98/03

Cheylesmore HouseQuinton RoadCoventry CV1 2WT

CIRCULAR

THE FURTHEREDUCATION FUNDINGCOUNCIL

29 January 1998

ARRANGEMENTS FOR STUDENTS WITH LEARNING DIFFICULTIES AND/OR DISABILITIES REQUIRING PROVISION IN 1998-99

ToPrincipals of collegesHeads of external institutionsHeads of higher education institutions receiving Council fundsChief education officersPrincipals of specialist colleges outside the sectorHeads of careers servicesDirectors of social services

Circular typeGuidance

SummaryArrangements for students withlearning difficulties and/ordisabilities requiring provision in1998-99

SupersedesCircular 97/01

Reference number: 98/03

Enquiries:Heads of regional offices/regional directorsLindy SysonEducation and institutions01203 863006

ARRANGEMENTS FORSTUDENTS WITH LEARNINGDIFFICULTIES AND/ORDISABILITIES REQUIRINGPROVISION IN 1998-99

INTRODUCTION

1 This circular sets out:

• the arrangements for students withlearning difficulties and/or disabilitiesrequiring provision in further educationsector colleges; and

• the arrangements by which the Councilwill secure provision for students withlearning difficulties and/or disabilities atspecialist colleges outside the sector.

BACKGROUND

2 The Council’s arrangements for students withlearning difficulties and/or disabilities have been inplace since 1993-94. They were first outlined inCircular 94/03. Since then a circular has beenpublished annually detailing the arrangements forthe following teaching year. The arrangementsenable the Council to fulfill its legal duties under theFurther and Higher Education Act 1992 (the Act).

CONTENTS OF THE GUIDANCE

3 The guidance in this circular remains largelyunchanged from that of previous years. Anychanges are marked in the margin. The Council is,however, currently reviewing its internalarrangements for considering placementrecommendations. This review will be completed byearly March 1998. It will include an assessment ofthe Council’s procedures in the light of its statutoryduties and an identification of the appropriate rolesof the Council and other agencies in the placementprocess. This may result in changes to theplacement process from September 1999 onwards.The Council intends, therefore, to issue furtherinformation on the arrangements by which theCouncil will secure provision for students withlearning difficulties and/or disabilities at specialistresidential colleges in autumn 1998, which willoutline any changes to the placements procedure for1999 and beyond.

4 This guidance comprises:

• Part 1 Legal background

— role and responsibilities of theCouncil

— role and responsibilities of localeducation authorities (LEAs)

• Part 2 Provision for students at sectorcolleges

• Part 3 Provision for students at aspecialist college outside the furthereducation sector.

There are 13 annexes to this circular:

• Annex A — the Council’s regional officesand corresponding LEAs

• Annex B — schedule 2 to the Further andHigher Education Act 1992 and theCouncil’s associated criteria

• Annex C — the Council’s criteria andfactors for consideration for provision at anon-sector specialist college

• Annex D — effective transition

• Annex E — status of non-sectorestablishments

• Annex F — agreement between theCouncil and the local governmentassociation

• Annex G — non-sector specialist collegesat which FEFC-funded provision has beengraded 3 or higher

• Annex H — schedule for the inspection ofFEFC provision in non-sector specialistcolleges, 1997-98

• Annex I — recommendation form: newstudent

• Annex J — recommendation form:extension.

• Annex K — sector college assessmentreport

• Annex L — specialist college initialassessment report

• Annex M — careers service report

• Annex N — specialist college reviewreport

The forms at annex I and annex J may bephotocopied. They are also available on disk. Torequest a disk, please contact Beverley Burgess atthe Council’s Coventry office.

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PART 1 LEGAL BACKGROUND

Role and Responsibilities of the Council

5 The Further and Higher Education Act 1992(the Act) places a range of duties upon the Council tosecure facilities for further education which are:

• sufficient for the needs of full-timestudents aged between 16 and 18

• adequate for the needs of full-timestudents aged 19 and over and part-timestudents aged over 16 where the course ofstudy falls within the scope of schedule 2to the Act.

6 Schedule 2 to the Act sets out a range ofcourses which lead to vocational or other recognisedqualifications, either directly or indirectly. A copy ofschedule 2 is attached at annex B, together with theCouncil’s criteria and guidance on interpretingaspects of the schedule. Colleges are reminded thatprogrammes of literacy, numeracy, ESOL and thosefor students with learning difficulties and/ordisabilities are not required to have externalaccreditation. Colleges, however, are expected toretain rigorous evidence of progression for studentswhose programmes fall within schedule 2(j).

