BusyLizzie100 Report post Posted January 26, 2011 My LA has confirmed to me that it will still have authority over children with statements of SEN for schools that change to academy status. I specifically asked if this means the LA will still be responsible for ensuring that provision in Part 3 is carried out and the answer is 'that is correct'. BUT I don't think this is true of all LAs!! Maybe it is something that will be written into the school's Funding Agreement. So, worth checking. Lizzie x Quote Share this post Link to post Share on other sites
Kathryn Report post Posted January 26, 2011 (edited) Well, that's the simple and expected answer from the LEA. The legal obligation to make and maintain a statement and arrange the provision in it remains with the LEA (Education act s324). However it's still a murky legal area apparently. The cracks don't show if everything is going well: i.e. the Academy and the LEA are acting in the child's best interests and both are working together. But if the Academy were to say they couldn't provide what's in the statement, the LEA has no direct power to make them do it as the contract is between the Academy and the Secretary of State, not the LEA. If a child is in a fully independent fee paying school there is at least a contract between that school and the LEA to provide what's in the statement, so the LEA and the parent are in a weaker position legally with regard to Academies. The other issue is there's no clear way for a parent to complainin if things go wrong with the Academy. As I said, not a problem if the Academy is supportive of pupils with SEN and determined to do the right thing, and I'm sure there are many Academies and future academies which are (including yours hopefully Lizzie) but the law needs to be tightened up in this area to protect pupils where this is not the case: more test cases are needed in the courts, apparently. Well done for getting an undertaking from the LEA in writing though, Lizzie! Nice to see that they are aware of their duties (on paper at least...) K x Edited January 26, 2011 by Kathryn Quote Share this post Link to post Share on other sites
wasuup Report post Posted January 30, 2011 Can you pm me the LA you are with or mention it here if possible out of interest as my daughters school are going through the same process and I am interested in this issue? Quote Share this post Link to post Share on other sites
