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Welcome to our group LA SEN Network Group! A space for us to connect and share with each other. Start by posting your thoughts, sharing media, or creating a poll.
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Elective Home Education and Section I
Good morning
I have recently received a query from my client department as to what should be included in Section I when a child is being electively home educated. I note from the SEND COP and the EHE guidance that where parents decide to educate at home, the Local Authority should detail the type of school that would be suitable but state that the parents have made their own arrangements under Section 7 of the Education Act 1996. I note also that the EHE guidance refers to detailing the arrangement in a 'suitable place' but it doesn't elaborate further on that.
I note from various case law, that Section I should only detail the type of setting or the name of the school in accordance with the SEND Regs (or be left blank for EOTAS). As such, I was wondering where other LAs are detailing the statement about parents making…
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Judge Dawn Hyland Has anyone else had this judge and what are there experiences?
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Advocacy in section F
Hi there,
I have had some push back regarding the below statement as we do not agree with placing an advocate for meetings into section F, and wanted to seek the views of others please, the development of self-advocacy is already being provided.
Any advice would be appreciated please:
Provide XX with an advocate to support them to prepare for meetings and to work with XX in helping them manage appointments and meetings to develop their self-advocacy skills
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In School Assessments
Where a child attends a school and the school or LA think they need a professional assessment to be able to meet a child's special educational needs, do they also require the consent of the child's parents or can they just inform the parent the assessment is occurring to enable the school / LA to understand and provide for the child's needs and comply with their statutory duties.
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Tribunal powers to order a YP to undertake an assessment
Dear Colleagues, I'm hoping you can help me with a issue that has come up in one of our appeals. A YP refused to give consent for an EP assessment, which we considered necessary for deciding on a residential placement. We made a request for an order to make the YP available for assessment. The tribunal refused the request on the basis it does not have the power under Rule 15(4) of the SEND Tribunal Rules and Procedures to compel a YP to make themselves available for assessment. It appears Rule 15(4) only applies to children. We want to challenge this decision and wondered if anyone knows of any law that would help us to do so. We very much look forward to your responses.
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Section I - specialist settings
Good afternoon all
Where does a Local Authority stand when it has a pupil that requires specialist provision but there are no places available within any specialist settings? I understand that the Local Authority can name the type of school in Section I, but without naming a specific school what happens to the duty to admit and how can a school be bound by it? Can a pupil remain in a mainstream setting in the meantime if specialist provision is named as the type of school in the plan? This is becoming an increasing problem for our Local Authority and we are unsure as to where this leaves us in terms of Tribunals if we do not have the specialist places available.
Any thoughts/guidance would be much appreciated.
Thank you
Amy
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Marianne Lewis
11 mar
In my view a CYP cannot remain in a mainstream setting if section I specified Type as special school. In similar circumstances where the tribunal ordered onlt type of special school to be named in section I we secured an EOTIS package whilst seeking to find an appropriate special school placement.
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Sharing tribunal decisions
Hi Colleagues, looking for some guidance here. I am often asked to share the tribunal decisions with others outside the LA, especially NHS colleagues who have attended the hearing as witnesses. I have always been under the impression that because the proceedings are private so are the decisions and should not be shared unless absolutely necessary. Is that right or can we share the decisions with anyone who wants to see them? Or, is it not as simple as that?
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Early Years and Sec I
What do other LAs put in Section I for children at Early Years setting with an EHCP. If the child attends a private nursery and this is named in Sec I then the LA is responsible for funding the nursery place. The LA's expectation would be parents should use their early years hours entitlement towards that nursery place, with the LA funding top up to cover the SEP for those hours only. Do other LAs include this type of detail in Sec F?
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Deborah Beasley
18 mar 2024
Hi Amanda. We are looking at the same thing really in respect of Section F but currently we do name the Early years provision (even if a private nursery) in Section I and we only fund the SEP for those hours. We are seeing a great increase in early years requests at the moment - even for 2 year olds.
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Section 19 of the Children and Families Act 2014 sets out the following at in relation to Part 3 of the Act: Children and young people in England with special educational needs or disabilities
Emphasis added:
In exercising a function under this Part in the case of a child or young person, a local authority in England must have regard to the following matters in particular—(a)the views, wishes and feelings of the child and his or her parent, or the young person;(b)the importance of the child and his or her parent, or the young person, participating as fully as possible in decisions relating to the exercise of the function concerned;(c)the importance of the child and his or her parent, or the young person, being provided with the information and support necessary to enable participation in those decisions;(d)the need to support the child and his or her parent, or the young person, in order to facilitate the development of the child or young person and to help him or her achieve the best possible educational and other outcomes.
In our experience, very few professionals (EP, SALT, OT, Health) will carry out any type of assessment without first seeking consent of a parent. Whilst the LA have a duty to under s22 to identify children who may have SEND in the area, this can co-exist with the section 19 duty to have regard to the wishes and feelings of parents, and the importance place on their full participation in decision making.
Where an assessment is being carried out by a professional that is not a member of teaching staff, acting in their normal/usual function within the school environment, it would be prudent to seek permission of the parents involved, even if the purpose of the assessment is simply to inform the school's ability to meet special educational needs.
Approved by Satnam Virdi
Principal of SV Law
Convenor of LASEN