< Previous | Contents | Next >

CHILDREN AND YOUNG PERSONS WITH SPECIAL EDUCATIONAL NEEDS

CHILDREN RECEIVING EDUCATION OTHER THAN IN THE AUTHORITY'S SCHOOLS

Retained Responsibility

194. The education authority for the area to which a recorded child or young person belongs retains the duty to keep his Record under consideration and carry out reviews regardless of whether the child or young person receives his education in a school under the authority's management, at a grant-aided, independent or self-governing school in the authority's area or elsewhere, or at a school under the management of another education authority. The education authority responsible for keeping the Record is also responsible for satisfying itself as to the fulfilment of its duty under section 62(3) of the 1980 Act (discussed at paragraph 14 of this Circular).

Arrangements made by Parents

195. Where an education authority places a child or young person belonging to its area at a school not under its management, in the Department's view, it must meet the fees and other necessary costs of attendance at the school (see the discussions in paragraphs 146, 160-161 and 180). Occasionally, however, parents may elect to make private arrangements for placement and, so long as an education authority is satisfied that the chosen school will cater adequately for the child's or young person's special educational needs, it would be advisable to accept those arrangements. The authority will not, in these circumstances, be responsible for the fees or costs of attendance. However, the education authority has a continued responsibility to maintain and review the Record and to satisfy itself that the school placement made by the parents continues adequately to satisfy the special educational needs of the child or young person (see paragraph 17).

Education at Home

196. The parent of every child of school age has a statutory duty to provide efficient education for him suitable for his age, ability and aptitude, either by causing him to attend regularly a school under the management of an education authority or by other means (section 30 of the 1980 Act). A parent may choose to provide such education for their child by having him or her educated at home. In these circumstances the education authority must be satisfied that the provision made is efficient education suited to the age, ability and aptitude of the child, taking into account his or her special educational needs. The authority may offer support to a parent in such circumstances but, it should be stressed, even where a child has a Record of Needs, an authority has no obligation to do so if it has offered to provide efficient and adequate education at one of its own schools, or elsewhere.

Children in the Care of Local Authorities

197. Where children are the subject of compulsory measures of care, or are in voluntary care of the social work authority, the education authority retains responsibility in relation to them. If any of those children have special educational needs, the education authority must decide, in the ordinary way, whether it needs to assess that child with a view to opening a Record of Needs. In such cases, the education and social work authorities must work together to achieve the best for the child (see also paragraphs 150-152).

Consultation before Taking into Care

198. To assist the child's educational development, social work authorities should, where possible, consult with the education authority in advance of a child with special educational needs being taken into care. In any case, the social work authority should notify the education authority when it places in a school a child in its care. For operational reasons, that information should be kept up to date. When a social work authority places a child at a self-governing, independent or grant-aided school it should have regard to the special educational needs detailed in the Record of Needs (if the child has one) and the education authority, for its part, must satisfy itself the chosen school is able to cater adequately for those needs.

Notification of Intention to Assess for a Record

199. Where it is known a child is, or is likely to become, the subject of compulsory measures of care, taken into voluntary care, or where he or she is currently being supervised by the social work authority, to assist co-operation and effective provision for a child, the education authority should tell the -social work authority of the outcome of any assessment which leads to the opening of a Record of Needs.

Information Needed by Education Authority on Home Placement

200. Whatever the home placement of a child or young person, whether in the family home, a foster home, or in residential accommodation, the education authority needs to be aware of the location and circumstances, so that in making decisions about school placement it can consider which school will be most appropriate for the child or young person and his or her social and emotional needs as well as any special educational needs he or she may have.

Children in Hospital

201. Some children and young persons with a Record of Needs may need to enter hospital for extended periods. Whenever the child or young person is well enough to receive education, the education authority should ensure that appropriate arrangements. for that are made. Often efficient provision can be made through co-operation between ward staff and the hospital teaching service. At any rate teachers working with recorded children and young persons in hospitals should be briefed on the contents of the Record of Needs and should consult with education authority staff in order to devise programmes to satisfy as many of the child's or young person's needs as can appropriately be met in the exceptional circumstances.

< Previous | Contents | Next >