statement, tribunal, 1:1 hours and funding - very quick question

[chocjunkie]

DD will attend a resourced unit when starting reception. We are taking the LA to tribunal for wishy washy statement that fails to quantify and specify provision.

anyways, DD will attend a resourced unit in which she will spend about 7.5h/weekly, the remaining 25h will be spent in a MS classroom. we want a 1:1 for these 25 hourse (in line with the reports for the SA). we cannot get a single hour of 1:1 :( (DD has autism, rather low functioning with severely delayed s&l, I mean WTF?).

LA are arguing that as DD will attend a unit, the unit has to meet DD's needs from their own resources and the LA is not able to allocate additional funding for DD's 1:1 (school told us they won't have resources for a 1:1 TA for DD).

I always thought statements need to specify and quantify provison? no idea why they bring up funding. I could not care less about who funds what. I am just interested in DD's provision.

the LA are taking the buiscuit, don't they. or is this a valid argument?

by law it has to be specified and quanitified - anything less is illegal - lea are trying it on to see how far you will go - a tribunal will follow the law not the local lea 'policies' and the law is clear. i was in a similar position last year with my son and they tried when he went into the mainstream not to give him 1:1 support - i kicked up such a fuss they backed down but he had only a year left - if you are only in reception. there is nothing wrong with having it written into his statement that 1:1 support to be given when he is in the mainstream especially as this is the time where he will struggle most. you must get it written into the statement otherwise it can not be enforced - if its in the statement the lea not the school must provide the funding

Choc, you're on the right track but you need to be clear and first have the 7.5 hours specified etc.

I think you're in danger of them saying that the unit is the placement and move to mainstream will only happen when she is ready/able to do it unsupported iyswim.

You can try and get the school to put in writing that they do not have the resources to support her 1:1 in mainstream, and evidence that a mainstream setting is essential for appropriate/modeling peers etc. but that it needs to be with a high level of supervision for her to learn that way.

You need to establish from the school what the LA funds the unit for. Ask for a copy of the s251 statement for the school and then ask the bursar to give you the unit costs.
LA will claim the Unit is funded for everything, these figures will prove that they will not. Also ask the school what additional support they provide from school funding to meet a childs needs.
You are trying to establish what a standard unit child gets - if yours needs more than clearly he needs additional and that should be specified.
If the advice is that he should receive 1:1 then that is what the SSEN should say.

I'm confused is the unit in the mainstream school or a completely different place? If its different then the statement should state its a split placement 7.5 hours unit and 25 mainstream (lots of children have split placements) If the unit and school and the same place then it would usually name the unit but state that will be integrated into mainstream for x hours with y support.

thanks everybody.
agnes, DD will attend a resourced unit within a MS school

nigel, do I get the S251 statement from the school or do I request it from the LA?

Exactly same situation for me at the moment. Have you got an appeal? If not, perhaps you can appeal for something more expensive that adding some one-to-one (for exemple a placement in an independant ASD school, but it is hard).
The SEN code of practise says that the statement must describe all of the child's needs (not what the school can provide).
Have you got a copy of the assessment report done by the school; if your child won't cope, they probably have put that on their report.

www.education.gov.uk/childrenandyoungpeople/strategy/financeandfunding/section251/b00197958/s251-workbooks-budget-2011-12