty level in literacy and/or numeracy for statutory assessment

2 6-7 No significant attainment in reading, writing and number

3 7-8 5 years 8 months 4 8-9 5 years 11 months 5 9-10 6 years 2 months 6 10-11 6 years 5 months 7 11-12 6 years 11 months 8 12-13 7 years 4 months 9 13-14 7 years 6 months

CYP may experience a range of associated difficulties in the areas of:

• language and literacy

• motor Skills

• organisation

• sequencing

• retention

• curriculum access

• emotional, social and/or behavioural difficulties

• motivation

• self-esteem

• peer/adult relationships

• concentration

• independent learning In such cases teacher assessment and/or normative test evidence should be provided It is likely that the rate of progress (demonstrated by attainment levels before and after intervention) will have failed to raise attainment above the levels indicated.


Other specific learning difficulties Indicators for CYP with other Specific Learning Difficulties would reflect the expectations set out above.


Behaviour, emotional and social development


7:60 Children and young people who demonstrate features of emotional and behavioural difficulties, who are withdrawn or isolated, disruptive and disturbing, hyperactive and lack concentration; those with immature social skills; and those presenting challenging behaviours arising from other complex special needs, may require help or counselling for some, or all, of the following:

• flexible teaching arrangements

• help with development of social competence and emotional maturity

• help in adjusting to school expectations and routines

• help in acquiring the skills of positive interaction with peers and adults

• specialised behavioural and cognitive approaches

• re-channelling or re-focusing to diminish repetitive and self-injurious behaviours

• provision of class and school systems which control or censure negative or difficult behaviours and encourage positive behaviour

• of a safe and supportive environment provision . 7:61 The LA will need to consider, on an individual basis, whether these

interventions can be provided through School Action Plus or whether the LA needs to undertake a statutory assessment.


Indicators for behaviour, emotional and social development

To be considered for statutory assessment, the LA will normally expect there to be clear evidence of at least three of the difficulties outlined below. The LA should seek clear, recorded evidence of both the CYP’s academic attainment and the nature of his or her emotional and behavioural difficulties, asking, for example, whether:

• there is significant discrepancy between, on the one hand, the CYP’s cognitive ability and expectations of the CYP as assessed by his or her teachers, parents and others directly concerned, supported, as appropriate, by appropriately administered standardised tests and, on the other hand, the CYP’s academic attainment as measured by National Curriculum assessments and teachers’ own recorded assessments of the CYP’s


classroom work, including any portfolio of the CYP’s work compiled to illustrate his or her progress

• the CYP is unusually withdrawn, lacks confidence and is unable to form purposeful and lasting relationships with peers and adults: the LA will look for clear, detailed evidence from the school and external specialists based on close observation of the CYP

• there is evidence of severely impaired social interaction or communication, or a significantly restricted repertoire of activities, interests and imaginative development

• the CYP attends school irregularly: the LA will wish to establish whether there is any pattern to or cause of the CYP’s non-attendance

• there is clear, recorded evidence of any obsessional eating habits

• there is clear recorded evidence of any substance or alcohol misuse

• the CYP displays unpredictable, bizarre, obsessive, violent or severely disruptive behaviour. The LA will wish to establish whether there is any pattern to such behaviour, for example, whether it is confined to a particular class, teacher, task or given set of circumstances, and will seek clear examples in the form of specific, recorded instances over a period of time, usually not less than a term

• the CYP has participated in or has been subject to bullying at school; has been subject to neglect and/or abuse at home; and/or has faced major difficulties at home: again, the LA will seek clear, recorded evidence

• there is any suggestion that the CYP may have a significant mental or physical health problem: the LA should be alert to any sudden unpredictable changes in the CYP’s behaviour which have no obvious cause, but which might indicate a developing neurological impairment, epilepsy, or another physical cause.

