"About time too!"

IPSEA welcomes the Secretary of State's strong action against Bedfordshire's unlawful Statements

In the spring of 2005, Bedfordshire LEA was the subject of a number of complaints from parents of children with special educational needs (and from IPSEA) because they were failing to fulfil their duty towards children with special educational needs. Instead of specifying the provision in Statements, the LEA was leaving it up to schools to decide on the type and the amount of support a child was entitled to. This is contrary to the LEA's duty under the Education Act 1996.

Now the Secretary of State in the Department for Education and Skills (DfES) has looked at Bedfordshire Statements and given the LEA 15 days to begin amending the Statements which do not clearly describe the help a child should receive. The Secretary of State wrote to parents:

30 September 2005

Dear Mr and Mrs X

Further to our meeting … my officials have considered your complaint about Bedfordshire Local Education Authority's statements.

The Authority has provided copies of its statements which we have considered alongside the amended final statement for Y that you provided.

In many of the statements submitted to the Department as representative of the Authority's practice, and in Y's statement, the provision in Part 3 of the statement to be made for the child is left open to the school to determine by asking them to draw up an Individual Education Plan detailing the type and duration of the support to be provided.

In the Secretary of State's view it is therefore not clear from the children's statements how the school and the child's parents are to know what the Authority determined should be provided for the child in order to meet their special educational needs.

In relation to these statements, the Secretary of State is satisfied that the Authority is delegating its responsibility under section 324 of the Education Act 1996 to 'determine the special educational provision' to be made for a child for whom it makes and maintains a statement. She is concerned that, if these statements are representative of the Authority's general approach, it will not be complying with its statutory duty and determining the special educational provision in other cases, perhaps the majority of cases.

I have therefore written to Bedfordshire Local Education Authority explaining that the Secretary of State is minded to direct the Authority to amend the statements submitted to the Department which leave the school to draw up an Individual Education Plan detailing the type and duration of support which is to be provided, to comply with their duty under section 324 of the Education Act 1996.

I have further asked the local authority to reply within 5 working days confirming that it will amend those particular statements, including Y's, to comply with section 324 of the Education Act 1996. I have also asked the Authority to send, within 15 working days, all the parents concerned, including yourselves, amendment notices setting out the detail of their proposed amendments and the reasons for the amendments, and explaining parents' rights to make representations.

Local SEN Parent Advocate Julie Maynard, who supported the parents, commented:

"I am delighted for all parents in Bedfordshire whose children have been denied an appropriate education by this Authority's unlawful actions. Despite Bedfordshire being given several opportunities over the last six months to reappraise its policy, it never did so."

Jeannette Hutchins, one of the parents, commented:

"Children with special educational needs have the legal right to have their provision 'protected by a statement that is specified and quantified according to their individual needs. I urge all parents across the Country whose child has a statement that refers to a 'level of funding or banding' to contact IPSEA. Working together we can stop LEAS acting unlawfully towards our children."

Commenting on the Secretary of State's action, Roger Inman, IPSEA's Chief Executive, said:

"This is an excellent decision for the children whose parents made the complaint and sent their Statements to the Secretary of State. But there will almost certainly be many other parents in Bedfordshire with unlawfully written Statements which deny their children their legal entitlement to the provision which they need. Now Bedfordshire have had their error pointed out to them, we would hope that they would put plans in place to amend all their unlawful Statements, and give an assurance to parents that, in future, no more will be written. To help with this, IPSEA will do its best to ensure that all parents who have children with special educational needs in Bedfordshire hear about the Secretary of State's decision. We will urge all parents to have a close look at their own child's Statement and, if it needs amending, send it back to the LEA as soon as possible. Of course, IPSEA will be happy to advise parents on their child's Statement …"