naming schools and arranging transport

R (M) v. Sutton London Borough Council (2007) – in this recent case the parents wanted a mainstream school which the local authority was content to name in the Statement. However, the local authority refused to provide transport because there was another school which was nearer which, it argued, could equally meet the child’s needs.

The parents appealed to the High Court.

dismissal, discipline and grievances – the new law

Series of links which provide useful guidance to employers about their obligations under the new law that came into effect on 1 October 2004

if parents pay the fees can a local authority pay for the sen provison in an independent school?

Section 324 Education Act 1996 says that if a local authority maintains a Statement, then ‘unless the child’s parent has made suitable arrangements’ you have to make the special educational provision specified in the Statement.

The Code of Practice says that parents can educate at their own expense at an independent school (whether approved under s347 or not) and if they do, you still have to be satisfied that that school is able to meet that provision, before you are relieved of your duty to make provision. There should also be a realistic possibility that the parents can pay for the arrangements. The Code says that the local authority need not name the placement in Part 4.

However, what has always been a little unclear is whether the Code means that parents have to pay for all of the provision: could, for example, parents pay fees and local authority pay TA support?