Evidence in any one of the areas specified would not, of itself, necessarily constitute sufficient grounds for assessment. Particular importance will be given to the extent to which the difficulties impede the CYP’s access to the National Curriculum and/or that of other CYP. The view of an educational psychologist and a behaviour support teacher would be expected to form part of this evidence. In addition the LA will expect there to be clear evidence that the CYP’s learning difficulties:

• are contributing to his/her behaviour difficulties

• have not been affected by changed arranged in the classroom or by additional supervision at breaks or lunchtime

• have not responded to home based interventions where the parent(s)/ guardian(s) have been involved and are in agreement with the school’s view of the CYP’s difficulties

• has meant that the CYP has been unable to benefit from the curriculum with the level of support that is usually available to a mainstream school


• are pervasive over a period of time despite the intervention of outside agencies such as the Educational Psychology Service, Education Social Work Service or the Behaviour Support team

• continue to affect the education of other CYP despite staff having taken significant steps to minimise the effects of the CYP’s behaviour on other CYP

• are pervasive despite a whole range of interventions which might include a change of mainstream school

• are evident in more than one setting e.g.:

• with more than one teacher;

• in more than one classroom;

• in the classroom and in another school setting such as the playground;

• in the classroom and in the home or community

• to be monitored and recorded thoroughly so that an underlying trend in behaviour can be identified where one exists

• have been addressed by social services or a Child Psychiatrist where indicated


Sensory and/or physical needs


7:62 There is a wide spectrum of sensory, multi-sensory and physical difficulties. The sensory range extends from profound and permanent deafness or visual impairment through to lesser levels of loss, which may only be temporary. Physical impairments may arise from physical, neurological or metabolic causes that only require appropriate access to educational facilities and equipment; others may lead to more complex learning and social needs; a few children will have multi-sensory difficulties some with associated physical difficulties. For some children the inability to take part fully in school life causes significant emotional stress or physical fatigue. Many of these children and young people will require some of the following:


• appropriate seating, acoustic conditioning and lighting

• adaptations to the physical environment of the school

• adaptations to school policies and procedures

• access to alternative or augmented forms of communication

• provision of tactile and kinaesthetic materials

• access to different amplification systems

• access to low vision aids

• access in all areas of the curriculum through specialist aids, equipment or furniture

• regular and frequent access to specialist support

7:63 For the children with the most complex physical needs and the most severe sensory losses it is likely that the LA will consider a statutory assessment to be necessary. The governing factors are probably the extent of specialist teaching or aids and adaptations which are required. However, for many CYP with a lesser level of sensory or physical needs, intervention at School Action Plus will be appropriate.


Special educational provision may be necessary for a CYP for whom a physical, neurological or metabolic cause has been identified and where this has been shown to interfere significantly with his/her educational performance The majority of CYP with significant physical needs are identified before statutory school age. However, a number are identified by their teachers during the early years of schooling.

Delays may be the result of illness, injury or a congenital condition having long-term consequences for large body movements and hand skills, which severely limit access to the early years curriculum. Some CYP may also have complex sensory and/or neurological issues associated with their physical condition, for example, CYP with cerebral palsy. A CYP who has not achieved the skills identified here may require support. A statutory assessment is likely to be indicated if the CYP has behaviours of a typical CYP half his/her age.

Age Relationship

Gross and fine motor behaviours

Play behaviours observed


Independent sitting. Move through positions (lie→sit→stand). Walk with support. Reach for and grasp toy.

Mouthing toys. Pass toy from hand to hand. Repeats activities.


Walk a few steps unaided. Developing pinch grasp.

Plays alone, but near people. Exploratory play. Container play. Hugs and kisses doll.


Squats and returns to stand, picking up toy. Walks well unaided. Climb stairs on hands and knees

Pick up small objects using finger and thumb. Please “peg person” in car.


Walks upstairs – 2 feet to a stair. Attempts to kick a ball. Runs and jumps on floor.

Pushes and pulls toy while walking. Posts shapes in box. Doll play – using props appropriately.

Foundation Stage

(a) Indicators for CYP with physical needs



Age Relationship

Gross and fine motor behaviours

Play behaviours observed


Circular scribble. Dominant hand preference more than 50% of time. Throws ball – 2 hands. Jumps off low step.

Fits duplo bricks together. Threads large beads on firm string. Enjoys “messy” play – exploring textures.


Propels trike with feet and steers. Walks downstairs with help. Unscrews lid. Draws vertical line in imitation.

Builds tower of 8 bricks. Takes apart and rebuilds push together toy.


Steers wheeled object. Stands on 1 foot momentarily. Attempts to use scissors.

Plays alongside other CYP.


Catches large ball with 2 hands. Kicks moving ball.

