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pyfan

School leaving age

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My son is Year 9 currently and will be the first year group to have to stay in education to age 17yrs. We are starting to think about ideas for 6th form or college but what I would like to know is whether the LEA are obliged to continue with my son's statement (subject to the annual review) to also cover what will be the first year of the 6th form. If he is obliged by law to stay in education then do they have to assist him still? He is funded by the LEA at an independent school which has a 6th form and although we are looking at several options I am wondering whether it is possible that they will fund the 1st year in 6th form without a big fight or will we have to go through another long process........has anyone got any information on this topic? Grateful for any help. Thanks.

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We are starting to think about ideas for 6th form or college but what I would like to know is whether the LEA are obliged to continue with my son's statement (subject to the annual review) to also cover what will be the first year of the 6th form.

Interesting question. As the law stands now, a statement can be maintained for a young person up to the end of the academic year in which they turn 19 as long as they remain on the roll of a school- including a 6th form attached to a school. If your son went into an FE college to do his post 16 education,the statement would automatically lapse. (The LEA can of course cease to maintain a child's statement at any stage of education - subject to the parents' right of appeal). As statements can be maintained up to the age of 19 anyway, increasing compulsory school age to 17 and then 18 would not affect this. It is the educational setting which matters, rather than the age of the young person.

 

If he is obliged by law to stay in education then do they have to assist him still?

 

I think the new law will require a young person to stay in some form of education or training beyond 16, but not necessarily in a school. Presumably if the LEA felt a college or other option could meet his needs adequately, they could cease to maintain the statement, just as they are able to do now when students transition to post 16 education. Before ceasing to maintain a statement for pupils moving on to furhter education post 16, the LEA have a statutory obligation to commission a Learning Difficulty Assessment - this is a report of a young person's needs and the provision required to meet them (a bit like a statutory assessment - but without the same legal force and safeguards)I don't know if they will keep this framework in place with the same transition just happening later - i.e. post 17 and eventually post 18 as "compulsory school age" becomes redefined. Who knows?

 

There is talk of better joining up of pre and post 16 education. As things stand, LEA's are often eager to cease funding statemented provision at the end of compulsory school age, without taking steps to ensure whether FE is really appropriate for the young person. Unless the position changes, I'd advise you to brace yourself for some kind of battle towards the end of year 11. Even if the LEA do not intend to cease the statement, it's possible they will be looking at the (possibly?) cheaper option of placing your son in a 6th form at a maintained school.

 

Not sure that answers your question pyfan! To be honest, there are so many changes in the education pipeline, it's hard to think too far ahead. Who knows what the situation will be in 2/3 years time regarding SEN law and statements.

 

K x

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It always used to be that if a young person went onto an FE college, their Statement was replaced by a Section 140 from the Learning and Skills Council.

 

The Section 140 sets out their ESN and provision to meet those needs, but it isn't a legal document in the same way as a Statement. You should have a Special Needs Connexions Advisor for transition, who will organise the Section 140.

 

Also to add that any funding for a special FE placement comes from the LSC rather than the LA.

 

Apologies if I am hopelessly out of date!!

 

Bid :)

Edited by bid

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Yes, Bid the LSC has gone now and it is done via the LA, which makes us wonder whrhter it will be harder to get funding (I found the LSC much easier than the LA).

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Yes, Bid the LSC has gone now and it is done via the LA, which makes us wonder whrhter it will be harder to get funding (I found the LSC much easier than the LA).

 

Thanks for clarifying that Kazzen...I'm getting old and out-of-date! ;)

 

Bid :)

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Also the section 140 you know and love is now the section 139 A. Same assessment, different Act.

 

Back to your rocking chair girl! Things move fast in the heady world of SEN.... ;)

 

K x

Edited by Kathryn

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