home education

[pingu]

Hi.

 

Is anyone elses child recieving home education, even though they are on a statement. I have phoned the primary school which the youngest two attend, and fear they may be a problem here.

 

Advice please Urgently

 

shaz x

Edited December 10, 2007 by pingu

[Canopus]

Statements only apply at state or state funded SEN schools. They are not applicable for HE kids.

 

Does anybody know if a statemented kid has their statement deleted if they are HE then return to school some time later?

[barefoot wend]

Pingu

 

Kerre has been home educated for over two years now but the local authority still maintain a statement for him (even though, they admit, it means absolutely nothing and is totally irrelevant).

 

Barefoot

[Kathryn]

Yes, this is covered by the education act section 319. The LEA still has a duty to arrange the special educational provision in a statement even where some or all of it takes place at home. The relevant guidance can be found in the Code of Practice paras 8.91 - 8:96.

 

I do know of a case where a HE child has been receiving specialist tuition at home and this is funded through a statement. So it's not unheard of.

 

K x

Edited December 10, 2007 by Kathryn

[Karen A]

Hi Pingu.The Statutary guidance re home education for children with statements of SEN is detailed in section 8:95 of the Code Of Practice http://www.teachernet.gov.uk/_doc/3724/SENCodeOfPractice.pdf

It appears to say that parents can make arrangements to provide home education however the LEA would need to be satisfied that the provision meets the requirements of the statement.If the LEA is not satisfied then in theory the LEA could challenge the parent.

I know there are people on the Forum who home Educate who will have knowledge of the practicalities and so they may well be able to provide some information.Karen.

[JsMum]

Yes, this is covered by the education act section 319. The LEA still has a duty to arrange the special educational provision in a statement even where some or all of it takes place at home. The relevant guidance can be found in the Code of Practice paras 8.91 - 8:96.

 

I do know of a case where a HE child has been receiving specialist tuition at home and this is funded through a statement. So it's not unheard of.

 

K x

 

 

I have been told if I HE then Js statement is revoked, nothing at all on offer, if he where to get 16 hours home statement hours then that would make a big difference, can I ask how do you apply for it to be HE statemented hours then?

 

JsMum

[Kathryn]

I have been told if I HE then Js statement is revoked, nothing at all on offer, if he where to get 16 hours home statement hours then that would make a big difference, can I ask how do you apply for it to be HE statemented hours then?

 

JsMum

 

The COP says that in the case of a home educated child, the LEA have a duty to ensure that the parents can make suitable provision, including provision for a child's SEN, and goes on to say "If the parents' arrangements are suitable the LEA are relieved of their duty to arrange the provision specified in the statement". para 8:95

 

I think it's the devil's job to get the LEA to fund home ed - most LEA's would try to wash their hands of any child whose parents decide to HE them, or will only maintain a statement such as Barefoot's which doesn't oblige them to provide anything. But there are a few parents who have managed to get the LEA to pay for home based programmes, - if you're thinking of trying this route, I think it's important to get advice from IPSEA and /or organisations that offer home ed support. Those who succeed are probably those who have negotiated a combined package of school /home ed.

 

K x

[Cat]

A statement applies to a school and only a school. A parent home edding does not have to supply the child with what is written in the statement at all. I have this in writing from the very top of the DCFS. An LA can choose to keep a statement live although they do not have to. An LA has a duty to make sure that everyone?s provision is suitable there is no difference at all for children with SEN. The law does not differentiate again I have this in writing.

 

You do have to be very clear when you write the de-reg letter in that you have to say that your children will be receiving education otherwise than at school. So long as the child is not attending a special school you de-reg in the same way as we all do.

 

The issue here I feel is not the Statements and what is written into them and you making sure that you supply an education which fits the child's needs. The issue could be that the de-reg happens so soon after the incident that took place last week in school. I think that you need some expert advice here because schools can take offence very easily and although schools can not pass a family over to Social Services because they have decided to home educate, they can if they believe that there are care or emotional issues. It is something that we are seeing happening more and more often and I am attending a meeting with the DCFS used to be the DfES in January to discuss this very issue. I am not suggesting that this will happen here but given the circumstances then you need the best advice that you can get.

 

I would join this list now http://www.he-special.org.uk/ there are people on this list who are legal experts. I would also join the Education Otherwise Yahoo Group you will find a link here http://www.education-otherwise.org/ again there are experts on this group who will advise you. I personally would do nothing until you have sought the advice of the members on these lists because what you do and how you do it is very important. You need to give them a clear account of what has taken place and what you want to do now.

 

Sorry to be so blunt but knowledge really is power.

 

 

Cat

[Viper]

Good point Cat. I was "refered" to SS after I de-reged. The reasons were totally made up and just, as the SW said herself "sour grapes" the problem is that once you have been refered you stay on the SS register even if there is no cause for concern.

 

SM doesn't have a statement so I don't know much about it. But his psych has been trying to get him into a special school (well trying to persuade me) but to do that she says he has to have a statement. I was going along with it just to get her off my back but with no intention of sending him untill I found that if he has a statement and goes to a special school then I have little chance of ever getting him out to HE if things don't work out. It's a difficult area.

[oxgirl]

Shaz, Jay had a full statement when I removed him, he was getting full-time 1:1 at school. I had no problem taking him out of school, but they did send round an inspector once a year to check that the education I was giving him was suitable and, presumably, that it fulfilled the statement. We had no problems, though, and were able to get him back into school two years later, again, with no problems.

Good luck with whatever you do. <'>

 

~ Mel ~

[Canopus]

An LA can choose to keep a statement live although they do not have to.

 

So a LA can revoke a statement immediately on withdrawal from school. I have encountered a few parents who had their kid's statement revoked even when HE for just a term with the proposal to return to school in the future. They were not informed beforehand that the statement would be revoked. It was tears of frustration getting new statements. Other parents have managed to keep their kid's statement frozen and then amended on returning to school.

[Cat]

Yes an LA can revoke a statement in fact they and only they can do this. And yes some of the little beggers do this just to make a parents life difficult - however they should not be revoking statements without informing the parents - I think someone like IPSEA would have something to say about that.

 

Most of the parents I know want the statement revoked but their LAs wont play ball. However in the brand new HE guidelines the government are saying that LAs should look at ceasing a statement if that is what the parents want. Of course they are only guidelines and not the law.

 

Cat

[Kathryn]

Yes an LA can revoke a statement in fact they and only they can do this. And yes some of the little beggers do this just to make a parents life difficult - however they should not be revoking statements without informing the parents - I think someone like IPSEA would have something to say about that.

 

Some LEA's will try anything on if they thionk they can get away with it.

 

A parent has the right of appeal to Sendist against the decision to cease to maintain the statement. LEA's are supposed to give the parents proper notice of their decision and inform them of their right of appeal in the usual way.

 

K x