Follows rules by imitating actions of other CYP.


Walks upstairs alternate feet. Walks on tip toe. Rises from kneeling without using hands.

Talks to other CYP, each working on own activity.


Runs competently. Pedals trike. Hops 3 steps on 1 foot.

Imitates adult’s roles in play. Plays co-operatively takes turns.


Runs, changing direction. Imaginative use of bricks. Chooses friends.


Walks on bench with good balance.

Acts out part of story, using puppets/props.

60+ months Moves with confidence and safety in vigorous activity.

Sequences movements in imaginative play. May attempt to make up dances and movement games.

Key Stage 1 and above

Evidence of physical need demonstrated by a performance significantly below the mean for the CYP’s chronological age on instruments that measure a broad range of fine and gross motor skills. At this stage assessments are likely to have been carried out by a paediatrician, physiotherapist, occupational therapist, educational psychologist or specialist advisory teachers. Evidence that the majority of learning activities involving the use of motor skills, undertaken by other CYP of the same age, require modification.


To be considered for a statutory assessment, the LA will expect there to be clear evidence of:

(b) Indicators for CYP with hearing impairments

• a significant discrepancy between the CYP’s attainment, as measured by National Curriculum assessments and tests, and teachers’ own recorded assessments of a CYP’s classroom work, including any portfolio of the CYP’s work, and the attainment of the majority of CYP of his or her age

• significant discrepancy between the expectations of the CYP as assessed by the CYP’s teachers, parents and external specialists who have closely observed the CYP, supported, as appropriate, by the results of standardised tests of cognitive ability, and the CYP’s attainment as measured by National Curriculum assessments and tests

• clear recorded evidence of the extent and nature of the CYP’s hearing loss in the form of results of any recent audiometric assessments, with relevant audiogram

• clear recorded evidence that the CYP’s hearing difficulty significantly impairs his or her emotional or social development, access to the curriculum, ability to take part in particular classroom activities or participation in aspects of school life

• clear substantial evidence, based on specific examples, that the CYP’s hearing difficulty places the CYP under stress, with associated withdrawn or frustrated behaviour

Evidence in any one of the areas specified would not, of itself, necessarily constitute sufficient grounds for assessment. Particular importance will be given to the extent to which the difficulties impede the CYP’s access to the National Curriculum. The view of a specialist teacher from the Service for Sensory Impairment as well as an educational psychologist and medical personnel would be expected to provide the necessary evidence for the LEA to consider whether a statutory assessment is appropriate. The following exemplars should be considered when deciding whether a statutory assessment should be initiated

• the CYP has a significant permanent hearing loss

• the CYP has a significant ongoing hearing loss which may be compounded by other learning difficulties

• the CYP has severe communication difficulties/language processing difficulties

• there is a need for intensive regular direct teaching/involvement by a qualified teacher for the deaf

• there is a need for intensive regular individual support from a learning support assistant

• it is likely that the CYP will require a specialist or part-specialist educational placement (e.g. special school, unit or resource base)


• there is a requirement for specialist equipment (e.g. an auditory training unit, a radio hearing aid)

• there is a requirement for building adaptations to classrooms (e.g. soundproofing)

• there is a requirement for the regular involvement of non-educational agencies (e.g. speech and language therapy)

A CYP exhibiting listening/language behaviours of a typical CYP of half his/her age is likely to require statutory assessment

Age Relationship

Listening/language behaviours

Other indicators


Orients to sound. May need touch or sight to calm him or her.

Vocalises to gain attention. Babbling may have occurred and stopped.


Name should capture attention, babble should be tuneful.

Respond to familiar words in context, e.g. ‘Teddy’, ‘Here’s Daddy’, may need to see object.


Single words, imitates noises. Pays attention to popular rhymes/jingles/everyday words, e.g. drink?


Uses voice to capture other’s attention, may use touch or gesture.

Talks to self when playing. Spoken vocabulary of 20 words.


Copies nursery rhymes with actions and sound/speech. Follows requests for action, e.g. drink/walk.

Request objects and verbally categorises names. May needs visual prompts.


Pays attention during story. Articulation becoming clearer

Asks or responds to questions. May needs visual back up or physical prompting to aid comprehension.


Follows routines by listening for instructions.

Chooses activities based on themes in play. Maintaining attention, not visually distracted.


