|
|
|
Nick Armstrong |
|
Tooks Court Chambers |
|
|
|
|
School level |
|
Rather than FE |
|
Or community care |
|
And present provision rather than past problems |
|
|
|
|
Needs rather than resources |
|
Unless two ways of doing it |
|
Statement when provision not normally available
to mainstream schools |
|
Education/non-education needs |
|
Specificity |
|
|
|
|
School based stages |
|
Assessment |
|
Decision whether or not to statement |
|
Statement |
|
|
|
|
6 weeks to decide whether to assess |
|
10 weeks to decide whether to statement |
|
2 weeks to make statement |
|
8 weeks to draft it |
|
Total 26 weeks |
|
|
|
|
Parent or school request |
|
Keep a copy |
|
Submit any expert evidence |
|
Diarise 6 weeks & chase |
|
|
|
|
|
Resources not normally available |
|
Examples at Code para 8.13 include: |
|
Specialist teaching |
|
Daily CSA support |
|
Significant piece of equipment |
|
Regular involvement of non-educational agencies |
|
Special school |
|
|
|
|
Six parts |
|
Specificity |
|
But E v LB Newham [2003] EWCA Civ 9 & R
(IPSEA) v SSES [2003] EWCA Civ 7 |
|
Education/non-education |
|
Marshall your expert evidence; note SLT |
|
Choice of school |
|
|
|
|
|
Maintained schools distinguished: Sch 27 |
|
Independent schools: |
|
Prove cannot meet needs |
|
O/wise costs:
Oxfordshire & GB [2001] EWCA Civ 1358 & S v Somerset CC
[2002] EWHC 1808 (Admin) |
|
Now very difficult |
|
Education otherwise: T v SENT & Wiltshire CC [2002] EWHC 1474 (Admin) |
|
There are arguments but to win at SENDisT level
you need to show nowhere else can meet needs |
|
|
|
|
|
SENDisT against: |
|
Refusal to assess |
|
Refusal to statement |
|
Content of statement |
|
Decision to cease to maintain |
|
Statutory appeal |
|
Also consider judicial review, complaints and
the monitoring officer |
|
Negligence actions |
|
Funding is key |
|
|
|
|
Two month time limit |
|
Appeal, statement of case & late evidence |
|
Legal chair & two experts |
|
About four months to list |
|
No legal aid for the hearing |
|
|
|
|
|
Have mentioned negligence actions |
|
Also consider: |
|
Bullying |
|
Human rights |
|
FEC issues |
|
Exclusion of children with SEN |
|
DDA issues |
|
Community care |
|
|
|
|
Nick Armstrong |
|
Tooks Court Chambers |
|
Notes