Education law - whose responsibility?

[streakybacon]

Question for clever, legal-savvy MNers.

I'm aware that responsibility for a child's education rests with the parents and not the LA/state. I also know that where there are special needs and disabilities, the responsibility is still with the parents but the LA has to make sure that the SN&D are provided for.

What is the position where there is a statement or EHCP? Does the LA take over responsibility for the child's education or is it still with the parents?

Also, at what age does the child/young person become responsible for their own education or training? Is that 16 or 18? And in the case of those with EHCPs, do parents retain responsibility if the young person isn't capable of taking it for themselves?

Sorry, I'd normally check this out myself but my head's all over the place and I can't remember the best place to look online.

Links to relevant legislation would be most helpful.

Thanks .

As I understand it, the LA is responsible for meeting all the DC's special educational needs or making sure that they are met by eg school, OTs SALTs and home educators.

If the parents keep refusing to take a child of school age to school then they can be served with a notice to produce the child and can be prosecuted if they don't. Hence a couple of gritty situations where the Tribunal had ruled that the child had to be in a certain special school and the parents kept on with home ed. The parents were forced to give in or face prison, from memory.

Under the old system if you were on the school roll at 16 you were entitled to stay in that school having your SEN met until the day you turned 19

I don't think EHCP has changed much except that the ability to access funding and support goes on until age 23.

The school/education leaving age is shifting upwards but I have not heard the latest on that

Sorry this isn't a full answer but I hope it is a start

Thanks.

Your first para is my understanding too, as far as meeting special educational needs goes, but I'm not sure if the LA has overall responsibility when there is an EHCP or if it still stays with the parent.

I'm looking to prepare an answer for what the LA might say when/if they refuse the placement we are aiming for. If they say "We are responsible for ds's education and we say he should go to X placement", I want to have my facts right before I say "Actually no, I'm responsible for his education" or "He's responsible for it himself".

He's not in school now (HE) so staying on after 16 doesn't apply.

I just need to have these facts straight in my head before we meet to thrash it all out.

I'm a bit worried that they might name X Crap College on his EHCP, even though it's entirely the wrong place for him, just because they have the authority to do so .

I've emailed IPSEA but haven't had a reply back yet.

It's a joint responsibility. Parents have a duty to ensure their children receive full time education whilst they are of compulsory school age, but LAs have a duty to ensure that there are enough school places for them (or to make other arrangements for children who aren't in school) and to identify and provide for SEN. Once an EHCP is in place, the parent still has the duty to ensure their child gets to school (or is home educated adequately) but the LA has to ensure their SEN are met in accordance with the requirements of the EHCP.

If the LA name a special school in the EHCP, then by law your son has to go there whilst he is of compulsory school age unless the LA agrees to other arrangements being made. If they name a mainstream school or college, you are entitled to take him out but in that event you are responsible for providing education and ensuring that SEN support is in place.

They can certainly decide to name X Crap College if they want to do so, but that's not an issue of parental responsibility, it's because the law says that they can do so if they think XCC can meet his needs and it's cheaper than what you want. You then need to appeal to seek to overturn that.

Sorry, I should have said that if DS is past compulsory education age, then he can appeal - all the decisions at this age are for him to take assuming he has legal capacity to do so.

Thanks Ici, that's the sort of explanation I was looking for.

Don't suppose you can link me to the relevant legislation, can you?

If DS has a statement then the Education Act 1996 applies. If it's an EHCP, then it's mostly the Children and Families Act 2014, though parts of the EA are still in force, just to confuse things. Also have a look at the SOS SEN and IPSEA websites.

He has an EHCP, finalised December. IPSEA have replied to my email but didn't tell me anything I didn't know. But I've re-read the COP relevant sections and I think it's a bit clearer now, thanks .

I've just kind of accepted that the LA will probably be difficult, so I'm aiming to have answers for anything they chuck at me, just in case .