May respond to key item in instruction. Follow prepositions, e.g. on

Follows language without looking for clues.

Foundation Stage



Picks up intonation in speakers voice, e.g. warning/questions.

Good personal intonation for meaning


Maintain listening in a social group for a short while.

Speaks to get attention.


Highly confident in group situations/at change.

Uses gesture and intonation to get point across with verbal language


Very interested in stories, even long ones

Discriminates common sounds/voices, e.g. door/cars/ mum/dad

60+ months Uses language to communicate with a range of people.

Verbally takes on role of others in imitation.

Key Stages 1 and above

Evidence will fulfil the general indicators set out above. (c) Indicators for CYP with visual impairments

To be considered for statutory assessment, the LA will expect there to be clear evidence of :

• a significant discrepancy between the CYP’s attainment, as measured by National Curriculum assessments and tests, and teachers’ own recorded assessments of a CYP’s classroom work, including any portfolio of the CYP’s work, and the attainment of the majority of CYP of his or her age

• a significant discrepancy between the expectations of the CYP as assessed by the CYP’s teachers, parents and external specialists who have closely observed the CYP, supported, as appropriate, by the results of standardised tests of cognitive ability, and the CYP’s attainment as measured by the National Curriculum assessments and tests

• clear recorded evidence of the extent of the CYP’s visual difficulty, in the form of assessments of the level of the CYP’s functional vision

• clear recorded evidence that the CYP’s visual difficulty significantly impairs his or her mobility, emotional or social development, access to the curriculum, ability to take part in particular classroom activities or participation in aspects of school life

• clear substantiated evidence, based on specific examples, that the CYP’s visual disability places the CYP under stress, with associated withdrawn or frustrated behaviour

Evidence in any one of the areas specified would not, of itself, necessarily constitute sufficient grounds for assessment. Particular importance will be given to the extent to which the difficulties impede the CYP’s access to the National Curriculum. The view of a specialist teacher for the visually impaired and of an educational psychologist in addition to specialist medical personnel


would be expected to form part of the evidence for the need for a statutory assessment. The following exemplars may be helpful in deciding whether a statutory assessment should be initiated. One or more of the following may indicate that a CYP will require a Statement of Special Educational Needs:

• the CYP has a significant permanent visual impairment

• the CYP has a significant ongoing visual impairment which may be compounded by other learning difficulties

• the CYP requires teaching by non-sighted methods

• there is a need for intensive regular direct teaching/involvement by a qualified teacher of the visually impaired

• there is a need for intensive regular individual support from a learning support assistant

• it is likely that the CYP will require specialist educational placement (e.g. a special school)

• there is a requirement for specialist equipment (e.g. a CCTV, Braille printer, computer, supply of large print books, audio tapes)

• there is a requirement for the regular involvement of non-educational agencies (e.g. mobility offices, occupational therapists)


A CYP exhibiting behaviours typical of a CYP half his/her age is likely to require statutory assessment

Age Relationship

Looking / fine motor behaviours

Other indicators


Good looking at people/objects.

Turns to voice of familiar people, waves to familiar people at physical or verbal prompt.


Good reaching or locating behaviours, good tracking as interesting objects/face move.

Waves spontaneously to familiar people, imitates actions readily.


Scribble develops. Moves to reach toys not within reach or felt in immediate space.

Move around in environment, a great deal to reach toys.


Book sharing by inspection develops. Follows directions in rhymes, e.g. up.

Visually inspects new toys.


Retrieves fallen object. Turn taking games develop.

Negotiates furniture well, moves self to check if people over there.


Begins to use pencils/crayons independently. Holds scissors.

Loves large play equipment. Distinguishes visual concepts easily, e.g. big/little.


Nimble placing of pieces into simple inset puzzle.

Eating skills tidy. Engages in social activities requiring visual feedback.


Visually inspects objects to tell if same or different.

Play behaviours copied from peers increases.


Construction work becomes more elaborate.

Large body skills good in general environment.


Uses templates for drawing compared with good visual inspection of the edge.

Play ‘reading’ engaged in.


Report/interest in detail in picture books.

Many one handed activities.

Foundation Stage


Age Relationship

Looking / fine motor behaviours

Other indicators


Small play with small dolls/ cars shows precision in locating toys.

