I have just noticed that the current model funding agreement for new academies and free schools would (where used as the basis for actual agreements) directly impose on them an obliation to make the provision set out in a child’s statement of SEN. For example, clause 63 of the current ‘standalone academy’ model says this:
“The Academy Trust shall ensure that all provision detailed in statements of SEN is provided for such pupils.”
Anyway, that now means that:
- for a pupil with a Statement of SEN in a maintained school, there is no direct obligation on the school to make the provision in question, but the LA is under an obligation and can use its powers under its scheme of financial delegation to force the school to deliver. The pupil can bring judicial review proceedings to force the LA to do that.
- for a pupil in an academy using the new model, the pupil could bring a judicial review challenge against either the LA or the academy, or both, if the provision was not being made
- for a pupil in an older academy, the pupil would (as explained in this post) have to bring the challenge against the local authority, which would be powerless to force the academy to make the provision; and there is no way the pupil could challenge the academy.
Sorry for not spotting that before!Tweet