My son's statement is in the process of converting to EHCP and we are awaiting the draft EHCP. Prior to the draft being issued the LA sent us a letter notifying us of their intention to gradually reduce the provision which is in current statement and our right to appeal if we disagreed.
I know that provision in his statement needs to continue and the LA is unable to remove or reduce the provision until the EHCP is finalised. Where is this duty mentioned in the SEN code of practice or SEN Regulations?
You are correct that the statement remains in force until the EHCP is finalised. This means that the LA continue to be under a legal duty to arrange all of the special educational provision set out in part 3 of your son’s statement.
This duty can be found in the Education Act 1996. The following extract from section 324 states:
(5) Where a [local authority] maintain a statement under this section, then— (a) unless the child's parent has made suitable arrangements, the authority— (i) shall arrange that the special educational provision specified in the statement is made for the child
You can see this set out in its entirety by looking at IPSEA’s link to SEN and Disability law here. You may also wish to write to your LA using model letter number 6 which is contained in our information ‘common problems relating to statements of special educational needs’ by clicking here. You will need to adapt the letter to make clear that the letter you have from the LA suggests they will be reducing the special educational provision set out in your son’s current statement until the EHCP is finalised and this is unlawful.
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