Lapsed statement

[Olivevoir]

Hi, my dd is 17.5 yrs old. At school she had an EBD statement (long story, adopted from care system aged 8, ADHD diagnosis but has severe anxiety and other symptoms of developmental trauma). She left school (summer 2013) with 7 gcses inc maths and English. At her insistence went to FE college to do L3 Btec. Connexions adviser drew up S139a and off she went. At same time got a letter from the LA saying that as she was at college statement had ended. Anyway S139a not worth the paper it's written on and she received absolutely no support whatsoever at college and by Christmas had pretty much dropped out, finally dropping out around Feb. The LA were made aware of this through an email asking for her to be funded to A levels on line from this September. It was cc'd to several LA people but addressed to her connexions worker who agreed to change the name of the provider on her S139a. This was in April. Anyway, you have guessed it, after lots of stalling over the summer 'panel' have now said they won't fund it even though it's a recognised provider used by the LA for their under 16 school refusers and cost £7,500 pa which is substantially less than they were paying school for her statement. My question is, where do I legally stand regarding her statement. As she doesn't technically have one anymore, what is the LAs duty of care. Anyone got any advice on how I proceed from here?

As she presumably still has the LDA, I'd write to the LA (see the IPSEA website for the model letter and advice on where to send this) and ask for it to be converted to an EHC plan asap. She will have to be assessed for an EHC plan. As with statements, make sure all her difficulties are spelt out as the needs, and get whatever provisions she needs (ie describing the special provider you want) specified and quantified.

The LA's duty of care under an EHC plan is pretty similar to a statement - but she is now entitled to education up to the age of 25. The educational placement must meet all the needs, regardless of costs.

Also, if they are funding under 16 school refusers there, but not your daughter just because she is 17, then that is disability discrimination. She is being treated less favourably than others with similar problems. IMO, its generally not worth going down the road to a claim for disability discrimination at the Tribunal - an appeal on SEN is more effective. However, there is no harm in pointing it out, in passing to the LA.

Thanks Tempe, that is very helpful advice. I have my fighting hat on once again (I thought once she was out of school things would be simpler...but no. Just don't have to worry about the EWO anymore!)