Half of children in care with SEN lack statutory statements

The Department for Children, Schools and Families has issued new guidance on the legal responsibilities of the authorities and schools involved with Special Educational Needs (SEN) children placed into care outside their home authorities.

According to the guidance, Guidance on Looked After Children with Special Educational Needs placed out-of-authority, over half of all ‘looked after’ children do not have the statement of Special Educational Needs (SEN) to which they are entitled. Thirty per cent of children taken into care are placed beyond the boundaries of their local authority.

The guidance says: “Twenty-eight per cent of looked after children have a statement of special educational needs. Generally about 60 per cent of all looked after children have some form of SEN.”  This suggests that about half do not have the SEN statement they should have.  The problem could be worse for children placed out-of-authority because, as the guidance says, “there can sometimes be confusion” on the responsibilities of the local authorities involved.

The guidance does not contain new obligations but outlines the Department’s view of the law on the responsibilities the various authorities have in these circumstances.  It covers situations such as 52-week placements and emergencies, gives its view on best practice, outlines the issues on financial responsibilities and provides three case studies at the end.

The practical definition of “ordinarily resident” is explored since it is the Department’s understanding that “the responsible local authority for assessing a child’s SEN and for making and maintaining statements is the authority in which the child is ordinarily resident”. Many children will become ordinarily resident in the authority to which they move but there are some major exceptions.  As the guidance goes on to explain, the placing department will usually retain responsibility when children are placed out-of-authority for 52- and 38-week placements, serial short term placements, in emergencies and under interim care orders.  A statutory definition of “ordinary residence” does not exist. But the identity of the local authority required to assess a child for SEN is contained in 321(3) of the Education Act 1996.

The guidance also encourages local authorities to discuss out-of-authority placements with each other on an individual basis as practical problems can result, and be damaging for the children involved, if this does not happen. The document says: “Good practice is that local authorities should always discuss moves of looked after children with receiving authorities before a final decision is made as this is a good way to ensure such placements are made as smoothly as possible.”

Also covered in the document is the situation where children do have an existing SEN statement: “Generally that statement should transfer to the authority where the child will be living...The receiving authority must continue to maintain the existing statement and can consider bringing forward arrangements for a review of the statement.”

http://publications.everychildmatters.gov.uk/eOrderingDownload/00060-2010DOM-EN.pdf