Success with Barnet Local Education Authority

10/04/2003

 

Thank you very much for the brilliant service, professionalism and caring attitude whilst handling my recent claim.

Vicki, Sheffield

Following a recent decision of the London Borough of Barnet's Local Education Authority (LEA) to tell hundreds of parents that their children's Statements of Special Educational Needs would be changed to no longer specify or quantify the special educational provision they were entitled to receive at school, specialist Education lawyer Douglas Silas of Alexander Harris solicitors was instructed to represent a family in their fight to retain their child's appropriate education.

Douglas said today: "This decision has caused outrage amongst parents, support groups, charities and specialist education advisers alike.  What Barnet LEA were doing was not only unlawful but also potentially detrimental to the many hundreds of children who were going to be affected by their decision.  It is a legal requirement for a child's Statement to specify and quantify the extra help and assistance they are entitled to receive and not just have that decision delegated through a Banding system of funding to the school itself."

"Despite this clearly unlawful policy we were also faced with the ridiculous situation of finding that whenever a parent rang Barnet to complain about their proposals the LEA backed down immediately in their case which effectively meant that many parents who did not fully realise the serious consequences and had therefore not challenged the LEA would be those whose children would still be affected."

"After our clients were informed about the new banding system proposals we immediately threatened to commence Judicial Review proceedings against Barnet.  However this morning I have received a call from someone on behalf of Barnet LEA to let me know that they are now intending to withdraw the proposed policy and, although still keeping their references to the new Banding system, will now be checking and amending all Statements to reinstate the specified and quantified support that was there previously.  Whilst we haven't yet received confirmation in writing we are pleased that Barnet have now recognised the very serious problems which they had created for parents of special needs children and have decided to sensibly reconsider their position." 

"Whilst this is positive news, some parents may still be experiencing difficulties with regard to the provision in their child's statement and they should of course still seek to exercise their new right to appeal to the Special Educational Needs and Disability Tribunal should they not get a satisfactory response to their representations from the LEA." 

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