Statement experts part 4 in particular

[devientenigma]

What to do if the LA won't name the school in part 4 that the child is attending? How do you get them to commit and name?

Thanks in advance x

No Agnes, a school has been named in the past, however part 4 has been blank the last few year of him being out of school. That is something we thought of putting to the LA, asking what is the alternative. I think I'll ask! Thanks.

Thanks Lougle, that's also what I was thinking but how long will they allow it, is what I'm wondering, plus wouldn't they be allowed to pull the placement whenever.

Thanks Claw, will ask for the statement on Thursday.

It's risky, but at this stage they're playing games, aren't they?? Why did they put him in a school that they're not prepared to pay for?

Exactly Lougle, but then what do we expect when they've been able to play games with is for years. Can't understand how or why they even went with the inde school, unless it cos they knew only 2 schools would take him and the other was more expensive.

It would look really really bad to a tribunal to put him in an indi school, having failed to provide an education in years, get him settled and then remove him at whim without somewhere else for him to go.

They might threaten to stop paying but they won't go through with it if they don't have another school willing to take him. If they do threaten it ask them to put it in writing with reasons so you can take advice on judicially reviewing that decision.

I would just let it play out. It would be really embarrassing for LA to put this in front of a tribunal. I don't think they will want to go there.

If they bring up cost just say current school must be an appropriate use of resources given there is no cheaper alternative.

They have a legal obligation to provide a full-time education suitable to his age, ability and SEN and to make provision that meets parts 2 and 3. This is an absolute statutory requirement not a best endeavour duty.

See here There is no best endeavours defence in the legislation...it is the duty of the LEA to implement (the Statement)

This is different than say social care where councils are allowed to take resources into account in deciding what provision to make. In SEN the law prevents them from using a lack of resources as an excuse not to provide an appropriate education (I'm sure there is another legal case that says that but can't find it)

Is he reaching a transition age?

The cost wording is "inefficient use of resources". Ie they have to prove that a cheaper placement could/would provide the exact same provision in part 3. What agnes and lougle have pointed out is key: if they are offering no other alternative, what exactly are they proposing?

When was the last annual review? And have you had a formal LA decision following the review?