Latest News - November 2009

Funding withdrawal could have big impact for children at Camphill Community College

Two claims for judicial review have been made against a decision of the Learning and Skills Council to withdraw funding from Coleg Elidyr, a Camphill Community College in Wales based on Steiner principles of education.

Emily Gent at Maxwell Gillott solicitors is acting for one of the Claimants and says:

"The decision to withdraw funding from the Coleg is quite simply wrong which is why we are challenging it on numerous levels."

"Whatever the outcome, one of the main concerns at this stage is the impact on students and that has not been properly considered. Also, the Coleg has lost both staff and students and that vital sense of stability - something that will take time and great effort to regain."

"The uncertainty over the future of the Coleg has left students concerned and worried about a change which, due to the nature of their disabilities, they would find extremely difficult."

"It is still not clear why the Learning and Skills Council took the drastic action that it did at the time that it did. However, there is likely to be more uncertainty over post 19 education provision. The LSC is due to be abolished in April 2010 assuming the Apprenticeships, Children, Skills and Learning Bill, that is expected to receive assent shortly, comes into force. It will transfer LSC responsibilities to new bodies - the Young People’s Learning Agency and Skills Funding Agency - from April 2010. As the 'Transition to the new 16-19 and post-19 landscape: Bulletin No. 7 (published by the DCSF and Dept Business Innovation and Skills)'" says Emily.

"The arrangements for planning, commissioning and procuring funding will relate to the academic year from August 2011, meaning that the processes will be operational from the latter part of 2010. However the processes through which funds reach providers and are accounted for will be in place from April 2010."

"How the transfer of procurement will work in practice is to be set out in regulations that have not yet been written. This clearly leaves a large element of uncertainty generally. Emily Gent says that she is already hearing of Local Authorities insisting that post 19 placement will be 'in county'."

"I have already been contacted by a family in Islington with a child in Year 12 of a specialist residential school. They have been told that in two years he will move back in Borough and not go on to a specialist residential college. Similarly to the LSC decision to withdraw funding from Coleg Elidyr, this does not appear to be based on any assessment of his individual needs. Although this family has some time before a proper decision is made, a general trend away from specialist colleges would almost certainly lead to a loss of specialist providers and expertise for those that desperately need it."

"It really is vital that the impact of a withdrawal of funding is properly assessed and that student needs and circumstances are taken into account before a decision is made. There is a mechanism that the Learning and Skills Council can use to addresses any concerns about the performance of specialist colleges, it is called a Notice to Improve, but Coleg Elidyr was not given the opportunity to follow that process as the LSC simply terminated the contract. It must be hoped that any future changes in funding arrangements at this or other colleges are considered more carefully."

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