Part 4

[inappropriatelyemployed]

This is for a friend: when issuing a statement, Part 4 has to name a type of provision even if it doesn't name a school doesn't it?

It can be left blank??

DS's was finalised first time round with just "mainstream community school" as he was out of school at the time, so I presume so. I then got a new finalised statement once they'd located a school that would have him.

I argued unsuccessfully for a unit place. Still not sure whether in hindsight it turned out to be a blessing or a curse. You can just exit stage left to home ed from mainstream, whereas specialist provision means you have to ask the LA's permission. This means the wrong special school can be harder to extricate yourself from in an emergency.

I think with the first proposed statement, part 4 is left blank for parents to indicate what the preferred.

Otherwise yes, it should at least describe the type of school/provision.

Thanks - this is for a final statement. I think it has to specify at least a type of provision. So it can say 'mainstream school' etc but it can't say nothing.

Bochead - I share those worries on SS

When I had my both boys proposed statements part 4 was just blank. But I think the way the content of statement is worded indicates whether it is going to be mainstream or specialist provision.

With DS2's it was worded that he needed high level support but there were no places in ASD unit so named his then current mainstream. After putting in an appeal to tribunal they amended statement to say DS will start in ASD unit in September 2011. (Sorry if I have over shared too much!part 4 should be blank in a proposed)

Oops sorry x posted. Definitely named in a final statement.

This is a final statement.

x posted too!

"Part 4: Placement
8:42 In the final statement, Part 4 will set out the type of school and any particular school which the LEA consider appropriate for the child, or the LEA?s arrangements for the provision for education otherwise than at school which the LEA consider appropriate. But this Part must be left blank when the proposed statement is issued, so that the LEA do not pre-empt consideration of any preference for a maintained school which the parents may state, or any representation the parents may make in favour of a non-maintained special or independent school (see Glossary)." pg104

"8:97 Parents may choose to place a child with a statement in an independent school (whether or not approved under section 347) or a non-maintained special school at their own expense. If parents choose to make such provision for their child, the LEA must be satisfied that the school is able to make special educational provision for the child that
meets their special educational needs before they are relieved of their duty to arrange provision in an appropriate school. The LEA is not required to specify the name of a school in part 4 of the child?s statement where they are satisfied that the child?s parents have made suitable arrangements but they must, in those circumstances, state the type of provision. Parents should not be treated as having made suitable arrangements if the arrangements do not include a realistic possibility of funding those arrangements for a reasonable period of time. The LEA are, whether or not a school is named in the statement, still under a duty to maintain the child?s statement and to review it annually, following the procedures set out in Chapter Nine."

"8:99 Where a child is ?looked after? by the local authority, and the child?s education is arranged by social services, the LEA should consider whether the local authority, as the child?s parent, has made suitable provision under section 324(5)(a). If so, the LEA may refrain from arranging the provision specified in the statement. Section 324(4A) of the Education
Act 1996 does not require the name of a school to be specified in part 4 of the statement but the LEA must, in such cases, name the type of provision.
8:100 Where a child is ?looked after? by the local authority and placed in a community home with education or other children?s home that provides education, or with an independent fostering agency providing education, then the LEA may conclude that suitable arrangements have been made and the LEA is relieved of their duty to arrange the provision specified in the statement.
8:101 In such situations Part 4 should state the type of school the LEA consider appropriate but go on to say that: ?parents have made their own arrangements under section 7 of the Education Act 1996.?"

So, it seems that there is no get out. They must state the type of education. However, they can refrain from naming a particular setting in certain circumstances.

Sorry, didn't reference the SEN CoP.