As I posted on another thread:
The school decides how to spend its delegated SEN/AEN budget.
The school decides that DC with SEN (SA and SA+) will be provided with out-of-the-classroom, TA delivered, off-the-shelf interventions. Realistically DC can't be out of the classroom for longer than 5 hours a week. Therefore DC on SA and SA+ are entitled to up to 5 hours invention outside the classroom but they are not entitled to support in the classroom. Even written advice from external experts is ignored.
The school decides that DC who are on the G&T register but not on the SEN register and are not underachieving (and so 'should' get level 5 at KS2) have AEN and are entitled to up to 13.5 hours support. Of course, they don't need the interventions they have on offer and so this is taken to mean 1:1 tuition and in-class support. DC on the G&T register are subjectively identified by the school for academic performance, not nationally but in comparison to their classmates. No external advice is necessary.
Ironically, DC on the G&T register meet the new requirement for the first 6K/13.5 hours support expected before requesting top-up/statementing but DC with severe and persistent SEN do not, and under a system that says 'you need a statement to get support in the classroom', never can because DC need support in the classroom to get a statement!
So, if DC are going to achieve and make the school look good, identify them early and give them extra support. If DC have SEN, tough, they are likely to fail anyway so there is no point wasting effort for no reward visible in the league table.
This matters because DS2 received his first refusal for SA today. Not because he is making good progress. No argument there. But because he already has access to services it normally takes a statement to achieve. But the school, with the help of external experts should be able to achieve progress. I agree. He is visited termly by SALT, OT and specialist SLCN teacher. Trouble is the school ignore their advice and give him 5 hours of provision he does not need instead.
As things stood the LA could ultimately be held accountable as defendant in an appeal. How are schools held accountable? What court do we take them to before they start to act lawfully?
The problem with deliberately closing your eyes to an issue, although apparently morally commendable, means that you can't see what is happening under your nose iykwim