[senco-forum] (no subject)

This is just an LA guideline Fiona. And there is no law or CoP guidance?that states a set number of hours for a child at any gradation of SEN provision -- whether SA, SA+ or statemented. LAs can have notional guidelines -- to enable some consistency of provision across the LA and for formulating?advanced block delegation of SEN additional funding. 

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But it is for the school to determine how delegated funding?is used for each individual child at School Action (+) and what level of support is required and provided for each individual child. The purpose of higher levels of?delegated funding (Gov strategy recomendations/giudlines?issued?in 04/5) is to enable sufficient levels of support as the child requires at School action so that there is less need to rely on statmenting.

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If the LA attempt to cap the level of support at SA this is unlawful (blanket policis not allowed) and potentially against the aims of the strategy and fetters the School Governors duty to do their best to meet te needs of all of the school's children

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But Gov has said the LA must issue guidance to schools as to how enhanced levels of delegated SEN funding is used -- if this is the intention then that's ok -- so long as there is no pressure?on schools to stick ridgidly to the 5 hours. And if the LA?are saying the funding is limited only to enable approx up to 5 hrs per estimated/notional SEN Pupil and no additional funding will be available for funding a child at a higher level -- and to do so would starve other SEN children of needed funding for TA support -- then this is the stage at which it can be said that the school cannot meet a child's needs from its own resources (due to limitation of funding based on the formula crated by the LA).

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And, therefore, school or parent (or both) should request a statutory assessment with a view to?the LA determining the child's needs and required provision by means of a statement. In these circumstances (LA giudance criteria and funding arrangments?limiting TA support to 5 hrs max -- when professional advice from school is that child needs more) a tribunal appeal panel would always order an assessment and then a?statement with the professionally recommended hours specified in quantified terms. Brendan King (advising on own behalf)

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NB: Assessments and Statementing (with parentall tribunal appeal rights) remains as?the safeguard that ensures SEN children receive their entitlement to sufficient provision to?meet all of their SEN.?

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

From: Fiona Moore 

To: Senco Forum 

Sent: Sat, 9 Feb 2008 10:33

Subject: [senco-forum] (no subject)

Can any one tell me if the guideline that pupils at SA+ should receive up to  5 hours support has any force of law or is it just an LA guideline. I've  checked the CoP and it does not mention any figures.    

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