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Anybody know which case law says that the LA have to 'determine' provision?

(9 Posts)
KeepOnKeepingOn1 Fri 05-Feb-16 09:58:40

Still trying to unpick problems with DS2's statement following tribunal.

The LA initially issued a final Statement specifying 'close collaborative working' and quantifying '30 minutes a week'. This was parental proposal - LA proposal was for 30 minutes termly.

The specification remains but the quantification has been removed at the request of the Head (I know - don't get me started) and a new final statement has been issued. The LA claim that the inclusion of quantification was a 'clerical error'.

I am writing to the LA but need to quote some facts at them wrt quantification of agreed and specified provision.

TIA

Ineedmorepatience Fri 05-Feb-16 10:00:49

I think there is a case law section on the IPSEA website!

KeepOnKeepingOn1 Fri 05-Feb-16 10:31:12

I've already got L V CLARKE AND SOMERSET COUNTY COUNCIL (1997) but I was hoping for more.

Greedy, I know smile

Ineedmorepatience Fri 05-Feb-16 11:11:06

Not greedy at all but you shouldnt need more! If there is case law then thats it, its there and they should abide by it!

If they are arrogant and incompetent like my LA it may not make a difference!

I sent the case law that I had with my tribunal evidence to hopefully nudge them into conceding but it didnt work!

I hope they do take notice though!

KeepOnKeepingOn1 Fri 05-Feb-16 13:00:27

Cases where the child’s needs dictate that specification on a statement should not include quantification of the hours of provision will be very exceptional in nature: London Borough of Bromley & SENT & Others [1999] ELR 260.

We believe that the LA would be in breach of S324 of the Education Act 1996 if the provision remains unquantified and therefore cannot be “arranged”.

^ for anybody else who finds themselves in a similar situation.

smile

KeepOnKeepingOn1 Fri 05-Feb-16 13:03:02

www.ipsea.org.uk/file-manager/SENlaw/FAQs-about-statements/statement-faq-6.pdf

Can't find this on the IPSEA website anymore (probably because of the reference to statements rather than EHCP)

GruntledOne Fri 05-Feb-16 15:11:09

I'm not sure that the case law matters. If the tribunal issued an order setting out what the wording of the statement should be, that is all that matters, neither the head nor the LA is allowed to change it.

KeepOnKeepingOn1 Fri 05-Feb-16 15:18:27

Specification was agreed prior to Hearing. There is dispute to whether quantification was agreed at Tribunal. LA and parental copies of the WD disagree.

The judge did not rule on this issue as it was 'agreed'.

GruntledOne Sat 06-Feb-16 00:00:10

Is it worth contacting the tribunal to explain there has been a misunderstanding about this and ask them to rule on it?

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