The local authority (LA) is responsible for assessing the needs of the child and young person (CYP) and for determining and putting in place suitable education provision.
In deciding what provision should be put in place the local authority will consider the child’s needs based upon appropriate assessments and any evidence provided by the host school and the family.
Bracknell Forest Council (BFC) expects that the graduated approach has been mobilised for any CYP being referred for S19 provision and there should be a BFC My Support Plan (or equivalent) informed by a holistic, whole family assessment in place for each child being referred. A copy of these documents should be attached to the request form submitted.
The graduated approach documentation is key to informing BFC’s decision about what an appropriate Section 19 offer should contain, however, if this isn’t in place Section 19 provision must still be considered based on the information made available and arranged if agreed.
When completed in full, the request form will provide BFC with relevant and essential information alongside the BFC My Support Plan (or equivalent) documentation to be able to make a decision around the need for Section 19 provision.
Where the child is at school, the school knows the child/ family, and their individual circumstances, well, so the information we require from the school is critical for the right decision to be made. Where the child is not at school, the LA will use evidence available but may require further assessment from a range of professionals to make a decision.
The assessment undertaken by BFC legally has to include the following:
- Is the child of compulsory school age?
- Would the child receive suitable education without alternative Section 19 provision?
- Is it reasonably possible or reasonably practicable for a child to attend school? This is an objective test with a high bar and is to be assessed by BFC. If no, then alternative education must be arranged.
- What alternative educational provision is suitable, reasonably possible, and reasonably practicable for a child to access? This is a factual question for the LA to determine and will depend on the specific facts of the case.
- If the child is a child with SEND, will the child not receive suitable education unless such alternative education arrangements are made for them? This is fact specific - the focus is on whether BFC has provided suitable education that it is reasonably possible or practicable for a student to access. This is an objective assessment, and the views of the parents are not determinative.
- Is the pupil unable to attend school but able to learn?
- What is their suitability for independent learning and what are the home circumstances?
- What are the child’s needs? Age, ability, aptitude, and any special educational needs. What do these suggest a suitable and efficient education needs to involve?
- How are these needs best to be met?
- What assessments have been undertaken in school and what have these identified?
- Is there a medical opinion? What is the supporting medical evidence?
- What other evidence is available and what is this suggesting?
- What is the plan for reintegrating back into school?
- Are there reasons relating to the child’s physical or mental health which would suggest that, in the interests of the child, part time education is more suitable than full time education?
- Would remote education adversely affect the pupil’s return to school?
- Would pupils with long term medical conditions or any other physical or mental health needs affecting attendance require additional support to continue their education?
BFC will record discussions and assessments undertaken by panels responsible for Section 19 provision decisions on a pupil record and will inform the referrer of the outcome.