My previous posting asked for help in clarifying whether a local authority in England had a statutory duty to have a Policy for children with special educational needs.
The question seemed to have been answered by someone who contacted me by email, and whose information I myself posted as a Comment.
The duty to publish an SEN policy seemed, therefore, to be clear, set out in Statutory Instrument 2001 No.2218. The Special Needs (Provision of Information by Local Education Authorities) (England) Regulations 2001.
It is clarity on this question which is being sought, not to embarrass any individual. However, in a letter to a parent, Sheffield's Senior Manager, Children with Learning Difficulties & Disabilities writes:
I understand that the "No Voice" Campaign raised concerns that the Local Authority had a statutory duty to develop and maintain an SEN Policy .... I have contacted the Department for Children, Schools and Families to obtain advice from them on this matter. The DCFS have confirmed that there is no requirement for Local Authorities to have a SEN Policy, but that where appropriate, other Local Authority policies need to consider the needs of children with SEN to ensure that they are not unfairly disadvantaged.
There seems to be a contradiction here between the guidance provided to the Senior Manager by the DCFS and Statutory Instrument 2218. For instance, Section 2 of the Schedule requires the authority to provide:
Furthermore, Regulation 3 (1) b of the Statutory Instrument requires the local authority to publish the information on the internet. Many such examples can be found; that from Haringey for instance: http://www.haringey.gov.uk/index/children_and_families/education/specialneeds/senpolicy.htm
It is possible that Statutory Instrument 2218 has been superseded. Do you know if this is so? Does your local authority have an SEN Policy? Can you help clarify the statutory duty?
