S139A Learning Disability Assessment

Hi Mum of 3,

Sorry if my post came on a bit too strong, I didn't want to belittle anyone or anything.

I gave more in detailed info as OP said they were looking to go for Judical Review.

I sooo get your fustrations about colleges not following LDAs but you may have been be able to challenge the council on not doing enough on their part to secure the provision for your son + things might change somewhat by the Gov's EHCP.

In the meantime somone in this situation might encourage the college to access funds from the Gov's Department for Education's agency. It's now called the Education Funding Agency and they fund young people upto their 25th birthday who have a LDA.

The college etc can apply for funding upto or around £19K per year for students with high level needs.

At the moment I would echo Mum of 3's advice on trying to stay at a local school sixth form or be linked upto one for continued Statement support. Pitty as my school didn't even have a sixth form during my time.

Take Care,

urspecial

Hi Charity,

IntenseWorld's Statutory Guidance is a good start.

Background Info 

Offically they are called Learning Difficulties Assessment (LDA) and they cover further education, training and higher education.

The LDA comes under: 

- Section 139 Learning and Skills Act 2000, 

- Section 80 Education and Skills Act 2008 (amended the above Act),

- Sections 115 and 46 Apprenticeships, Skills, Children and Learning Act 2009 (section 46 is regarding LDA and boarding school etc provision, it amended the 514 of the Education Act 1996).  

From memory training includes those that are "social, vocational, recreational etc". 

Your Situation

I'm going to presume you are looking at LDA for youself, though feel free to correct me. Are there particular reasons going for JR, if you don't mind sharing a bit with us. 

I'm not a lawyer so the legal info was just kind of giving some context. By the way the Government's Education, Health and Care Plans will not cover Higher Education [HE] so if anyone is looking at this area, they have 'till Sep 2014 to get one and the Gov is keep those ones that are active then to remain in force for a further two years, but this may change.

Contact Members of the House of Lords if you think HE should be included in EHCPs, especially as the Children and Families Bill [Gov trying to bring in new law] will require unis to better support carers which is great, but we need at least current support in the way of LDAs to stay put. 

I'm looking to get a new LDA as I need far more support than what the Gov's Disabled Students' Allowance (DSA) can cover in HE, as it has caps on the amount of help you can get and doesn't cover social support etc at uni. 

More background info on LDA available from independant specialist colleges association: http://www.natspec.org.uk/directory/how-to-apply-to-a-specialist-college-information-for-parents-and-carers/

Legal help available from: Citizens Advice or your local law centre, find them from http://www.lawcentres.org.uk/i-am-looking-for-advice  

Parent's experiances: http://autistickidsgrowup.wordpress.com/2013/02/20/drafting-the-s139a-learning-difficulty-assessment-lda-for-16-25-year-olds/  

Section 68 Education and Skills Act 2008 may be handy as the LA has to provide services that they think will encourage, enable or assist the effective participation of a young person or relevant young person in education or training. I think relevant young person means those with learning difficulties and/or LDA but may need to double check.

Services the council think may help may be careers advice, social skills support, travel support etc.

You can email the Gov's Department for Education and they'll get back to you by fifteen working days. They've been helpful to me in the legal side in the past.

I hope any of that was useful.

Good Luck,

urspecial

Many thanks, I have read and re-read this document but not yet telephoned the Department - great suggestion. 

Am working towards judicial review, and covering nearly every aspect of special needs!

Maybe this will be useful or you could contact them to ask the rules:

http://www.education.gov.uk/aboutdfe/statutory/g00203393/lda