7 The Council also has the duty, when securingfacilities for further education, to avoiddisproportionate expenditure; to make the mosteffective use of its resources; and to have regard toany similar provision made by LEAs, grantmaintained schools, non-maintained special schools,city technology colleges and city colleges fortechnology of the arts.

8 When discharging the general duties outlinedabove, the Council is required under the Act to haveregard to the requirements of students with learningdifficulties and/or disabilities. The Act states that aperson has a learning difficulty if they have asignificantly greater difficulty in learning than themajority of persons of their age; or they have adisability which prevents or hinders them frommaking use of facilities of a kind generally providedby colleges within the further education sector forpeople of their age. The Act also states that aperson should not be taken to have a learningdifficulty solely because the language or form oflanguage in which he or she will be taught isdifferent from that which has at any time beenspoken in their home.

9 The Act states, in section 4(3), that the Councilshall secure provision at a specialist college outsidethe sector for a student with learning difficultiesand/or disabilities for whom adequate facilities arenot available at a college in the sector, where this isin the student’s best interests. This duty applies tostudents up to the age of 25.

10 The Council’s duties under the Act towardsstudents with learning difficulties and/or disabilitiesand the ways in which these should be dischargedhave been further outlined in the secretary of state’sletter of guidance to the Council, published inCircular 92/08. This asked the Council to ensurethat wherever possible, learning difficulties shouldbe no bar to access to further education. Thesecretary of state also emphasised the importance ofassessing a student’s educational needs and ofinter-agency collaboration in contributing toarrangements that would meet those needs.

11 In the light of these responsibilities, the Councilhas agreed criteria by which it will fund students toattend specialist colleges outside the sector. Theseare shown at annex C, together with the factors itwill take into account in making funding decisions.The criteria and factors are unchanged from1995-96.

12 The Council is not permitted, by section 5(4) ofthe Act, to give funds to LEA maintained schools,grant maintained schools, city technology collegesand city colleges for technology of the arts. Thismeans that it cannot pay funds to specialist collegesoutside the sector where those funds aresubsequently paid to such an institution, forexample, via a subcontracting arrangement. Thisprohibition relates to section 4 of the Act, wherebythe Council may secure provision for students withlearning difficulties and/or disabilities because suchstudents cannot be provided for at a sector college.

13 Further information on the law governing theprovision of further education to students withlearning difficulties and/or disabilities is available inDuties and Powers: The law governing the provisionof further education to students with learningdifficulties and/or disabilities by BeachcroftStanleys, solicitors. It is available from TheStationery Office (formerly HMSO), price £13.95.

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Role and Responsibilities of Local EducationAuthorities

14 The DFE Circular 01/93, issued on 5 January1993, outlines the continuing responsibilities ofLEAs after colleges were given corporate status on1 April 1993. These responsibilities cover:

• pupils over the age of 16 attendingsecondary schools

• where it is considered necessary, theprovision of transport for studentsattending courses of further education

• the power to provide discretionary awardsto students in further education.

15 Local authorities also have extensive duties andpowers in respect of young people with learningdifficulties and/or disabilities under other recentlegislation including the Children Act 1989, theDisabled Persons (Services, Consultation andRepresentation) Act 1986 and the Education Act1996.

16 LEAs continue to offer considerable expertiseand support to young people with learningdifficulties and/or disabilities as they reach the endof their compulsory schooling and where they areconsidering embarking upon further education.Local authorities provide equipment, guidance andadvice to young people and their families.

17 The Trade Union Reform and EmploymentRights Act 1993 (TURER) changed the basis onwhich careers guidance is provided. It places a dutyon the secretary of state for education andemployment to secure the provision of services tocertain persons in full- and part-time education.When making arrangements, the secretary of stateis required by the TURER to ‘have regard to therequirements of disabled people’. The followingclient groups are eligible persons for the purposes ofTURER and entitled to careers services free ofcharge:

• people in full-time education at anyeducational institution other than aneducational institution within the highereducation sector

• people in part-time education at anyeducational institution, other than aneducational institution within the highereducation sector, which is educationcommonly undertaken by people in orderto fit them for employment

• people aged under 21 who have lefteducation (other than higher education),or full-time training, up to two yearsearlier.

18 There is no age or time restriction in respect ofpeople with disabilities, including learningdifficulties. They remain part of the client group ofthe careers service until they are settled in theircareer intention.

