Part 4 of statement

[Brook]

Hi all,

 

Just received the final statement, as you may know in the school placement part on the proposed statement, I wrote, continue to educate at home.

 

On the final it say's:

 

The LEA consider a maintained Primary School to be appropriate.

 

Parents have made their own arrangements under Section 7 of the Education Act 1996.

 

Could someone just clarify that this is what it should say.

 

Thanks

 

Brook

[nellie]

Brook,

 

I hope the following is of some help.

 

Section 7 of the Education Act 1996 recognises parents?right to choose to educate their child at home. Such arrangements are described as ?education otherwise than at school.? In such cases, if the child has a statement of special educational needs, it remains the LEA?s duty to ensure that the child?s needs are met. The statement must remain in force and the LEA must ensure that parents can make suitable provision, including provision for the child?s special education needs. If the parent?s arrangements are suitable the LEA are relieved of their duty to arrange the provision specified in the statement. If, however, the parents? attempt to educate the child at home results in provision which falls short of meeting the child?s needs, then the parents are not making ?suitable arrangements? and the LEA could not conclude that they were absolved of their responsibility to arrange the provision in the statement. Even if the LEA is satisfied, the LEA remains under a duty to maintain the child?s statement and to review it annually, following the procedures set out in Code of Practice Chapter Nine 8:95

 

In such situations section 324 (4A) of the Education Act 1996 does not require the name of the school to be specified in part 4 of the statement. Part 4 should state the type of school the LEA consider appropriate but go on to say that: 'parents have made their own arrangements under section 7 of the Education Act 1996.'

The statement can also specify any provision that the LEA have agreed to make under section 319 to help parents provide suitable education for their child at home.

 

 

If you decide to do this I would be upfront with the LEA, if you can think of some way in which they can support you, then ask them. It will depend on your LEA.

You do not legally have to send your child to school, you do legally have to ensure that they receive an appropriate education. By keeping a careful record of all the work you do with your child you will always be in a position to prove that you are fulfilling your legal duty as a parent.

 

Hope this has helped.

[Brook]

Thanks Nellie

 

The statement details have references to school ie, the Senco, teacher etc,

would I be right in thinking that they have not changed this type of thing because I did not request them to? and would it be the standard type of talk? when proposed statement was going through we were thinking of special school, but have now decided to continue to home educate, so maybe this is why they keep reffering to the 'school' thing, .

 

Thanks

 

Brook

[nellie]

Hi again,

 

I don't know the details of your case. You need to discuss the situation with your LEA, you would have to satify the LEA that you can provide the provision on the statement. I strongly advise discussing the proposed statement and your needs with an IPSEA advisor first.

 

Nellie xx