lawful for the LA to simple cite Sure Start Scheme and enforce a restriction of 15 hours per week TA level of provision for pre school children in a SEN Statement?

[tapioca]

Could anyone advise if it lawful for the LA to simple cite Sure Start Scheme and enforce a restriction of 15 hours per week TA level of provision for pre school children in a SEN Statement?

By daughter who has GDD and 4 in June has been issued a statement SEN (first statement at amended stage). The LA issued proposed statement at 10 TA per week and subject to review when she transfers to reception Jan 11. Daughter currently attends nursery 2 days a week (8 am -6 pm). I made representation this was not enough level of provision. The LA replied stating this was full time support'.

I made further representation asking how the LA determined 10 hours TA was 'full time' and that this was still not enough level of provision to address her SEN and transition plan of attending more days at nursery in prep. for reception. The LA are now stating she is only entitled to a max of 15 hours TA support because she at pre-school age. I have contested this as a blanket policy during representations, but LA continue to state they are following legislation entitlement of free early education under the Schools Standards and Framework Act 1998 and the Sure Start Scheme through the 2006 Code of Practice.

See below LA letter in response.

As you will be aware all 3 and 4 year olds are entitled to free early education up to 12.5 hours per week (or 15 in some Local Authorities) under the Schools Standards and Framework Act 1998 and the Sure Start Scheme through the 2006 Code of Practice. It is recommended that thIs entitiement should be spread over 5 days or at the very least 3.

The Local Authority does not consider more than 5 hours a day of support to be suitable and this is the reason why the term 'full time' was used. 'E' will be receiving the full recommended daily support during the two days she is at school, which equates to 10 hours per week.

Should parents continue with the current arrangement the Local Authority will provide 5 hours of TA support for 'E' each day. However, LA has confirmed that should parents be willing to increase the number of days 'E' is in School then provision of up to 15 hours TA time may be considered.

will your dd be at school full time in september? i can see what they are saying tbh if she is still in preschool as if she is doing over the 15 hours then its for childcare reasons i suppose. If she is at school fulltime in september then i would expect 32.5 hours of support to start then!

hi thanks for swift reply.

my dd will start reception in JAN 2011

my reason for posting this query is that I understood the LA's duty is to arrange the provision is not limited to 15 hours because of the child's age nor by the "free nursery place" legislation. SEN provision is not linked to free nursery place hours but to child`s statemented needs.

Is this correct or can any LA simple state all pre school children with SEN statements are only entitled to receive a max of 15 hours TA per week?

tapioca, yes they can is the short answer.

"All three and four year olds are entitled to 12.5 hours of free early education for 38 weeks of the year. This applies until they reach compulsory school age (the term following their fifth birthday). The early education can take place in nurseries, playgroups, preschools or at their childminders.

Some local authorities (LAs) are offering 15 hours of free early education a week, with all LAs doing so from September 2010. This will be delivered flexibly over a minimum of three days. Since September 2009 all LAs have been making the extended offer available to 25 per cent of their most disadvantaged children."

So, the rules state that the 15 hours must be taken over a minimum of 3 days.

The LA are saying that you are choosing for example, to use from 8.00-13.00 as your NEG, then from 13.00-18.00 funded by you.

They are matching the funded time with 1:1. If you choose to send her for either 3 x 5hr days, or 5 x 3hr days, they will provide 1:1 for all of them.

It isn't a blanket policy. They only have to provide support for hours she is entitled to. When your DD starts school, you could put her in wrap around care so that her day is 8-6, but the LA will only provide support for the statutory hours, which will be (say) 9-3.

Sorry, link for that quote here

thanks lou,

I am amazed if the the case for preschool statements of SEN

I had taken advice from a reputed suffolk based charity who advise on SEN who made the point that that

'...when a child has a statement they are obliged to specify provision in Part 3 to meet the needs in Part 2 and if this is more than 15 hours then so be it. The duty to arrange the provision is not limited to 15 because of the child's age nor by the "free nursery place" legislation' adding 'it sounds as though they are simply seeking to confuse you to avoid extending the hours' ' SEN provision is not linked to free nursery place hours but to child`s statemented needs... you must take this to Tribunal...'

If this the case many thanks for your advice

Hmm, now this is an area that I am interested in too and I think it is more complicated.

By way of a statement, preschool children are 'entitled' to an education that meets their needs. If it is considered that they need MORE than 15 hours education, or support for more hours than this it CAN happen. There are SLD schools in my county that accept 2 year olds full-time iyswim.

The thing about having a statement (even a SN although it is harder to argue) is that reasonable adjustments need to be made. If a child needs hospital treatment mon-fri then a LA can provide home tutoring on Sat and Sun for example. Anything is possible really.

Pre-school education and childcare are different things. The whole system discriminates against working parents of SN kids who need a 1:1, yet LA's are supposed to have a statutory duty to provide childcare for disabled children. It all looks good on paper, but is meaningless in reality.

In my area you get 1:1 for % of 12.5 hours depending on severity (50% / 75% without statement and 100% only under a Statement) BUT can extend this up to 30 hours under a separate funding stream for parents who work or in training so each extra hour (which you would pay for childcare over 12.5 hours) the 1:1 is provided on same basis as 12.5 hours ie 50%, 75% or 100%.

So my son could get 30 hours (at age 3) as he has a statement for 100% 1:1 - the first 12.5 hours would be free - I'd have to pay the extra childcare element - but the 1:1 TA for up to 30 hours would be provided by the LA. He is in a private nursery.

Its paid under SureStart General Grant. You need to ask them for their funding criteria for SEN in the private and voluntary sector.

There is a statutory duty to provide childcare for parents of disabled children to work - I think its Childcare Act or something but its quite new and probably not tested.

it might be your area does not have similar scheme but I would quote the Childcare Act at them - they now have to make provision - of course there is no sanction in the Act if they don't! What about asking your MP to intervene??

What my LA is doing is here.