19 The services provided by careers services andthe standards which apply to them are specified inthe document The Requirements and Guidance forCareers Services. Copies will be available at the endof February 1998 from DfEE Publications Centre,telephone 0845 6022260. The Requirements andGuidance for Careers Services is given effectthrough contracts with careers service providers.These include the requirement, when placing orreferring clients to making representations on behalfof disabled or disadvantaged eligible persons andproviding other relevant support and assistancewhere appropriate to enable eligible persons tosecure suitable education, training or employment.(Careers Services Contract 1997). ‘Eligible persons’is defined in paragraph 17 above.

20 The arrangements which LEAs must make forpupils with learning difficulties and/or disabilitieswho have a statement of special educational needwere altered by the Education Act 1996. Thearrangements include a tribunal to considercomplaints against LEAs over the drawing up of astatement and in the delivery of the appropriateprovision for a pupil. They also place new emphasison the annual review of a statement, particularly atthe age of 14, and on the development of transitionplans and transition planning arrangements toensure that young people can make an effectivetransition from school to further education.

21 The Education Act 1996, the Education(Special Educational Needs) Regulations 1994 andthe Code of Practice on the Identification andAssessment of Special Educational Needs set out theprocedures to be followed by LEAs and schools foryoung people who have special educational needs,including those who do not have a statement.Copies of the Code of Practice are available from theDfEE. The Code of Practice came into effect from1 September 1994. This means that for all youngpeople covered by the code and considering leavingschool in summer 1998, the LEA should now be

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putting in place a transition plan. Colleges’ attentionis particularly drawn to the advice at annex D to thiscircular on arrangements for securing effectivetransition when young people reach the end of theircompulsory schooling. LEAs are encouraged tocontact local sector colleges to help them review thefurther education opportunities for individual youngpeople and to contact the Council’s regional officesto discuss their transition planning arrangements.LEAs are encouraged to forward copies of reviewreports and transition plans to the Council for thoseyoung people for whom a decision might need to betaken about specialist college provision outside thefurther education sector.

22 Where pupils over 16 years of age withlearning difficulties and/or disabilities also havestatements of special educational need, they are theresponsibility of their home LEA and not theCouncil. This includes pupils whose statementsrequire provision to be made for them in anindependent school. As defined in legislation, aschool includes an establishment which providessecondary education for children below the statutoryschool-leaving age. Further information is includedat annex E.

23 The Council understands that the localauthority spending settlement for 1998-99 will beinformed, as in previous years, by LEA spendingresponsibilities, including those for pupils over theage of 16 attending schools.

24 The Council has not been put in funds toprovide for students who are enrolled full time in aschool and wish to follow part of their programme ina further education establishment during schoolhours. In such circumstances, this provision shouldbe treated as link provision and it is expected thatthe school will meet the costs of the provision.

Other Relevant Legislation

Children Act 1989

25 The secretary of state has made an order tobring sector colleges within the scope of sections 27and 47 of the Children Act 1989. Sections 27 and47 of the Children Act 1989 place duties on anumber of agencies to provide assistance to localauthority social services departments acting onbehalf of children in need or investigatingallegations of child abuse.

26 The DfEE’s guidance to the education serviceon child protection procedures is set out in Circular10/95: Protecting Children from Abuse: The role ofthe education service. The DfEE has asked theCouncil to remind schools and colleges that theyhave a role to play in identifying cases of suspectedor alleged abuse and referring them to theappropriate investigating agency, usually the localsocial services department as well as co-operatingwith subsequent investigations. The guidance refersto all children, not just those with disabilities and/orlearning difficulties who may have needs within theterms of the Children Act 1989. It is important,therefore, that all schools and colleges should have amember of staff with designated responsibility forliaising with other agencies and that local Area ChildProtection procedures are known and followed. A‘child’ is defined as a person below the age of 18.

Disabled Persons (Services, Consultation andRepresentation) Act 1986

27 Colleges are asked to note sections 91 and 92of schedule 8 to the Further and Higher EducationAct 1992. This amends the Disabled Persons(Services, Consultation and Representation) Act1986 in respect of duties towards students who areleaving full-time education. The Act requires collegegoverning bodies to notify the local social servicesdepartment when a disabled student for whom it ismaking provision will be leaving full-time educationup to the age of 19.

Disability Discrimination Act 1995

28 The Disability Discrimination Act 1995 amendsthe Further and Higher Education Act 1992 to placea duty on the Council to:

• require sector colleges, as a condition ofCouncil funding, to publish disabilitystatements (containing information aboutthe college’s facilities for education forpeople with learning difficulties and/ordisabilities); and

• produce an annual report to the secretaryof state on its progress during the yearand future provision for students withlearning difficulties and/or disabilities.

