img
  • O J

  • SEND family
  • Rewards 15

Questions [1]

Questions they have asked

  • 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

Answers [0]

Questions they have answered