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SN children

Here are some suggested organisations that offer expert advice on special needs.

Help - legal advice/help lines

5 replies

frizzcat · 29/05/2012 18:29

This is actually for a friend of mine. Her ds is seeking a place at a SN school - the LA have agreed he should be in an SN school but he didn't win a place at the SN school within the borough. The LA have gone into consultation with other boroughs to find him a place - but they are expecting him to travel up to 90mins each way! He's only 7 I've advised my friend to start taking some legal advice and I know there are helplines and solicitors some of you have used - can any of you let me know who they are, so I can pass to my friend?

OP posts:
wasuup3000 · 29/05/2012 18:34

Contact a family
IPSEA
SOSSEN
ACE

All can be googled to get the contact details x

frizzcat · 29/05/2012 20:13

Your a star Was Thanks

OP posts:
pinkorkid · 29/05/2012 20:44

Don't know what your friend's ds' needs are but 90 minutes journey for a neuro-typical 7yr old would be considered out of the question by any rational person. I'm pretty sure there are set limits for the journey time considered reasonable for children of different age groups. If I remember where they are I will post later. I would advise your friend to consider her arguments pre-emptively against an excessively long journey for her ds by picking out any relevant evidence from professional reports in the appendices of his statement such as sensory issues, anxiety, hyperactivity - basically any existing difficulties which would be exacerbated by having to endure an excessively long journey each day.

Other thing to consider would be the local special school's refusal to accommodate. Sometimes schools which are nominally full can be ordered by tribunal to make an extra place if reasonable adjustments can be made without prejudice to the efficient education of the other children there. So for example, providing htere is enough physical space in the class to which the child would be admitted but the issue is that there would no longer be the appropriate staff-pupil ratio after admitting another child, one obvious measure would be to take on an additional teacher or TA to compensate.

Relevant information in chapter 8 especially in the sen code of practice www.education.gov.uk/publications/eOrderingDownload/0581-2001-SEN-CodeofPractice.pdf
re admissions policies when a school is over numbers (note that with a special school the numbers to be considered are the num bers in the class to which the child would be admitted not the overall school numbers). Also rules re transport:

"8.85 The LEA should also consider carefully whether the admission of the child to a maintained mainstream school would take the school over the number fixed as the number of intended admissions for the year, which must not be less than the ?standard number? or ?approved admissions number?, in other words, whether the school is already nominally full. Admitting
children over this number might be incompatible with the provision of efficient education or the efficient use of resources. In some schools an additional child in a class would be incompatible with the efficient education of others as there might not be enough physical space, especially if all the children require particular aids that take up a lot of space. LEAs
must also comply with the class size legislation in infant classes (see paragraphs 1:33 ? 38).
A local education authority shall, before specifying the name of any maintained school in a statement, consult the governing body of the school, and if the school is maintained by another local education authority, that authority.
The LEA must serve a copy of the proposed statement or amended statement, or of the existing statement and the amendment notice to the school(s) whom they are consulting, and if the school is maintained by another local education authority, that authority.
See Schedule 27, Education Act 1996
111
Special Educational Needs ? Code of Practice
The LEA should consider these points very carefully in cases where they are not the
admissions authority for the school in question: that is, another authority maintains it or it is
a voluntary aided or a foundation school.
8:86 Admissions over the number fixed for admissions in special schools may be more
complex because the admissions number is expressed as a global total rather than per
class or year group. In such cases, the LEA should consider the number in the class to
which the child would be admitted rather than the total for the whole school.
Transport costs for children with statements
8:87 The parents? preferred school might be further away from the child?s home than another school that can meet the child?s special educational needs. In such a case, it might be open to the LEA to name the nearer school if that would be compatible with the efficient use of the LEA?s resources. It would also be open to the LEA to name the school
preferred by the child?s parents on condition that the parents agreed to meet all or part of the transport costs.
8:88 The school named in a child?s statement must be capable of meeting the child?s special educational needs. LEAs should not, therefore, promulgate general transport policies that seek to limit the schools for which parents of children with statements may express a preference if free transport is to be provided.
8:89 Transport should only be recorded in the statement in Part 6 in exceptional cases where the child has particular transport needs. In most cases LEAs will have clear general policies relating to transport for children with special educational needs that should be made available to parents.62 Such policies would need to set out those transport arrangements which are over and above those required by section 509 of the Education
Act 1996.
8:90 Where the LEA names a residential provision at some distance from the parents? home and the local authority, the LEA should provide transport or travel assistance; the latter might be reimbursement of public transport costs, petrol costs or provision of a travel pass.
hth.

frizzcat · 30/05/2012 15:56

Wow pink thanks for this! Thanks

OP posts:
pinkorkid · 30/05/2012 21:34

You're welcome - hope your friend finds somewhere closer and suitable for her ds. Let us know how she gets on.

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