Can schools decide whether to provide what a statement says or not?

[EyeOfNewtToeOfFrog]

Asking on behalf of a friend who doesn't speak fluent English. Her child is on the autistic spectrum and has had a statement of SEN since nursery. The statement says the child needs 1-2-1 support until year 5. After Year 1 the teacher apparently told my friend: "your child is doing so well we don't need to do the 1-2-1 support anymore" - and they've not provided any since then. The kids are now in year 3.

Surely this is not right??? I gave my friend the local Parent Partnerhsip telephone number, what else should she know?

And just in case you're wondering, this is a lovely little village primary with an outstanding ofted, etc etc. Then again - they generally don't seem to deal very well with kids who are a bit 'different' (such as my DD).

Thanks for reading :)

the child is legally entitled to the provision outlined in the statement.

it does, however, depend on how '1-2-1 support until year 5' is defined. if that is the whole phrase, then it is very wooly. a better phrase would be '1-2-1 support for x hours a week, provided by a fully trained and qualified ASD support worker' or similar (sorry, it seems my brain has melted a bit in the heat!)

She could talk to IPSEA about how to go about complaining, and getting the LA and school to front up wih the provision that her child is entitled to. has she not brought it up at Annual Review?

a statement is legally binding - your friend's school are talking bollocks. I agree with contacting parent partnership and IPSEA .
Ask your friend whether there a statement review coming up and try to get PP to attend.

Thank you both for speedy responses! I thought it wasn't right for the school to single-handedly deciding they weren't providing support anymore. I'm not sure about the exact wording of the statement as it just came up in conversation.

I will point my friend towards the IPSEA too, thanks for the tip

if the school won't do it, the LEA needs to step in and 'police' the statement - rather than having a parent constantly battling with the school. The LEA may be giving the school funding to give this support (depending on the local policy on how statement money is provided - I think it varies between LEAs). Anyway, if they are giving the school funding for things that aren't being provided, they'll be very interested to know!

Technically it isn't the schools legal responsibility to deliver the statement. It is the LAs. But LAs are entitled to bill schools for provision if the LA arrange it themselves.

yes star is right - the LEA are legally obliged to provide the support on the statement .

Ah, thanks Starlight. This might be relevant as it's a CoE school (so run by the diocese I think).

I had wondered about the funding too, clangermum. Now how unethical would that be, hey?

It's still the LAs responsibility.

Yes, it's really unfair for a parent to be put in that position. Her child has the legal right to that provision - the LEA and the school should slug it out between them about the funding and she shouldn't have to worry about it as she's won the legal right to it already. Happens all the time though. IPSEA brilliant on this kind of thing.

Church schools are notoriously bad IME at putting in cold hard cash for SEN but maybe thats just a local thing
Am surprised a Statement predicted how long a child needs 1:1 - usually should be reviewed each year.
However legally whatever the current version says is what must be provided.
Has to complain to the LA though. Until the LA know the provision is not happening there is no come back.
If you complain to LA and it does not change you can go to Ombudsman.

CofE schools are of different types. The diocese isn't heavily involved, but the vicar often is.

Have you seen this?:

www.mumsnet.com/Talk/special_needs_support_sessions/1479112-Mumsnet-KIDS-support-session-on-special-needs-and-education-THIS-THURSDAY-9pm