29 The Council had received a copy of eachcollege’s first disability statement by January 1997.The statements were analysed in the light of advicefrom the DfEE. All of the statements comply with

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the legislation and therefore met the Council’scondition of funding in 1996-97. A more detailedanalysis of the statements is under way. TheCouncil is currently receiving copies of colleges’second statements which were produced by 1October 1997. Students who consider that thecollege has not delivered further education inaccordance with the statement will be able to makea formal complaint to the college. Complaints willbe referrable to the Council in the same way ascomplaints under the Charter for Further Education.

30 The DfEE has asked the Council that colleges’attention also be drawn to statements made by LordHenley, Minister of State, Department for Educationand Employment, during the passage of theDisability Discrimination Act 1995 in respect ofstudents’s expectations. Speaking in the House ofLords on 18 July 1995, Lord Henley stated thatonce accepted by a college, students will be entitledto expect that they will enjoy the access and supportnecessary to pursue their studies.

Education Act 1997

31 The Education Act 1997 contains the followingprovisions:

• colleges are required to provideappropriate access for students toguidance materials and a wide range ofup-to-date information on careerseducation and careers opportunities

• colleges are required to work with careersservices, providing reasonable access tostudents and to the information onstudents required by careers services tocarry out their statutory duties.

32 Whilst this legislation does not currently applyto specialist colleges, the Council expects thatappropriate careers education and guidance will beavailable to all Council-funded students.

PART 2 PROVISION FOR STUDENTS AT SECTORCOLLEGES

Funding Methodology 1998-99

33 The Council intends to publish the bookletFunding Guidance 1998-99 in February 1998. Thiswill give detailed information on the applicationprocedures for funding for sector colleges andexternal institutions. The Council expects thatcolleges’ funding applications will take account of an

analysis of the need for further education in theirarea through their strategic planning. Collegeswhich are planning to increase significantly thenumber of students requiring additional support areasked to contact their FEFC regional office.Colleges’ links with LEAs and, in particular,information from transition plans should properlyinform part of that analysis and will assist incolleges’ planning of their applications for funding in1998-99. The Council expects to attach thefollowing condition to its funding:

• the institution shall endeavour to providefor at least the same number of studentswith learning difficulties and/ordisabilities as it did in 1996-97 and atleast to maintain the proportion of suchstudents in its overall enrolment total

• as required by section 30(3) of theDisability Discrimination Act 1995,colleges shall publish a disabilitystatement, as described in the Education(Disability Statements for FurtherEducation Institutions) Regulations 1996.

Additional support

34 As part of their application for funding, collegesmay claim additional funding units for direct costsassociated with the support needs of individualstudents. As in 1997-98, there will be sevenadditional support cost bands.

35 Where a college wishes to claim additionalsupport units, it should complete the standardadditional support costs form published in FundingGuidance 1998-99. This should be retained by thecollege. The funding booklet will also includesguidance on how to complete the form; on howadditional support activities might be costed bycolleges; and on audit evidence. Whilst the actualequipment costs cannot be included as additionalsupport, a depreciation charge for the equipmentmay be included. It should be calculated by dividingthe actual cost of the equipment by the estimatednumber of years of its useful life.

36 The number of additional support units thatmay be claimed in 1998-99 will be set out in theguidance booklet. To identify the number of unitsthat may be claimed, the college should calculate,using the standard additional support assessmentform, the additional costs incurred in the year inquestion to meet the additional needs of theparticular student and thereby identify the

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appropriate support band. Students for whomadditional support units are being claimed will berequired to sign the additional support costs form toensure that they are involved fully in the assessmentprocess.

37 Each student or their advocate should sign thelearning agreement prepared by the college. Theagreement should specify the additional supportrequired by the student. The college is expected todeliver additional support to the student at the levelcosted, unless the learning agreement is revised.

Sector College Links with Specialist Colleges

38 Some sector colleges offer provision on apart-time or full-time basis to students who arefunded by the Council to attend specialist colleges.In such cases, the specialist college is expected topay an agreed fee to the sector college for thestudent’s educational programme. No funding units,including units for additional support, may beclaimed by the sector college for such students, asthey are already funded by the Council at thespecialist college. Individual details of such studentsshould not be recorded on the sector college’sstatistical returns to the Council. However, anaggregate number should be returned on formISRCOLLPIN of the individualised student record(ISR). The Council would not expect sector collegesto charge a fee to the specialist college whichexceeds the level of funding the college would havecalculated for the student had it included therelevant units within its funding application to theCouncil.

39 Sector colleges may purchase additionalsupport for a student with learning difficultiesand/or disabilities from, for example, a specialistcollege outside the sector, if appropriate.

