mike charles

Hi Everyone. From this mornings headlines, you may be aware that I have told the BBC that the law needs to be strengthened to protect vulnerable children from the plaque of bullying. Although the law currently places a duty of care upon a school this is rarely effective in practice as it really only leads to compensation claims when most parents wish for it to stop, not to sue some time many years down the line after the event. Although schools must have anti bullying policies, again I have seen all to often ( not in all I must say some schools are a fine example of how this should be dealt with) a tendency to deny that anything is wrong. The law, in such circumstances is just too impotent, and needs to be strengthened if lawyers like myself can help parents stamp it out there and then, and not in the courts many years later. I think we all should have our say about this and lobby our MP's for the law in both England and Wales to specify precisely not merely in guidance but in statute, what in all cases the correct procedure to record and deal with such a serious problem should be, that so often pollutes the lives of our children. I am delighted that the problem has made the headlines this morning. The case study used by the BBC involves a child with SEN. I will keep trying... Together we can achieve it. My best wishes Mike

Free information evening advising parents and schools about the latest developments in SEN and the law - including new Tribunal procedure, disability discrimination and adult learning. 6PM on Sunday 8th March 2009 ;- Thistle Newcastle, Neville Street, Newcastle, NE1 5DF Monday 9th March 2009 - 6.30pm - YORK Free information evening advising parents and schools about the latest developments in SEN and the law - including new Tribunal procedure, disability discrimination and adult learning. The Park Inn York, North Street, York YO1 6JF Tuesday 10th March 2009 - 6.30pm - BOLTON Free information evening advising parents and schools about the latest developments in SEN and the law - including new Tribunal procedure, disability discrimination and adult learning. Holiday Inn Bolton, 1 Higher Bridge Street, Bolton BL1 2EW All the above events are free to parents wishing to attend, and provide valuable information about SEN and the law. To reserve a place please call 029 2070 6444 or reserve a space online at www.sinclairslaw.co.uk

Hi - The relevant law is found in regulation 23 of the Education (Special Educational Needs) Consolidation Regulations. This provides that where a child moves into an authority with a statement the new authority are under an obligation to comply with the statement as though it has been made by them. This obligation binds the authority in the same way as it would have bound the authority under section 324(5) of the Education Act 1996. In other words they are under a duty to comply with the statement. Failure to comply would result in a breach of statutory duty, and could render the authority vulnerable to High Court proceedings for which legal aid is available. The new authority should within 6 weeks of the move- notfiy you a) That the statement is transferred. Whether the new authority proposes to make a new assessment c) When they propose to review the statement which they should do ;- Either within 12 months of the date upon which the statement was drawn up, or last reviewed ,or within 3 months of the date of transfer. The last comment was absolutely correct. A rigid adherance to policy without regard to need would be unlawful. Hope this helps Mike Charles

I believe that I should set out a few basic tips that I have learned over the years from working with the wonderful children and parents in this field of the Law. As you may have read, I have spent years working with professionals in this country and beyond (USA), and have learned a lot from preparing legal cases, and cross examining experts. A number of parents that I have lectured to, during my free parental workshops that I have conducted over the years have often spent time telling me that they believe that they have a better statement on the basis of the "number of hours" written within it. Many seem to believe that learning support hours is the golden key to success - let me say; while it can help, it should certainly not be seen as a substitute for the "specialist help" that a child with ASD WILL almost certainly require. Also please take care as the wording within a statement for learning support should be specific, as often parents believe that their children are getting this support when in reality it is simply "available" in the class. Watch out for words such as "X shall have access to 10 hours learning support" - this does not mean that the local authority are obliged to actually deliver it on a regular basis, provided that "access" is given . A child may have access to support but may not actually request it. For a little one with language problems the prospect of "asking" can be a very daunting prospect indeed. It is a troublesome word! Other words such as "opportunities for" is another. Case law has established that statements should be specific and please look out for these phrases within statements. Very often local authorities may argue that these phrases are necessary for "flexibility", and while I agree that flexibility can have an important part to play it should not disquise the importance of the statement making actual provision, and neither should flexibility be built into a statement in an effort to avoid specificity or to under resource a school. Please remember that learning support is just that; "support" but that means "support" for learning. It does not replace the need for "teaching" but should actually reinforce the teaching. That is all the more reason why expertise is required in the first place, through the specialist teaching services and therapists, with that work being reinforced by the majority of those learning support assistants who are truly dedicated and who usually provide a very important service.

Hi, The recent decision of the High Court in the leading (and only) case so far is S -v- Bromley County Council. This clarifies the law in this area, concerning learning and skills assessments. I represented the successful party. A section 140 assessment, now section 139(a), is a document which is submitted to the LSC, who are under an obligation to provide support to those that need it. That support might include residential specialist provision depending on the assessment of need. The LSC then makes the arrangements and the college is funded to deliver the provision. The case established however that the assessment is critical to this process and must identify support that is available in the real world rather than hypotherical provision. Ie The support recommended must actually be available in the real world and thus deliverable. A failure to deliver the support would amount to a breach of statutory duty.

I thought it would be a good idea to mention, in view of the number of enquiries I have received in recent months, ( I am an SEN lawyer by the way) that support for young people with learning difficulties is indeed available post 16 ( whether they hold a statement or not ) pursuant to the provisions of the learning and skills act. For those who hold a statement of special needs, connexions , or the local authority if they have inherited the obligation in your area,( careers wales for welsh cases) should conduct an assessment of a young persons needs if they are likely to undertake training post 16 at a college of further education. It is very important that the assessment accurately records the provision that is needed so that there may be a continuity of support beyond school for those that need it. If you do not hold a statement of special needs, then a request can still be made for an assessment of needs if the young person nevertheless intends to continue into further education. These assessments can be a very useful and important way forward. P.S In view of some of the discussions that I have read on this forum, you should also be aware that a statement of SEN ceases should a child move to college. All the more reason why a learning and skills assessment is vital in such circumstances. I hope this helps.

Such claims are notoriously difficult to succeed in. A number of hurdles exist not least the first being that teachers are not medics and as such may not be expected to make such a diagnosis. However that is not to say that where a child exhibits significant social problems or use of language difficulties that a school should ignore the problem. There is of course a statutory procedure to follow in cases where special needs are suspected. The first step along this path is to request a statutory assessment from the local authority, a request which could be made by the school or the parent. Another problem with negligence claims of this type is that legal aid is very difficult to obtain, although some exceptional cases are still being granted. Furthermore, to embark on a legal process means that there will be an exposure to costs, including those from the otherside. Such an eventuality can be very destructive. Many professionals may advise that in cases where a child is young, there is every chance that with the right help the child will make progress. Whilst ASD can be a barrier to learning, with the right support in school it should not be treated as a barrier to educational success. I wish you and your child every success but please think carefully before embarking on such a process and take the right advice.