Statement of special educational needs question

Hello to the Forum,

I am a newbie and this is my first post so I apologise if I have broken any forum protocols.

Although our son has a statement of SEN we began home schooling him because it wasn't working out at school and he was miserable and depressed as a result.

My question is:

Can we decline to renew the statement? I ask because we have moved to a new LEA and they are pestering us to allow a home visit - something we were warned not to allow.

Since our son is home educated we don't actually see the relevance of the statement unless the lack of one might affect the granting of his DLA and my wife's carers allowance.

If anyone can shed light on these matters we will be very grateful.
 

Admin

Administrator
:welcome: to the forums.

The HE-Special website and mailing list should be useful sources of information and support for you.

Home Educating with a Statement**

"Parents' right to educate their child at home applies equally where a child has SEN. This right is irrespective of whether the child has a statement of special educational needs or not."*

"Parents need only provide an efficient, full-time education suitable to the age, ability and aptitude and to any special educational needs the child may have as defined in Section 7 of the Education Act 1996." *

Unless the Statement specifies provision at home to be made by the LA, the statement becomes a legally unenforceable document. The LA will no longer have a statutory duty to arrange the provision specified in the Statement and nor will parents who have no statutory duty to provide such anywhere anyway.

The LA are still under a duty to review the statement at least annually, until such time as they cease to maintain it. Where a child is established in elective Home Education, it is reasonable for the LA to conclude that it is no longer necessary for them to make provision or to continue to maintain the statement. Parents who no longer seek provision from the LA could write to the LA asking them to cease to maintain the statement, as it is no longer appropriate.

**From September 2014 Statements will be replaced with Education, Health and Care Plans.
 
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