PART 3 PROVISION FOR STUDENTS ATNON-SECTOR SPECIALIST COLLEGES

40 The Council has established its arrangementsfor securing provision for students at specialistcolleges outside the sector in the context of the legalbackground described in part 1 of this circular. Thearrangements therefore reflect the respective rolesand responsibilities of the Council and LEAs. Theformal agreement between the Council and the localgovernment association (LGA) will remain inoperation, subject to review of its operational detailsas appropriate. The next meeting of the LGA will beasked to ratify the minor amendments to the

agreement shown at annex F. The agreementrecognises the important contribution made by localauthorities particularly in:

• assessing the educational needs of youngpeople with learning difficulties and/ordisabilities

• supporting their effective transition tofurther education, where that isappropriate.

Assessment of Educational Needs andRecommendations Made by Local Authorities

41 The agreement referred to in paragraph 39 isattached at annex F. The purpose of the agreementis to bring about a thorough assessment of astudent’s educational needs. This enables theCouncil to take appropriate decisions about astudent who may require further educationprovision at a specialist college outside the sector.The assessment will underpin the recommendationmade to the Council by the student’s home localauthority where it considers that, on the basis of theassessment, their educational needs cannot be metat a school or sector college. Under section 4 of theFurther and Higher Education Act 1992, the Councilcan only secure provision for a student outside thefurther education sector if facilities within the sectorare not adequate. Therefore, LEAs are requested tocontact local sector colleges at an early stage in thetransition planning process. The Council wouldnormally expect sector college consultation toinvolve a visit by the student to the sector college (orcolleges) for interview and assessment. The sectorcollege is requested to forward a report to the LEAwhich would then be included with anyrecommendation to the Council. Colleges may findthe form attached at annex K useful in providing theinformation required by the Council. Such a reportwould usually include the following information:

• background information on any previousinvolvement the college has had with thestudent including, for example, collegelink courses

• details of the arrangements made for theinterview and assessment and theoutcome of the assessment of thestudent’s educational needs andadditional support needs in the light of thestudent’s educational and careeraspirations

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• a judgement as to whether the college canoffer the student a place at the collegewith appropriate support, details of theprogramme and the additional supportthe college can provide

• if provision is not available, the collegeshould give reasons why not, for example,whether the programme or the learningsupport was not available. It would behelpful to know whether the college couldprovide for the student at some futuredate, for example, in six, 12, or 18months’ time, and what conditions wouldneed to be satisfied for the student to besupported at the college.

42 As well as informing the Council about astudent’s educational needs, a thorough assessmentis important as a way of helping the student identifyher/his preferences and of describing anappropriate further education learning programmewith clear objectives and support needs.

43 A recommendation should be made only wherethe student’s assessment includes a report of a visitto, or stay at, the student’s first choice of specialistcollege shown in the recommendation. The Councilexpects that specialist colleges will include the costof any assessments carried out by the establishmentwithin their overall fee structure. Colleges may findthe form attached at annex L useful in providing theinformation required by the Council. The Councilwill not normally consider recommendations whichdo not specify an alternative establishment. Wherean alternative establishment is not given on therecommendation form, the referring agency shouldexplain why this is not appropriate.

44 Further details of what comprises a thoroughassessment of educational needs are included atparagraphs 14 to 16 of the agreement at annex F.Recommendations should be made on arecommendation form: new student or arecommendation form: extension, as appropriate.These forms are at annex I and annex J respectivelyof this circular and may be photocopied. They arealso available on disk. To request a copy of the disk,contact Beverley Burgess at the Council’s Coventryoffice.

45 The agreement indicates which agency wouldnormally be expected to originate a recommendationto the Council. This would usually be the LEA but in

certain circumstances it might be the social servicesdepartment or careers service. Where the careersservice is producing a report as part of arecommendation, it may wish to refer to the form atannex M. Where the originating agency is not theLEA, a relevant senior member of the LEA is askedto sign the recommendation form. This will confirmthat:

• the LEA has agreed to another agencyassuming the lead role in therecommendation process and is satisfiedthat the recommendation process issoundly conducted and supports therecommendation

• the information on the recommendationform is consistent with that held by theLEA and the authority has had theopportunity to consider the extent of thecontinuing involvement proposed in therecommendation, for example, from thesocial services department.

46 Where a student or their parent/advocatewishes provision to be made in a specialist collegebut the LEA, after considering all the circumstances,does not believe that such provision is appropriate,the LEA is asked to complete the recommendationform and return it to the Council stating that it doesnot support the recommendation and making clearthe reasons why it does not. The LEA should advisethe student/parents accordingly. The Council willthen consider the student’s or parents’ application.Students or parents with queries on this paragraphmay be referred to the relevant regional office by theLEA.

