[SENco-forum] How many TA hours do you have in your school ?

Hi Barbara et al.

Your parents of statemented children in your LA need to know that there is  
no such thing in law as a 'de-statementing policy'. The CoP sets out individual 
 procedures for determining whether (for each individual pupil) the LA are no 
 longer required to maintain a statement. Adopting a policy, in advance of 
each  child's statutory annual review, to 'de-statement' a whole category of 
children,  by implication, would be unlawful if implemented.

At statement review, a key determining factor in respect  of ceasing to 
maintain a statement, is whether all of the statement  objectives have been met. 
And even if they have been met, if withdrawal of  statemented support may cause 
a halt or reversal of progress, then the statement  should continue. Such an 
individual decision making process would be  side-stepped by this apparent 
proposed blanket policy -- and such blanket  policies -- even for selected 
categories of pupils (i.e. secondary phase  only) would be unlawful.

See the reminder to all LEAs sent by Ian Coats (then Head of the DfES SEN  
Team) in November 2005 where he deals clearly in respect of outlawing  blanket 
policies for particular categories of children.

Same message to the SENCo on this topic, who says their LA are no  longer 
specifying hours of TA but devolving funds in advance by pre-set  formulae. This 
is also unlawful if a blanket approach is being taken to funding  statemented 
provision so that and hours of provision are not normally being  specified in 
quantified term in each child's statement.

All LAs know the law because this is the most trawled over element of  SEN 
Case Law --- and subject to more Government guidance than any other  aspect of 
the SEN legal framework. It is why statements were introduced. So your  LA (as 
are many others) are knowingly breaking the most fundamental legal  principle 
of statementing law -- to save money by robbing your SEN children of  their 
legal entitlement. 

I sincerely hope action is being taken to end this seeming law breaking  
wherever it is occurring -- I'm sure no conciencious SENCo would allow the law  to 
be broken so blatantly without speaking out against this and informing the  
DfES. (I'm assuming the facts as stated are correct. (Brendan King speaking 
from  a personal capacity)  