LEA refusing to fund support for child with a statement - is this legal?

[edam]

Hi, wonder if any of you can help? I'm a primary school governor. Apparently our finance committee has been told that the LEA will not fund any support for a girl who has a statement and is due to start at our school soon. They say that there is only one pot of money for statemented children and every school in the county has to bid for a share - and our school is unlikely to get any of the money.

This can't be right, can it? Surely a statement carries legal obligations - the LEA can't just say 'tough'?

The LA is responsible for ensuring the statement is carried out. It is their legal responsibility, but they are also in charge of budget and funding arrangements and will probably say that they have already given the money to the school in their delegated budget to cover SEN.

Your school can refuse to put in place the statement provision bu if the parents complain the LA can put it in place and then bill you.

The most common strategy that schools appear to use in such a situation is to lie to the parents about what is being put in place and share TAs and resources illegally between children.

If you want more help from those that KNOW the system well, come over to the SN children board where there is a lot more traffic.

Edam, I just did a search on you (sorry) and knowing now the LA to which you are referring explains EVERYTHING.

IPSEA, has place it in the top 3 for no. Of complaints and most surrounds the delegated budget system. If you want to contact them, they might be able to help, and show you their letters about the illegal practices.

Thanks Starlight, very helpful. What's IPSEA?

Delegated budget sounds highly likely - so the LEA will say 'we've already delegated that money to you' irrespective of how many children actually in the school have statements? Surely a new child starting with a statement deserves her own funding?

The LEA do have form for saying, about most things, that we have to find the money ourselves as we have lots of experienced staff who have progressed up the pay scales - so they claim we have plenty of money but are just choosing to spend it on senior staff (instead of what, illegally sacking all the long-serving dedicated teachers...).

Yes. They will also say that if you want/need extra you have to apply to the cluster group for Exceptional Needs Funding but depending on the 'cases' that other schools present you may or may not get some. If you are a school that others are jealous of wrt resources or intake then you'll do badly.

I am currently in a situation where ds is supposed to be in Reception but the HT has told me that she will not fund the statement and I'll have to take it up with the LA if I unhappy but if I complain she will deny that they aren't putting in the resources (a spectacularly vile HT). Needless to say, he is not there atm even though it is named in his statement. Being vile to the parents certainly CAN solve the problem.

I have spoken to 16 other schools with variable levels of accomodating HTs and even the best/sensible/supportive ones are strongly against DS' attendance because of the high level of resource that is laid out in his statement. The best ones have simply been honest about the reasons they don't want him.

And I'm sad to say that I am in the same LA as you. The delegated budget system pitches schools against parents.

www.ipsea.org.uk/

sorry for interrupting but does this la begin with k

No, but sorry if k is a pita too.

God Starlight, that is shit. So sorry ds is being treated that way. Hope she gets her comeuppance in some way... but more importantly, I do hope something can be done to sort it out. God knows what, mind.