Scope of the Agreement

47 The agreement between the Council and theLGA covers students who wish to attend a specialistcollege outside the sector:

• for whom the local authority currently hasa responsibility

• for whom local sector provision is notadequate

• who come within the scope of theCouncil’s legal duties.

48 Full details are given within the text of theagreement.

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49 For students covered by paragraph 13(a) and13(c) of the agreement, the local authority willusually have a full range of information on which tobase an assessment and recommendation. Most ofthese students will previously have had a statementof special educational need underpinned in turn byextensive expert information on the student’seducational needs. Increasingly, this will have beenrecently updated under the terms of the Code ofPractice issued by the DfEE to implement theEducation Act 1996. A record of the student’sreview meeting and transition plan, together with arecord of any subsequent review meetings, shouldbe forwarded with the recommendation.

50 For students covered by paragraph 13(b) and13(d) of the agreement, the local authority may haveless comprehensive or up-to-date information,although it will probably have some informationwhich could assist a thorough assessment. Whenthe Council receives a recommendation for such astudent, it may contact the student’s local authorityto establish the extent of the available information.It may then make arrangements for assessing thestudent’s educational needs on an individual basis.Where a student who requires the provision offeredby a specialist college comes to the attention of acollege in the sector, a local authority or specialistcollege outside the sector, the head of the Council’sregional office in the area in which the student livesshould be contacted in order to identify whether anew assessment of educational need is required.With the exception of any costs of assessment whichare incurred by the specialist college, and whichshould be incorporated into the fee structure, theCouncil will be prepared to consider contributingtowards the cost of an assessment of such astudent’s educational needs. Such an assessmentwill be required to be objective and sufficientlycomprehensive to inform the Council’s decision.The relevant regional office should be contactedfirst.

Extended Provision at a Specialist College

51 Some students currently at a specialist collegeoutside the sector on a course which falls within theCouncil’s duties may wish to extend their placementbeyond the duration originally agreed by theCouncil. For example, the student may wish to havea longer period at college to complete their course asa result of illness. To make a decision the Councilwill require:

• a summary of the progress made by thestudent

• an assessment of the student’sachievements against the originalobjectives

• a detailed explanation of why the studentrequires extended provision, indicating,among other things, the new objectives tobe achieved and why the proposedprovision is in their best interests

• evidence that sector college provision hasbeen considered. Paragraph 41 outlinesthe information required from sectorcolleges.

52 Annex J to this circular contains a form forrecommendations on behalf of students seeking anextension to their Council funding. This form allowsthe specialist college initially to complete therelevant parts. The form should then be sent to thelocal authority to be completed and forwarded to theCouncil. For students currently funded by theCouncil for a period shorter than that originallysought, the Council and the local authority should besent a review report about the student’s educationalprogress with a justification for extended funding bythe end of the penultimate term funded by theCouncil. Only if information in the review report isnot adequate to enable the Council to make adecision using its criteria, will an extension form berequested. Colleges in doubt should contact therelevant regional office. Only in exceptionalcircumstances (for example, prolonged orunexpected illness) would the Council consider anextension request where a final year of funding hadpreviously been specified.

53 It is unlikely that information from thespecialist college alone will be sufficient to enablethe Council to reach a decision about studentsseeking an extension. The views of careers advisersand, where appropriate, social workers, may also berequired. Attention is drawn in annex C to thecriteria and factors for consideration by the Councilin order to reach a decision about extensionrecommendations. The Council is concerned that,for a significant number of students during 1997-98,no alternative arrangements appear to have beenconsidered for young people whose funding was tobe concluded and no other agencies appear to havebeen involved to support the necessary transitionfrom the specialist college. Specialist colleges arestrongly encouraged to make early contact with

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appropriate agencies to support students completingtheir programmes. It is expected that extensionrequests will be forwarded to the Council as early aspossible before the start of the course extension ornew course. The extension form should show, inparticular, that the student has been able toconsider a range of options and that local sectorcolleges have been consulted to see whetherprovision is available suitable to the requirements ofthe student. The Council would usually expect thestudent to have had the opportunity to visit relevantsector colleges.

54 Students currently funded by another agencywhose funding period is coming to an end, but nowwish to be funded by the Council, are covered by thearrangements for new students as they will be newto the Council.

Council Considerations and Procedures

55 In reaching a decision about a recommendationfor a new student or about an extension for astudent currently funded by the Council, the Councilwill have regard to:

• its legal duties under the Further andHigher Education Act 1992

• the criteria for decisions and factors to betaken into account.

56 Recommendations received by the Council willbe considered by the relevant regional office. TheCouncil also has in place procedures for moderatingdecisions, in order to ensure consistency and equity.

