Interim Provision

The YP has been out of school for two years and the LA have not provided any educational provision. The Tribunal has been adjourned for the third time and the LA are supposed to provide suitable interim provision in the meantime. The YP has ADHD and the LA are proposing online learning which he cannot engage in. His assessments and EHCP note he struggles to remain seated for longer than 10 minutes and cannot concentrate for more than 2-3 minutes. A practical course that allows for movement is recommended. The YP wants a construction course (14-16 years) with functional skills maths and English. A local learning provider have offered a place using their own funding for the YP up to the date of the Tribunal providing an interim measure for the YP. The parent would like to accept this but the LA have cited section 42 (5)
The parent is not however suggesting that they wish to electively home educate at any point - in fact quite the opposite. They want to use this as an interim measure up to Tribunal where the placement is to be defined as sections B F and I are disputed and under appeal. The LA proposal for online learning does not meet need or provide the current provision listed in the EHCP and to date the LA have failed to provide any provision at all since June 2022. If the parent sends the child to the construction course in the interim given that there is no provision in place from the LA making it clear that this is simply an interim arrangement just until Tribunal and not elective home education can the LA cute section 42(5). Please consider that they are failing under section 42(2)