Orientates in new rooms with ease.

60+ months Draws recognisable pictures with more than one feature, e.g. Mummy, baby; or Daddy, car.

Can plan and execute simple route from A to B in a familiar building between 2 rooms.


Evidence will fulfil the general indicators set out above


7:55 Most children with special educational needs have strengths and difficulties in one, some or all of the areas of speech, language and communication. Their communication needs may be both diverse and complex. They will need to continue to develop their linguistic competence in order to support their thinking as well as their communication. The range of difficulties will encompass children and young people with speech and language delay, impairments or disorders, specific learning difficulties, such as dyslexia and dyspraxia, hearing impairment and those who demonstrate features within the autistic spectrum; they may also apply to some children and young people with moderate, severe or profound learning difficulties. The range of need will include those for whom language and communication difficulties are the result of permanent sensory or physical impairment. .

7:56 These children may require some, or all, of the following:


• help in acquiring, comprehending and using language

• help in articulation

• help in acquiring literacy skills

• help in using augmentative and alternative means of communication

• help to use different means of communication confidently and competently for a range of purposes, including formal situations

• help in organising and coordinating oral and written language

• support to compensate for the impact of a communication difficulty on learning in English as an additional language

• help in expressing, comprehending and using their own language, where English is not the first language

7:57 If the LA considers that some or all of these programmes could be

provided for a child by the school in collaboration with LA or external support services, then the LA may conclude that intervention should be provided at School Action Plus and monitored to see if the action was effective. It would then be appropriate for the LA to conclude that a statutory assessment was not necessary. If, on the other hand, the school and support services had already provided these interventions through School Action Plus and the child had not made acceptable progress, then a statutory assessment should be considered.


Communication and interaction



(a) Indicators for CYP with speech and language impairment

To be considered for statutory assessment, the LA will expect there to be clear evidence of the difficulties outlined below.

• there is a significant discrepancy between the CYP’s attainment, as measured by National Curriculum assessments and tests, and teachers’ own recorded assessments of a CYP’s classroom work, including any portfolio of the CYP’s work, and the attainment of the majority of children of his or her age

• there is a significant discrepancy between the expectations of the CYP as assessed by the CYP’s teachers, parents and external specialists who have closely observed the CYP, supported, as appropriate, by the results of standardised tests of cognitive ability, and the CYP’s attainment as measured by National Curriculum assessments and tests

• the CYP’s expressive and/or receptive language development is significantly below that of the majority of CYP of his or her age as measured by a standardised language assessment test, or there is a major discrepancy between the CYP’s expressive and receptive levels of functioning

• there is clear substantiated evidence, based on specific examples, that the CYP’s communication difficulties impede the development of purposeful relationships with adults and/or fellow CYP and/or give rise to other emotional and behavioural difficulties

• there is any evidence of a hearing impairment which may coexist with, or cause, the speech and language difficulty.

Evidence in any one of the areas specified would not, of itself, necessarily constitute sufficient grounds for a assessment. Particular importance will be given to the extent to which the difficulties impede the CYP’s access to the National Curriculum. The view of a specialist teacher for language difficulties, an educational psychologist and a speech therapist would be expected to form part of the evidence required for the decision to be taken to proceed with a statutory assessment.

• the CYP exhibits an identified speech and/or language disorder with language/communication levels typical of less than 2% of CYP

• the CYP’s speech/language disorder delay may be compounded by other learning difficulties.

• the CYP displays a significant difficulty in using language to communicate effectively i.e. in a social context and/or to access the curriculum (semantic-pragmatic difficulties).

• there is a need for intensive regular direct teaching/involvement by, or from, a qualified teacher of CYP with speech/language difficulties.

• there is a need for an augmentative method of communication (e.g. sign symbols).


A CYP exhibiting speech and language behaviours of a typical CYP of half his/her age is likely to require statutory assessment

Age relationship

Behaviours showing understanding of

language

Spoken language behaviours


Notices interesting sounds in the environment and responds if own name called. Starts to show understanding of a few familiar words e.g. ‘no’ and ‘goodbye’.

Strings together sounds e.g. badeegoodees. Imitates sounds made by others. ‘Shouts’ for attention or if annoyed.


Understanding a few more words. Responds to a few simple verbal instructions e.g. ‘give me teddy’.