57 In the light of its legal duties, the Council maywish to agree to joint funding for a student, forexample with the social services department, healthauthority, local education authority or other body.Whilst it is difficult to prescribe in advance theprecise circumstances, experience to date and theduties of other agencies indicate that joint funding islikely to be applicable where:

• the Council considers that the studentand/or the proposed course of study fallsonly partially within the scope of its legalduties. For example:

— where a student who is 19 or overwishes to pursue a full-timeprogramme where only some of thecomponents fall within schedule 2 tothe Act;

— the Council considers that thestudent and/or their proposed courseof study falls partially within thescope of the legal duties of otheragencies, for example, socialservices, because:

i. the reasons for residential furthereducation do not arisepredominantly from educationalneeds; for example, a student whohas to live away from home fordomestic reasons

ii. the student is already a client ofanother agency, such as socialservices, and has a care plan whichincludes educational provision aspart of an overall package to whichother agencies are contributing

iii. the student receives social securitybenefits and allowances which mightreasonably contribute to the overallcosts of their provision, particularlythe residential component.

58 To this end, the recommendation forms includereference to funding from, and the responsibility of,other agencies. The Council would expect that,wherever possible, funding decisions can be takenby the relevant agencies before the recommendationform is forwarded to it. Local authorities areencouraged to make early contact with the relevantregional office in the event of possible queries. In1997-98, 593 students from a total of 2,034 fundedat specialist colleges are having part of their feesmet from a source other than the Council. About70 per cent of these students are over 19 and innearly all cases their funding is met in part by theirsocial services departments or their social securitybenefits.

59 The Council’s consideration of its legal dutiesand the recommendations received may also lead itin the first instance to agree a shorter period offunding than originally requested.

60 A list of specialist colleges at whichCouncil-funded provision has been judged to have atleast a balance of strengths and weaknesses; that is,a grade 3 or above, is attached at annex G. In April1997 the Council notified principals of specialistcolleges, heads of careers services and chiefeducation officers that it is not prepared to considerrecommendations for placements at colleges where

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Council-funded provision has been graded 4 or 5until such time as provision has been reinspectedand judged to have at least a balance of strengthsand weaknesses. The Council is prepared toconsider extensions to the placements of existingstudents at colleges where Council-funded provisionhas been graded 4 or 5 if the student wishes tocontinue in the placement and the referring agencybelieves the placement is in the student’s bestinterests. An alternative placement must, however,be specified. The list at annex G may not includethe names of a small number of colleges whereplacements have recently been agreed by theCouncil and where an inspection visit is to bearranged during 1998-99. Referring agencies areasked to contact Beverley Burgess at the Council’sCoventry office if they have any queries.

61 Referring agencies are requested to make earlycontact with regional offices if a proposed placementis at an establishment where the Council has notpreviously funded provision. The regional officeshould be contacted before a recommendation isforwarded to the Council. The Council will contactthe proposed establishment and its enquiries maymean that a decision cannot be reached within sixweeks of its receipt. As with all recommendations,an alternative choice establishment must bespecified. The Council currently funds a range ofspecialist provision nationally for students withlearning difficulties and/or disabilities and does notexpect to receive a significant number ofrecommendations for provision at newestablishments.

62 Completed recommendation and extensionforms should be forwarded to the appropriateregional office listed in annex A. Referring agenciesare also asked, at the same time, to obtainpermission from the student and send a copy of thecompleted form to the specialist college for whichthe recommendation has been made.

63 For 1998-99, the Council will communicate itsdecisions to the student, their parents or advocate,the specialist college, the sector college or collegesinvolved in the assessment and the referring agencyat the same time. Where the Council agrees to funda student’s placement, a schedule and purchaseorder will be issued to the college. This should bechecked by the college to ensure that it accuratelyreflects the student’s learning programme. Collegesare requested to contact the relevant regional officeas soon as possible after receipt of the schedule and

purchase order, if any amendments are necessary.Colleges should forward to the Council a review ofthe student’s progress at the end of the first termand at the end of each subsequent year of agreedCouncil funding. Colleges may find the form atannex N useful for this purpose. Where the Councildecides not to fund the student’s placement, it willexplain its reasons in the light of its legal duties andthe criteria and factors set out at annex C.

