I would like to ask Sharon about accountability and costs.
In my view, we do not need the coalition government's SEN Green Paper, "Support and Aspiration" it would be cheaper to stick with the SEN Code of Practice 2001, which WOULD WORK if only there was some legal mechanism to ensure that Local Education Authorities were made to follow it!
As other posters have rightly stateed, at the moment LAs are free to spend tax payers money as they see fit, by employing expensive private barristers to represent them at SENDIST Tribunal, to go up against unrepresented parents.
Local Education Authorities have nothing to lose by parents going to Tribunal, as they save money by not having to put in place the provision being sought in the Statement while waiting for the Tribunal decision, which can take 5-6 months.
The Tribunal should have the power to make an award of costs against LAs that act unreasonably, such as by ignoring over whelming evidence of the need for support and therapy.
This remedy is available elsewhere, such as for planning application appeals, where LA can rightly be made to pay costs if they act unreasonably.
There needs to be a cheap, easy and fast legal remedy if the provision in the Statement is not being provided - at the moment the only remedy is Judicial Review! This is a totally unacceptable position, and beyond the reach of nearly all ordinary parents, so the provision in the hard won Statement is then unenforceable!
We have been through all this before with the Lamb Report, which now seems to have been forgotten about.
Statutory Assessment should be taken away from LAs, this was recommended as long ago as 2006 by the Education and Skills Select Committee, but never implemented. There is a clear conflict of interesting in LAs being both the assessor and the provider for special educational needs.