Uses some specific words or sounds to make needs known.


Able to identify 3 familiar objects and pictures. Can point to a few body parts when requested. Responds to an increasing number of simple instructions in context e.g. ‘shut the door’.

Uses approximately 10 words. Tries to copy new ones. Attempts to join in simple hand games with parents e.g. ‘pat a cake’ and joins in action rhymes.


Starting to understand instructions with two key words e.g. ‘give the ball to daddy’.

Approximately 20 words may be used. May start to put two words together. Echoes the speech of others.


Starting to understand position words such as in and on. Understanding an increasing number of simple instructions e.g. put teddy on the table. (Where there are choices for the underlined words.)

Uses 20-50 recognisable words joining some together e.g. want drink. Talks to him/herself as plays. Beginning to name body parts and ask questions using a wider variety of speech sounds. Emerging words are likely to be unclear.

Foundation Stage


Age relationship


language



Understands very simple stories and conversation. Can point to some objects by use e.g. which one do we sleep in?

Sometimes joins three words together. May use approximately 200 recognisable words.


Understands words such as up, down and under. Understands some attributes e.g. ‘show me the big shoe’, ‘which cup is broken’. Understands familiar action words e.g. jump, kick, walk.

Uses three to four word sentences which familiar adults can understand. Knows several nursery rhymes. Asks questions using what, where and who. Speech still contains many immaturities. Counts by rote up to 10 or more but little appreciation of quantity beyond two or three. Normal speech errors at this age include train→tain, car→tar, finger→binger, shoe→du.


Listens to long stories with supporting pictures. Understands the preposition ‘under’. Understanding more attributes e.g. ‘which one is small’, ‘which one is blue’. Understands longer instructions e.g. ‘put the book and the pen on the chair’, ‘make teddy sit under the table’.

Uses more complex sentences containing four to five words in adult word order. Can give correct account of recent events and experiences. Begins to ask why, when and how questions. Able to tell long stories sometimes confusing fact and fantasy. Beginning to be able to count objects by word and touch in one to one correspondence up to four or five.


Can understand a simple story without pictures. Likes to act out stories in detail later either alone or with friends. Enjoys jokes and riddles.

Uses much grammar correctly. Can explain meaning of simple words. Asks the meaning of abstract words. Gives full name, age and home address. Many words said correctly but may have difficulty with some blends and words with several syllables e.g. spoon, helicopter.


Age relationship


language


60+ months Makes up own stories, songs, rhymes and poems. Uses language to communicate with a range of people.

Shows awareness of listener. Uses talk to organise sequence and clarify thinking, ideas, feelings and events. Negotiates.

At age 7 years CYP who are still working towards Level 1 in the English Attainment Target 1, speaking and listening, in addition to meeting the indicators listed above.


(b) Indicators for CYP with an autistic spectrum disorder (ASD)

CYP who have been diagnosed with an autistic spectrum disorder typically have need for support in the areas of:

• social development

• social communication, including language and non-verbal communication

• rigidity of thought With this combination of difficulties it is likely that in addition to matching the descriptors for School Action Plus (as set out in the Moderation Handbook) a CYP will not have responded adequately to the programme of interventions also described there. It is also likely that many of the CYP’s difficulties will be those described as indicators for statutory assessment for other groups of need. It is therefore important that reference is made, in particular, to the indicators for assessment set out in sections on Speech and Language Impairments, Behaviour, Emotional and Social Difficulties and Cognitive Development.


Foundation Stage

CYP may have difficulties affecting their social interaction and communication, language development and imagination. Some also exhibit associated stereotypical behaviours. Assessment will involve a speech and language therapist, paediatrician, educational psychologist, and usually a clinical psychologist and specialist teacher. A CYP exhibiting behaviours of a typical CYP of half his/her age is likely to require statutory assessment

Age Relationship

Language Social Interaction

Play Motor


Responds to voice by turning head. Startled by sudden noise. Responds to change in tone of voice. Babbles when content. Vocalises to gain attention. Imitates noise.

Seeks eye contact. Smiles in response. Seeks social contact by attention. Shows awareness of strangers. Shows pleasures in peek-a-boo games. Points or shouts to comment.

Explores toys using hands, mouth and looking. Shows curiosity. Drops objects to be retrieved.

