[senco-forum] Part 2 of arranging provision and funding statements (was t...

Hi Kate -- If you read what I have posted on this again -- you will see I  
have indicated that schools do not have to agree to fund any part of statemented 
 provision, if in doing so, this would take away provision from other 
children.  Have a look at CoP 8:34(b).

If I were in your position, I would use my block delegated funding (taking  
no notice of headings or formulae used to notionally divide that money up) to  
employ TAs to meet the needs sufficiently of all of my SA and SA+ children  
first as a priority. The LA cannot dictate to the Governors of a school how  
delegated funding is used -- the school can "vire" all of its funds according to  
its own priorities (i.e. delegated funding cannot be legally ring-fenced).

I would then see what funding was left to employ more TA's to see if there  
was sufficient to meet the LA request to fund the first 10 hours of TA support  
for my statemented children. If I could not afford to employ TAs to cover any 
or  all of the 10 hr requirement -- I would inform the LA -- showing them my  
calculations (show them the books). The Governors of the school have a duty  
to do their best to meet the needs of all of its children in the school -- not 
 just statemented children -- or, indeed, are statemented children a  
priority.

If the LA did not put in additional central funds to meet the shortfall of  
provision for statemented children (as is its duty) I would not provide that  
provision by taking it away from my non-statemented SEN children so that they  
languish as a result -- but let the parents of the statemented children  know 
that they should write the LA chief officer and require the LA to  "arrange" 
(and fund additionally if necessary) that provision. I would  explain to these 
parents that we were not legally allowed to allow the SA and  SA+ children to 
have insufficient provision at the expense of statemented  children -- but the 
LA has a legal duty towards arranging and funding  additionally provision for 
statemented children (so long as hours of TA are  quantified within their 
statements). There is a standard model letter on  IPSEA's website for parents to 
use to require that LAs to arrange  provision where they are in breach of duty.

The LA won't like your action but it is morally and legally justified. It  is 
vital, to justify your position morally, that you can show that all of your  
SEN funding is used for SEN SA/SA+ and statemented children directly -- i.e.,  
for TAs and equipment for the sole use of SEN children.

It is vital also that the statements are specific and quantified -- showing  
the exact hours of TA support so that parents can enforce that provision  
arrangement upon the LA. You need to obtain your Headteacher and Governors  
support if you are going to challenge the LA on this.

Tribunal panels, IPSEA advisors, and most reasonable parents will not seek  
to interfere with how TA's are micro managed -- and you should be able to avoid 
 velcro support where it is not justified, and to arrange provision in shared 
 groups if that is the most efficient in meeting your childrens needs. No  
statement needs to be so specific that it limits sound educational practice and  
the right of the headteacher to manage his staff in the most efficient way. 
But  this should not be to the extent that statemented children with very high  
level needs -- with specified full-time TA support -- not even  being in the 
same classroom as their designated TA (an experience as  an SEN teacher I 
experienced many times in special and mainstream schools I  worked in). Cheers 
Brendan 