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Where in the SEN code of practise or the CAFA does it say....

(5 Posts)
McFarts Sun 14-Feb-16 14:15:31

That provision must not be dictated by money or the resources a school has? or words this effect.

Big meeting tomorrow regarding my sons crap draft EHCP and this is a point i want to make to them.

GruntledOne Sun 14-Feb-16 17:39:29

You could quote section 19(3) CFA about the requirement to have regard to the need to support children in achieving the best possible outcomes.

I think the point is that the entire Act, regulations and code of practice are all written in terms of duties to the child or young person, and absolutely nowhere is there anything that says those duties only apply if the council thinks it can afford them. If your school or LA are trying say that they can limit support to their resources, turn the issue round and ask them to point to precisely which legal provision they are relying on that says they are excused from meeting a child's needs if they say they don't have the money for it.

McFarts Sun 14-Feb-16 19:39:19

Thank you GruntledOne that is very helpful.

My issue is that my LA have written a plan based on what my sons school can offer from their SEN budget (ie the 6k SEN support money they already get!!) rather than what is actually recommended in the OWN professional reports!

Shineyshoes10 Sun 14-Feb-16 20:02:48

Ipsea mention it here

"...the EHC plan must reflect the individual’s needs and the provision to meet those needs and not the resources that the LA has available or which can be offered in a particular placement or type of placement. Special Educational Needs law does not allow an LA to restrict what provision a child or young person receives based on resources – financial or services available."

They quote

"Children and Families Act 2014 section 37 (1):

(1) Where, in the light of an EHC needs assessment, it is necessary for special educational provision to be made for a child or young person in accordance with an EHC plan -
(a) the local authority must secure that an EHC plan is prepared for the child or young person, and
(b) once an EHC plan has been prepared, it must maintain the plan."

McFarts Sun 14-Feb-16 20:58:50

Thank you Shiney, this is exactly what i was looking for, i was knew was there somewhere, as i remember reading it, but I couldnt find it!

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