Latest News - January 2009

Special Education Post 16 – Learning and Skills Council

Elaine Maxwell has succeeded in getting the Learning and Skills Council’s agreement to fund a specialist placement for a young man with Down’s Syndrome. He had been educated in local authority special school until the age of 19 and had very severe communication difficulties. The local college which was proposed for him put forward a curriculum which seemed focussed on filling his time with subjects such as art and drama, rather than providing the intensive life skills and communication training he needed and his parents wanted for him. His parents found an independent college where the whole focus was on teaching him to live an independent life within a supported environment, with work placements in areas that interested him. They also provided full access to speech and language therapy, which had been missing throughout much of his time at special school.

Although many of the issues with post 16 education at college are the same as those in the special needs schools system, funding is the responsibility of the Learning and Skills Council (LSC) and not the local education authority. The appeals system is very different. Very few appeal hearings take place each year but we have little doubt that this is mainly because parents and students are not aware of what can be achieved. This case shows it is possible to succeed in getting the right provision if the case is prepared according to the LSC’s criteria. These are rather different from the ones parents have been used to seeing in Special Needs Tribunal hearings, and can only be used to decide on the placement of the student, not the provision within the local college. However for students with the most severe needs this appeal route should always be considered. We advise that it is vital to start thinking about this process in the year before the transfer from school to college, so that the correct reports can be obtained in order to present the case properly.

To find out more about how we can help you, please contact Maxwell Gillott Solicitors.