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provision has stopped....

(6 Posts)
reallyconfusedmum Tue 16-Sep-14 17:40:54

Afternoon all,
i'm after some advice since being back at school my daughter who is year 8 her support has stopped even though she has a statement, after lots of emails ect to the school the senco has finally agreed to a meeting and i wanted to have the facts straight before i go.
Am i right in understanding that they cannot stop her provision for support without the annual review...which i may add is late was due june 14 but because of a shake up and redundancies in the senco department at school it still hasn't happened.
she is really struggling at the moment with even going to school, she suffers from severe social anxiety and during the holidays was diagnosed with ASD. school know all this yet have still cut all support even her keyworker that she goes to if there is a problem during the school day.
thank you in advance for any help or advice and sorry for rambling a bit but i don't know what to do next.

billiejeanbob Wed 17-Sep-14 19:57:29

As long as the provision is specified and quantified within part3 of her statement the school or LA cannot just stop providing it.
If they do you want to inform them that you will be starting judicial review proceedings against them (the LA), this usually forces them into providing the provision.
The problem most people have however is that if the provision is not clearly specified and quantified within the statement you cannot legally challenge the LA for not providing it.

manishkmehta Thu 18-Sep-14 20:03:42

If the provision has been stopped, but the statement has not been changed, then the LEA / school must do what is in part 3.

Write to the school today and tell tham that they are required to provide all the provision in part 3 of the statement -as per section 324 (5) (a) (i)

www.legislation.gov.uk/ukpga/1996/56/section/324

If they don't agree to reinstate the provision then speak to Maxwell Gillot (they have a legal aid contract) and see if they will JR the local authority.

Obviously what you have in part 3, and how easy it is to JR is really going to require someone to read your statement... but the school should tell you why they aren't making the provision, or make it!

good luck,
Manish.

Coolas Fri 26-Sep-14 22:02:35

Message withdrawn at poster's request.

manishkmehta Sun 28-Sep-14 17:56:12

Many school and LEAs are struggling... but so too are many children with complex needs... Whilst my heart goes out to the local authorities and the schools,... my concerns are more focused on children whose needs are not being met...

It's very difficult when there are limited funds... Yes, i get that the state (LEA) struggles... but i do lose my faith in that argument when i see local authorities spend several thousand per hearing defedning cases that should have been settled long ago...

I do get the budget issue... but i have to balance that with the needs of the children...

senvet Sat 03-Jan-15 16:59:24

Interesting that a school's SEN budget can be halved without halving the number of kids with SEN, or was it halving the amount of SEN in each of the children?

The law is clear: the SEN must be met.

The decision to halve the budget may itself be sufficuently irrational to be subject of a successful judicial review.

In law they should be cutting fireworks displays and bulbs in the parks long before cutting SEN budgets, unless there is a rational shake up going on which delivers provision more effectively

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