Discrimination As A Results of LEA SEN Provision Changes.

[muppet]

My son – 8 years old, Year 4 - attends a main stream primary in Lincolnshire, he has been diagnosed as having an autistic spectrum disorder, he has a statement of special education needs that equates to 15 hours support and I am in receipt of DLA for him. The LEA are in the process of changing the way statementing process is carried out, as I understand it the school will be given a pot of money for SEN based on some sort of contrived formula linked to the number of children receiving free school meals(!?!?!?!?!?!?!?!?).

 

My question is:

 

My son has SEN, because of his SEN he is unable to access the curriculum with out the support provided by the funding in his statement, therefore, if the funding he receives is reduced based on the criteria the LEA wish to apply as opposed to his identified needs then he is being discriminated against because he has SEN. If he did not have SEN then he would be able to access the curriculum.

 

I looked at advice on the NAS site:

• Is the less favourable treatment for a reason that is related to the child's disability?
• Is it less favourable treatment than another pupil would get if the above reason does not apply to him or her?
• Is it less favourable treatment that cannot be justified?

I interpret this as meaning he is potentially being discriminated against. I appreciated the vagaries and lack of clarity surrounding this area so I’d appreciated any opinions or advice anyone would care to give.

 

Fanks

 

 

[Sally44]

You may find this has nothing to do with your son's statement.

I found out recently that mine, and apparently most LEAs give delegated funding to schools based on the number of children receiving free school meals.

However your child has a Statement. Therefore it should identify EVERY need he has in section 2 and recommendations to meet those needs must be specified and quantified in section 3. If it isn't then the Statement is illegal. Many LEAs try to, and do issue illegal Statements.

 

Whatever is in the Statement has to be provided because it is a legally binding document. Any provision in the Statement which is over and above the funding the school receives for SEN has to be met by the LEA because the LEA are ultimately responsible for funding Statements.

 

Read through your CoP.

Also have a look on the IPSEA website and download the DfES letter from government to all LEAs about their need to quantify and specify provison in Statements. Follow the link on law and guidance in depth, and then duty to specify. The link to the letter is at the bottom of that page.

 

If you can't find it PM me and I'll post the link.

 

But basically it doesn't matter was criteria a LEA or school has regarding SEN when the child has a Statement. There is a whole legal process behind the Statement and that is what stands at an educational tribunal, not any criteria the LEA or school may use.

 

If you find the Statement is not legal in some places, make a note of all of them and ask for that provision to be quantified and specified at the annual review to fulfill the requirements of the CoP and the DfES letter.

[Kazzen161]

If your child has a Statement, he must still be given the provision (support) that is specified in the Statement. When the school is looking at using its funding, Statemented children always get first priority. Some LAs give additional SEN funding for children who have Statements, over and above the delegated funding.

[Kathryn]

The statement is a legal document - that provision in it is secure whichever pot the funding comes out of. The LA can't just reduce the support without formally amending the statement and giving you the right of appeal.

 

K x

[chris54]

Hi.

not sure about point your making but as I understand it, the council are saying that statement band 1-5 will be funded from delegated funding.

This should not afect the delivery off the statement, if the schools SENs budget is to small it is likely to be non statemented childred thet lose out.

What we will need to watch is that statements are very specific and are kept to.

The Council are looking to cut the number of stamented children as the funds will be there to give the suport at SA+, well that their idear anyway.

[Snikom]

Hi there

 

I am also in lincolnshire with an asd son in mainstream with a statement (10 hours). I didn't get to attend any of the meetings this week but my understanding was that children with current statements would be unaffected by the proposed changes.

 

Can someone clarify this for me?

[sonj186]

Hi I was at the Louth meeting, from what i could gather the statements will still stand as it is illegal to remove them, what they want to do is to stop issuing statements for bands 1 - 5 so they are going to delegate the funding for them direct to schools the schools will have protected funding for the first 3 years, they said the formula for the funding will be calculated based on 80% attainment scores (2 levels below nat ave before funding is given) and 20% free school meals. to be honest as much as they say its better for the children and not about saving money it clearly is about money!

[Sally44]

Hi there

 

I am also in lincolnshire with an asd son in mainstream with a statement (10 hours). I didn't get to attend any of the meetings this week but my understanding was that children with current statements would be unaffected by the proposed changes.

 

Can someone clarify this for me?

 

I think what this may mean is that you have a Statement. A Statement is a legal document. The LEA can proposed changes either to add or reduce or remove provision, but they have to have the evidence to back up any amendment through professionals assessing and producing a report. The LEA or school cannot just alter a Statement by stopping the provision that is itemised in the Statement. That is why a good legal Statement is essential. Basically that means that it should follow the Code of Practice and case law which states that EVERY need should be identified in section 2 and quantified and specified in section 3 to state how that need is going to be met in school, how many hours it will need and what professional should be doing it.

 

And although the LEA may have changed many of its criteria, there is also the DfES letter (from the government to all LEAs) on the IPSEA website which is quite categoric in stating what is expected of LEAs.

 

In these times of cuts, I am sure that all services will be examined and attempts will be made to make savings. However if your child needs the support it receives it should remain in place.

[muppet]

Thanks for all your comments peeps.

 

Me thinks this is just the thin end of the wedge and it will happen regardless of our opinions, I'm looking at the long term hence my question to you all. I've previously locked horns with the LEA over my sons statement and got it completely rewritten and the hours doubled, talking to them doesn't work - you have to wrong foot them.