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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? -
10.02 Can an LA just cease to maintain (i.e. terminate) an EHCP?
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09.24 Can an LA/FTT approach EA1996 s9 on the basis that any extra cost for a parental placement is “unreasonable”?
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09.23 When deciding if extra cost is reasonable under EA1996 section 9, does the LA/FTT only look at educational benefits of the parental placement?
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09.13 Can the LA/FTT refuse to name a requested s38(3) placement simply because it costs a bit more?
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09.33 Can parents/young person ask for a home programmes or placements out of school?
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09.32 Is there a particular order to consider a parental/young person request for a particular mainstream maintained/section 38(2) school?
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09.31 Can parents insist on only part time mainstream school?
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09.18 Does the fact that the placement requested by parents people costs more automatically disqualify it?
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09.17 Can the LA/FTT ignore the parental preference?