13. Where can I complain if I am not happy about my child's school or education?

A child has special needs and should get help at school if they:

• have significantly more difficulty in learning than other children of the same age;
• have a disability which affects how they can use educational facilities that are usually provided for children of the same age in the same area; or
• are under five, and are likely to fall within these categories when they reach compulsory school age.

A learning difficulty can be the result of, for example:

• a disability;
• behaviour problems; or
• problems learning to read.

Your child doesn't have a special need just because the language they speak at home is different from the language taught at school.

In most cases, the school should decide what help children with learning difficulties need. Children with the greatest difficulties will need a 'statutory assessment' from their local education authority (see 'What is a statutory assessment?').

If you think your child has learning difficulties, you can ask your authority for an assessment.

What if my child is discriminated against because of their disability?
Local authorities, schools and colleges must not discriminate against pupils with disabilities, except where the law allows them to. If you think your disabled child has suffered discrimination which is unlawful, you may make a claim to the Special Educational Needs and Disability Tribunal. This tribunal can order the discrimination to stop but it cannot order the school, college or local authority to pay you compensation. Disability discrimination in permanent exclusions and admissions is looked at by the relevant appeal panel.

For more information about discrimination against people with disabilities, see the Community Legal Service Direct leaflet, 'Rights for Disabled People'. Also see 'A Guide for Parents' from the Disability Rights Commission, and 'Disability
Discrimination' from the Advisory Centre for Education. See 'Further help' for contact details.

What is a 'statutory assessment'?
You have the right to ask your local education authority for a statutory assessment of your child's needs. The local education authority must follow a legal process to decide if your child needs a statutory assessment. If it refuses to assess your child, you can appeal to the Special Educational Needs and Disability Tribunal (See 'What can I do if I disagree with my child's statement?').

If the local education authority decides that your child needs an assessment, it must ask for reports on your child, including reports from:

• you;
• a doctor;
• an educational psychologist; and
• the school.

You have the right to be present at any examination of your child. If you won't let your child be examined by a health or education professional during a statutory assessment, the local education authority might take you to court to make you.

Your own report on your child can include your opinions and experiences, and reports by other professionals who may have seen your child.

The local education authority must then decide if your child needs the sort of help they can only get through a 'statement of special educational needs'. (Only about 3 per cent of school-age children have a statement.)

This is a complicated area and you have the right to ask the local education authority for details of the parent partnership service or independent advisers who can help you understand the process and your rights.

What is a 'statement of special educational needs'?
A statement of special educational needs is a legal document produced by the local education authority, which sets out:

• your child's learning needs; and
• the help they will receive to meet those needs.

The help must normally be described in as much detail as possible. The statement must also say where your child will be educated (though you may say which school you want your child to go to). For school-age children, this will usually be at a school. For younger children, it may be in a nursery or at home.

Most children with statements are taught in ordinary (mainstream) schools and, under recent legislation, parents now have a stronger right to a place in an ordinary school for their child. A local education authority can refuse a mainstream place to a child with a statement if other children's education could suffer and there are no reasonable steps it can take to prevent this.

The stronger right to a mainstream place for a child with a statement does not mean you have a right to a place at a particular school. Whichever school you say you would like (special or mainstream), the local education authority will consider:

• the cost of your child attending the school;
• whether the school can meet your child's needs; and
• whether the education of other children would be affected.

What can I do if I disagree with my child's statement?
You have the right to appeal to an independent body called the Special Educational Needs and Disability Tribunal if you don't agree with what the local education authority has decided for your child. You can appeal if you disagree with the local education authority's decision:

• not to give your child a statutory assessment or reassessment when you have asked for one;
• not to give your child a statement after a statutory assessment;
• not to name a school in the statement;
• not to change your child's statement after reassessing them; or
• not to continue your child's statement.

You can also appeal if you disagree with:

• the description of your child's special educational needs or the special educational help they should have; or
• the school named in the statement.