[senco-forum] query

Jes the solution is quite straightforward -- and lies within the parental powers. The LEA is legally obliged to arnage all of the provision specified within a child's statement (Part 3).

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Whatever the LEAs wording on the statement in relation to funding arrangements (e.g, "school is fiunded to deliver all of specified/quantified provision", or similar) this cannot relieve the LEAs duty to arrange and fund as neccessary that provision. So, if a school formally (in writing) informs the LEA that it has expended all of?its funds for the provision in the statrement -- the LEA must immediately send extra funding to ensure that there is no breakdown in continuity of provision. 

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That is what a statement is for, and why it is often described as the "protection" for the child in respect of continuity of provision. To end the provision, the LEA must amend the statement -- which triggers the parents right to appeal. It is expected that provision then is not withdrawn until the appeal is heard -- and if it was withdrawn on resource?grounds only the appeal will certainly be upheld.

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As soon as the provision is withdrawn by the school -- which has quite simply run out of funds (and I agree it should not rob Peter to pay Paul) the parent should write to the LEA with a legal warning type letter --?as the LEA will be in breach of its legal duty to "arrange" the provision --?and giving a deadline to arrange the restoration of the provision (10 working days initially -- then a final 5 working days).

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And then (if neccessary) parents shoud?consult a specialist?solicitor to apply for an emergency Judicial Review -- which will normally trigger legal aid in the child's name??-- and which can be heard in a matter of weeks. JR court proceedings, on current statemented provision,?are rare as LEAs legal depts virtually always concede before court action proceeds. 

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Alternatively, or as well,?a complaint can be made to the Secretary of State under Section 497 of the Education Act 1996. And, although the Schools Dept. is usually slow to act,- a quick phone call from the area SEN team leader to the LEA lead SEN officer? - usually results in speedy restoration of provision and is the one area that quick action is usually taken.

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IPSEA has a standard letter template for downloading to require LEAs to restore or implement statemented provision.

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The downside for the school may be that, if the LEA consider that the funds delegated / devolved in the first instance, were sufficient to cover the statement provision, and all of the other SEN provision needs in the school -- and has evidence that this was diverted to other uses -- it can top slice the schools SEN funding in the next financial round accordingly.

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So it is vital for Headteacher's / resource manager's / SENCo's to keep an accurate audit of all SEN spending -- and to show it is used, in total, on resources directly relating to SEN children (i.e., LSAs directly working with SEN groups and individuals / special equipment / technology for the direct and sole use of SEN children, etc.). Use of the funds to provide for staff and equipment that benefits, and is used substantially?by, non SEN children as well as SEN children, is diversion of funds in my view -- and could cause the Governor's to be in breach of their legal?duty to "make their best efforts to meet the needs of all of the children in their school".

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Keeping a transparent and clear account of how SEN funding is used will, of course, be vital if the parent goes to the High Court or the Tribunal about reduction / withdrawal of provision. Hope this helps (Brendan King -- speaking in a paersonal capacity).?

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-----Original Message-----

From: Alex Hammerstein 

To: 'Cannon - Miss J' ; senco-forum at lists.becta.org.uk

Sent: Mon, Oct 1 10:58 AM

Subject: RE: [senco-forum] query - where does the buck stop?

Jess    I think that you will find it is the Governors who are legally responsible  for the funds and that the school manages them on behalf of the Governors.    If the money is ring fenced then if it were me, I would be formally writing  to the Head advising him that he is using ring fenced funds for other  purposes, and I would also write to the SEN Governor pointing this out.    Clearly it won't make you the most popular member of staff, but it a) will  cover you and b) should be sufficient to ensure that you get your proper  funds, since if it came out at a later stage at a tribunal or similar that  you had pointed this out an no action taken, then the Head and SEN Governor  could be in some difficulty.        Alex      -----Original Message-----  From: senco-forum-bounces at lists.becta.org.uk  [mailto:senco-forum-bounces at lists.becta.org.uk] On Behalf Of Cannon - Miss J  Sent: 01 October 2007 12:11  To: senco-forum at lists.becta.org.uk  Subject: [senco-forum] query - where does the buck stop?      WARNING!  Slightly rambling hastily written email!    A hypothetical situation    SEN funding (100% of it derived via Audit) all spent up! Some heated  discussion between SENCo and Head about what it 'should' be spent on and  what it is spent on.  Yr 9 Student - BESD Statement quantifying 15hrs TA support. SEN dept can  only provide 2.5! (If we re-direct support, it would leave a 'support  class' with 3 statemented students without any support).  BESD student  very much at risk of permanent exclusion.  SENCo highlights dilemma to Head. Also points out high likelihood of any  exclusion being overturned because of the school failing to meet his  Special Ed Needs.   Head moans..."I can't magic money from no-where...."   SENCo replies "fine - just to alert you and 'pass the buck'; I can only  work with the resources I'm given."  Head replies "we share the buck - we are jointly responsible"  Heads suggestion was to move BESD student (average ability) into support  groups to access support. SENCo declined suggestion!    Questions  1. Is there anything stronger than 'should' in any guidance about where  SENCos / admin support is funded from?  2. Any ideas on how to support this young man - to make his life chances  a bit more positive and to avoid perm. excl.?  3. Anyone found any effective ways to squeeze money and put it back  where it belongs?  4. Am I legally / professionally responsible for the failure to meet  this students needs?    Any equally rambling advice appreciated!  Thanks  Jess      

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