Rules about a TA teaching

[racetothebottom]

My son is out of school because he has Asperger's and is unable to cope with his setting.

School and all the professionals supporting him agree he should be taught at home.

We are currently paying for tutors and the hope was LA would take over this. They are in breach of their duty to educate as they are doing nothing despite the fact he has a statement.

They have now said they want school to send a TA to teach him at home until January when they will review.

His head is not happy and is seeking advice as he believes a TA should not be teaching.

I am sure this must be right but what is the law on this?

[Ragusa]

It must be.

Have been looking at the 2012 Specified Work Regulations again (as the original q you raised was about TAs). They talk about the conditions that must be fulfilled for education 'in a [maintained] school'. I am not sure they would apply to out-of-school situations, but they might: your barrister will be much better placed to give a view. I think the body of law on SEN as applies to Local Authorities will be your trump card: at the end of the day, it's this that seems to be being contravened. The school sound really good and co-operative.

[racetothebottom]

Thanks. They do just apply in school but you could argue that if the law thinks TAs in school, where they can be far more easily supervised and directed, should not be teaching save for when specific criteria are met, how can TAs out of school become 'suitable' educators? Especially when the criteria required in school are not even met.