Nothing unusual. May not move far.


Uses some specific words or sounds to make needs known. Responds to simple verbal instructions, greetings and farewells. Responds to own name.

Interested in other children. Aware of emotions in others e.g. will cry when others are angry/ shouting.

Detailed exploration of objects and toys. Large doll, symbolic play emerging, cuddles teddy. Looks for hidden objects (including under/ behind).


Age

Relationship Language Social

Interaction Play Motor


Indicates familiar items by pointing. Follows simple instructions in context. Clear words to express likes and dislikes. Asks simple questions. Enjoys songs.

Enjoys imitative games. Seeks a familiar missing person. Enjoys making people laugh. Tolerates larger groups. Accepts short separations from familiar adult.

Looks for hidden objects inside other things. Enjoys hide’n’seek Understands cause and effect (pop up toys). Demonstrates symbolic play (tea sets, farms) Enjoys finger painting.


Relevant use of 20 words. Some 2 word phrases. Talks to self when playing. Refers to self by name.

Plays alongside peers.

Scribbles spontaneously using preferred hand. Builds a tower with 5 bricks. Fills and empties containers.

May rock a great deal. Mile-stones delayed.


Follows 2-3 simple directions. Talks of self in first person. ‘I’. Uses speech to make demands.

Joins in co-operative play with peers. Confident and independent in a widening range of contexts e.g. other people’s homes, shopping, playground.

Sequences of meaningful/ imaginative play e.g. tea parties, picnics. Enjoys variety of play materials/ experiences-creative, constructive, imaginative. Uses one object to represent another e.g. box becomes a car/rocket.


Makes choices when asked. Listens with interest to familiar stories. Responds to action words. Uses

Joins in chasing games and games with simple rules. Enjoys special outings and different experiences.

Shows curiosity about how objects work/are constructed. Demonstrates imagination in the use of objects. Play involves pretend objects.


Age Relationship


Play Motor

personal pronoun.

Accepts changes in routines.

Identifies objects by touch-knows a ball is round.


Understands very simple stories and conversation. Can point to some objects by use e.g. which one do we sleep in? Sometimes joins three words together. May use approx 200 recognisable words.


Identifies familiar items by use. Initiates communication with peers and adults. Understands simple sentences.

Co-operates with other children in role play/dressing up. Takes turn in a simple game. Chooses own friends and spends time with them.

Collects and classifies objects and smaller toys e.g. play people, doll’s house, little cars. Shares toys with siblings/ peers.


Follow directions which include a preposition. Begins to understand indirect instructions e.g. to wait. Comments. Can arrange what says to make meaning clear.

Initiates interactions e.g. ‘mummy.’ Shows awareness of other children playing a same activity.

Play involves a series of events e.g. feeds doll, then washes it, puts to bed or loads lorry, drives away, unloads.

Movements may be clumsy.


Can carry out 2 unrelated instructions. Uses personal

Greets familiar adults without reminder.

Participates in simple co-operative play with 1 or 2 other children.


Age Relationship


Play Motor

pronouns, plurals, most prepositions.

Protects young children and pets.


Understands 4 main elements. Uses language to talk about past/future/ give information. Can take a min of 2 turns in conversation.

Follows rules and will take turns in a group game led by an adult.

Engages in role and make believe play.


Could get 3 unrelated items on request. Can give connected account of recent events/ experiences.

Plays with 2/3 children for 20 mins in co-operative activity. Chooses own friends.

Dresses up/ imitates adult roles. Enjoys elaborate building with large blocks.


Enjoys simple jokes. Use language to negotiate. Begins to tell stories involving fact and fantasy.

Contributes to adult conversations becoming efficient at initiating and controlling conversations.

Begins to play co-operatively in a small group. Acts out part of a story.

May have bizarre movements.

60+ months Uses talk to organise, sequence, clarify thinking, ideas, feelings and events.

Shows awareness of listener.

Can participate in extended play in ‘teams’ or long sequences of make believe.

Responds in variety of ways to experiences.


The CYP will normally have been supported at School Action Plus for a minimum of two terms and will have made inadequate progress despite appropriate intervention. The CYP’s difficulties will also match the general indicators set out above and many of the indicators for other areas of need.


requesting a statutory assessment: indicators to use...

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