Although we are told that the version of Alison Sauer’s new guidelines for local authorities now circulating is not the final one, I have been assured that the section on SEN is unchanged in the final draft which Graham Stuart now has. This was confirmed when somebody helpfully sent me some notes and handouts from a training session run by Sauer Consultancy Ltd for a local authority in the north of England.
My jaw dropped when I read what Alison wished to remind local authorities about in the new guidelines and I am not sure that the implications are yet clear to most parents. She says on page 20:
A Local Authority is responsible for any child of compulsory school age that ‘has been brought to their attention as having (or probably having) special educational needs.
Where such a child comes to the attention of the Local Authority, the Local Authority has a duty to establish whether the child has SENs that are not currently being met.
Now this, although surprising to many home educating parents of children with special needs, is perfectly true. If you are home educating a child and somebody rings up your local authority and says that she believes your child to be dyslectic or have Asperger’s, then the Local Authority have a legal duty to assess your child and see if you are providing for these needs; which may or may not exist. This is a power of which very few LAs are really aware or ever consider exercising. Most home educators are glad about this; they do not want their local authority knocking on the door to ask questions and carry out assessments unless they the parents invite them to do so. This section from the 1996 Education Act makes the situation clear. It is s321 (3):
(1) A local education authority shall exercise their powers with a view to securing that, of
the children for whom they are responsible, they identify those to whom subsection (2)
below applies.
(2) This subsection applies to a child if—
(a) he has special educational needs, and
(b) it is necessary for the authority to determine the special educational provision
which any learning difficulty he may have calls for.
(3) For the purposes of this Part a local education authority are responsible for a child if
he is in their area and—
.....................................
(d) he is not a registered pupil at a school but is not under the age of two or over
compulsory school age and has been brought to their attention as having (or
probably having) special educational needs.
Now the question is, why on earth would Alison Sauer wish to remind local authorities that they are responsible in this way for all home educated children who have, or might appear to have , special educational needs? Do most home educating parents of such children really want their local authorities to assume responsibility in this way for their children? Or have they taken their kids from school precisely because they no longer wish the local authority to be responsible in this way, because they wish to take over that responsibility themselves? I wonder if anybody can imagine the effect that reading the bits quoted above would have upon an overly zealous Educational Welfare Officer investigating a home educated child whom she thought might have special needs? After all, the local authority is responsible for this child and has a duty in law to check that his needs are being met.
I must emphasise that this part of the act is not only concerned with statemented children, but with any child, whether or not at school, who somebody tells the council might have special needs. As I say, few local authorities currently assume this duty, but they still have it legally. The question is, why on earth would anybody involved with home education wish to remind them about this and urge them to start knocking on the doors of all home educated children with special needs so that they can take over responsibility in this way? The 2007 guidelines for local authorities, by comparison, limited themselves to a few words about children with statements and said nothing at all about this general duty. Are the new guidelines an improvement in this respect?
