Neil Clark, Headteacher

Working with (or against) the LA.

Most of the functions of what used to be called Local Education Authorities are now discharged as part of your local Children’s Service (the precise title may vary) The LA, in law, has the duty to ensure who has, or probably has SEN and whether “it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for” ( Education Act 1996 S323(2) The LA therefore has responsibility both for identifying and providing the service; a feature which has been criticised by the Commons Select Committee as likely to lead to an underestimation of the range of such services. If the LA decides to issue a statement, this must describe, in detail, the nature of the child’s SEN, at Part 2, and specify “any appropriate facilities and equipment, staffing arrangements and curriculum” which needs to be provided at Part 3. You have a right of appeal to the Special Educational Needs and Disability Tribunal (SENDIST) if your LA refuses to write a statement. If a statement is issued, the LA has a duty to maintain the arrangements set out in Part 3, subject to annual review. The LA must name a school at Part 4 which it believes can provide all that is specified at Part 3. If the LA names a school which you believe cannot make adequate provision, you again have the right of appeal to SENDIST.

While the services of SENDIST and the hearing itself are free of charge, you may find the process of making your case and having your child independently assessed a lengthy and costly one. Neil Clark, at Stepping Stones, can help you chart your way through the maze; so, too, can IPSEA, the Independent Panel for Special Education Advice (www.ipsea.org.uk). No charge is made for either service.