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Lisajb

Statements again!

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Lisajb   

Hi everyone,

 

Couple of Q's for you,

 

If your child has a statement, and wants to stay on at school until they are 18, can the statement carry on until they leave?

 

And if they want to go on to further education, college or uni, can they have a statement there, or are other provisions made?

 

Lisa

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Helen   

The Special Educational Needs Code Of Practice states in the section, 'Annual reviews from year 10'

 

The school remains responsible for convening annual review meetings until such time as the pupil leaves school. Some pupils with statements of special educational needs will remain in school after the age of 16. LEAs remain responsible for such pupils until they are 19. There will be occasions where the natural completion of an academic year or completion of a particular course would take a pupil with a statement beyond their 19th birthday. Where pupils remain on a school roll beyond 16 LEAs are required in those situations to maintain statements until the end of the academic year in which the 19th birthday falls.

 

Helen

 

.

Edited by Helen

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Helen   
And if they want to go on to further education, college or uni, can they have a statement there, or are other provisions made?

The Special Educational Needs Code of Practice also states under the section 'Ceasing to maintain the statement':

 

There should be no assumption that, once the LEA has made a statement, they should maintain that statement until they are no longer responsible for the young person. Statements should be maintained only when necessary. But a decision to cease to maintain a statement should be made only after careful consideration by the LEA of all the circumstances and after close consultation with parents.

 

Helen

 

Edited post: There are 7 other sub-sections which are all very relevant to this post, but if I typed them out, I'd be here until Christmas! ;)

Edited by Helen

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nellie   

Lisa,

 

I believe the law is not clear with regard to special educational provision beyond the age of 16, there have been two court rulings where the judges have disagreed over an LEA?s duty with regard to maintaining statements. I am not aware of any further cases which have clarified this.

 

LEA?s must have regard for the legal procedures and the relevant paragraphs of the Code of Practice.

1)a local education authority may cease to maintain a Statement only if it is not longer necessary to maintain it.

2Where the local education authority determine to cease to maintain a Statement

 

a)They shall give notice of that fact and of the effect of paragraph B. below to the parent of the child, and

b)The parent of the child may appeal to the Tribunal against the determination.

 

These procedures must be followed unless the Statement ceases when the LEA is no longer responsible for the young person because he or she has moved into further or higher education or into employment or training. Where there is disagreement about whether the young person?s needs can be met at a further education college the LEA must contact the college to satisfy itself that the college can meet the needs and offer a place to the young person. It should not cease to maintain the Statement until it has done so. In the event of disagreement the parents have a right of appeal to SENDIST.

 

LEA?s have been criticised where there was a general expectation that all Statemented children would go into further education rather that the decision being taken on a case by case basis taking into account the needs of the child and suitable provision being available at the college.

 

A statement therefore only automatically lapses if a child of over compulsory school age moves out of the school system with the agreement of all parties or when a Tribunal orders the authority to cease to maintain the statement.

 

There are two important points about the time when the decision takes effect:

When the LEA have given the parents notice of their intention to cease to maintain the Statement, the Statement remains in place until the time limit has expired for the parent to lodge an appeal to the Tribunal (two months from the date that the LEA told the parent they could appeal).

 

If the parent appeals the Statement remains in force until the appeal is heard by the Triubunal or withdrawn.

 

Nellie.

Edited by nellie

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nellie   

I would advise any parent having problems with ceasing to maintain a statement to contact one of the education help lines.

 

Nellie

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nellie   

Lisa

 

Try this: http://www.skill.org.uk/

 

Skill: A National Bureau for Students With Disabilities. Skill is a national charity promoting opportunities for young people and adults with any kind of disability in post-16 education, training and employment across the UK.

 

 

I will add this to the Jargon Buster.

 

Nellie.

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