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  • Characteristics of a setting

    We have an LA who are trying to exclude anything that they deem describes a "setting" from section F provisions, claiming it can only go in Section I. We know this is not true and this is not what section I contains.

    We also know that it's common to say e.g. needs a low-sensory environment or e.g. needs toileting facilities of a certain type.

    But I can't find reference to this in the case law in the Noddy Guide and the LA just keep repeating it.

    Kinds of things they want to exclude: sensory environment relating to classrooms and lunch facilities, type of exams and qualifications a school offers, multi-disciplinary teams (e.g. OT and SALT) holistically delivering to child's needs, and working on skill integration (ie theraputic special school ). All of these defined as needs in Section B.

    There's lots of really clear reference to case law showing that health care or social care provision which educates or trains a child can be special educational provision in the Noddy guide (thank you!)

    It seems to be a catch-22: we are trying to make provision absolutely specific and quantifiable, but LA are trying to exclude anything that "relates to a setting", so some specific items they will claim can't be in Section F. Is there any precedent here?

    O J

    11 Jul 2023

  • 08.23 Can the LA require parents to provide education?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    14 Feb 2022

  • 08.21 Can an EHCP leave matters in section F by a future assessment?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    14 Feb 2022

  • 08.15 Does section F have to specify things like how much provision a child or young person requires, and how often?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    14 Feb 2022

  • 08.06 Can health or social care provision also be educational provision?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    14 Feb 2022

  • 08.02 Is there a rule specifying what counts as SEP?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    14 Feb 2022

  • 08.22 Is the duty on the LA to secure the provision in Section F absolute?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    14 Feb 2022

  • 08.20 If an LA delegates all its SEN funding to schools, does it still have to specify and quantify SEP in section F of an EHCP?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    14 Feb 2022

  • 08.19 Is it permitted to mention funding bands into section F and, if so, does that change the other requirements for section F?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    14 Feb 2022

  • 08.18 Can section F be less specific because the LA has a policy not to specify/quantify SEP?
    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister

    14 Feb 2022