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I have recently been sent this information, and have checked the references to check that they are true cases, I will be using this information in my meeting with the LEA to finalise T's draft statement, I thought it extremely pertinent to share this information ....


references re specification and quantification




1. London Borough of Bromley vs SENT and others 1992 2 ELR 260


This case establishes that therapies, such as OT , can be considered as special educational provision when the therapy is a measure which relates directly to the particular child's learning difficulties.





B vs Isle of Wight 1997-- This case suggests that whether OT could be considered to be educational provision depends on the needs of the individual child.




2. SEE--- Code of Practice 2001 para 8 :34. This is derived from

R vs Secretary of State for Education and Science ex parte E 1992 FLR 377-- once a LEA decides to issue a statement it has to specify the special educational provision necessary "in respect of each and every educational need identified in the statement" It makes no difference if some of the ed provision can be provided by the school or other agency.



EA 1996 s 324

Reg 16 Sp Ed needs regs 2001 and schedule 2



3. . The wording of the sp ed provision should be clear and unambiguous-- it should state WHO is to deliver WHAT, how often it should be delivered and in what size group it should be delivered. Also it is the person writing the statement--ie the LEA-- to decide on the provision rather than leave the decision to someone else.




a-EA 1996 s324(3)--in particular the statement shall....(B) SPECIFY the sp ed provision to be made for the purpose of meeting those needs..."

b-- Reg 16 Sp ED Needs Regs 2001

c-- Schedule 2 Sp Ed Needs Regs 2001 "in particular specify......(a) any appropriate facilities,equipment,staffing arrangements and curriculum..."

d-Code of Practice paras 8:36 and 8 :37 "provision should normally be quantified (eg in terms of hours of provision,staffing arrangements)..."and sec 313(2) EA 1996--imposes a duty on LEAs to nave regard to the provisions of C of P.

e-- court of appeal-- The Queen (on the application of ipsea ltd) and The Secretary of State for Education and Skills paras 14, 15 and 17 eg "the statement clearly has to spell out the provision appropriate to meet the particular needs of, and the objectives identified for, the individual child.. " and "it remains the case that vague statements , which do not specify provision appropriate to the identified sp needs of the child, will not comply with the law"

f-- Littlechild, Clark and somerset county council 1998 ELR 129-- here the judge indicated that he did not see how in very any cases you could comply with the legal duty to specify the sp ed provision including staffing arrangements, unless the hours per week were set out in the statement. judge also said the real question to ask about a statement was "whether it is so specific and clear as to need no room for doubt as to what has been decided is necessary in the individual case."



4.See all references above for reasons why provision should be specified and quantified (noting that there is no distinction made in any of them between mainstream and special schools ) AND H vs Leicestershire CC 2000 471 ELR AND E V Newham and SENT 2003 ELR 286.---Here if there is clear professional evidence of what is required for a child then a tribunal would be expected to order a LEA to specify and quantify


I hope this is of interest and help to anyone, HHxx

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My son has OT in his statement specified and quantified. We initially had a little discussion!!! with the LEA to get them to put it in our sons statement and quote some of what you have mentioned.

Sonia xx

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my son slao has OT in his statement, in Part 3 although says to be provided by PCT - but agreed if they don't provide due to waiting list LEA will pay and indeed LEA have now agreed to fund termly visits from OT to review his in school programme.



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