Case Law 19+ Education

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Looked at this again. More comments:Some info from my buddy, might be useful

LEAs are not required to provide education after 19 but Local Authorities are, this becomes responsibility of Social Services.The young people have a legal right to education, and the purpose of the S139a assessment and Form is to set out the educational needs and the provision needed to meet those needs. Together with the Core Assessment, they feed into the Care Plan. See Alloway vs Bromley, the needs must be spelt out in detail and the provision needed to support the access to the education must also be spelt out in great detail to meet the legal requirements. So SSEN goes, but legal right is still there, and still enforceable. No Tribunal but you can Judicially Review in High court if the SS do not comply with the law on either S139a or Core Assessment and if they fail to deliver what provision is set out to meet needs. The law says this must be needs driven not resource driven. I have copies of the Guidance (see site of Dept of Education for documents) . In Social Care, Guidance is mandatory for SS to follow unlike in education where guidance is only guidance. Our kids are entitled to legal aid in their own names, but finding solicitor who will do legal aid work is problem these days. You need lawyers who are social/community care specialists. You also need independent social workers who are also scarce on the ground: plenty who favour LAs and will only take instructions from them but scarce in truly independents SWs who are also good at what they do.If anybody wants more info I have loads.C.