Reviews of Decisions

64 Where the student and their parents oradvocate are not content with the Council’s decision,they may request, by writing to the head of therelevant regional office, that it is reviewed. Thereview arrangements remain unchanged for1997-98. They provide for:

• a request from the Council for additionalinformation which might lead the Councilto a different decision. This informationshould address the considerations shownin annex C, which will be set out in theletter informing the student of thedecision. This additional information willbe considered by staff at the regionaloffice and a decision will becommunicated to the student and theirparents or advocate

• the student and their parents or advocate,should they remain dissatisfied with thedecision, to request that the decision isreviewed by an independent appealspanel.

The independent appeals panel comprises personsfrom outside the Council’s staff. The student andtheir parents or advocate will be invited to attendthe appeals panel. The panel will be able tocommission additional expert advice where itconsiders this necessary.

Payments

65 Payments to specialist colleges will be madetermly. As in 1997-98, colleges will be required toverify enrolment and payment details as set out inthe enrolment lists provided by the Council at thestart of the college year. The returned enrolmentlists will form the basis for calculating the termlypayments. Fees will be paid at the start of eachterm subject to confirmation of students’ continuedattendance at college. Colleges are reminded not to

12

forward invoices or any other form of paymentrequest to the Council.

66 As for the last five years, payments are subjectto a general agreement between the Council and thespecialist college, copies of which are available onrequest. Colleges should note in particular therequirement to forward their audited accounts to theCouncil within six months of their financialyear-end. In the event that accounts are notreceived, payments may be suspended.

67 The Council notified colleges in April 1997 ofthe fees for Council-funded provision in 1997-98.The Council has commissioned independentconsultants to inform its future decisions on fees forprovision at specialist colleges. It is expected thatthe report of the consultancy team will be receivedby April 1998. The report will inform the Council’sdecisions on fees for 1999-2000.

68 The Council is considering its arrangements forfees in 1998-99 in the light of the government’sdecisions on funding for further education made atthe end of November 1997. Colleges will be notifiedof the funds the Council is prepared to makeavailable for student placements in 1998-99 by April1998. Placements agreed by the Council for1998-99 will be funded at the approved fee level for1998-99. Colleges are expected to make appropriateprovision for students within this fee level.

69 A small number of requests were received in1997-98 for additional funding for individualstudent placements above the approved fee. TheCouncil does not expect to receive requests foradditional funding once a student’s placement hasbeen agreed. The Council will only agree toconsider additional funding requests for newplacements in the most exceptional circumstances.In such cases, referring agencies are requested tocontact the relevant regional office beforeforwarding a recommendation form as the Councilwill only consider such requests where:

• there is evidence, as a result of thecollege’s assessment of the student, thatthe student’s learning supportrequirements are exceptional andsignificantly higher than those of otherCouncil-funded students at the college

• there is evidence that alternativeprovision has been investigated but isunavailable or inappropriate.

European Social Fund

70 Council funding for students with learningdifficulties and/or disabilities provides a gross fee tofund all aspects of a student’s placement. For thepurposes of the European social fund (ESF), thisprovision should be regarded as fully funded by theCouncil. Council funding for these students shouldnot, therefore, be used to match fund applicationsfor ESF support. If colleges have any queriesconcerning ESF, they should contact Scott Winter atthe Council’s Coventry office.

Quality of Provision

71 The Council is concerned to ensure that all thestudents for whom it secures placements atspecialist colleges benefit from educational provisionwhich is of a high standard and which meets theireducational needs. During 1997-98, a small team ofspecialist inspectors are continuing with aprogramme to inspect the quality of the provisionfunded by the Council at specialist colleges. Thisinspection covers the general quality of theeducational context within which learning takesplace and the individual learning programmes ofstudents funded by the Council. Colleges areencouraged to address any weaknesses identified inthe inspection report in an action plan. Theinspectorate’s findings will influence futuredecisions about the funding of placements forstudents at individual colleges. The reports arisingfrom the inspection visits are not published butmade available to the specialist college. Eachcollege is encouraged to respond to requests forcopies from interested parties. Referring agenciesare strongly encouraged to refer to the inspectionreport, where provision has been inspected, whenconsidering recommendations. Referring agencieswhich experience difficulties obtaining copies ofrecent reports should contact the Council. Thetimetable of inspection visits for 1997-98 is attachedat annex H.

Timetable

72 The Council requires a minimum period inwhich to give full and proper consideration to therecommendations it receives. It would normallyexpect to reach a decision within six weeks(30 working days) where the recommendationcontains all the information that is needed for thedecision to be made. Incomplete recommendationforms, and those where supplementary information

13

has not been attached, delay decisions. In 1997-9860 per cent of recommendations forwarded to theCouncil did not include all the information requiredto make a decision. The Council is concerned that,for a significant number of students wishing tocommence their programmes in 1997-98,recommendations were received in the period fromJune to August 1997. For placements starting inSeptember 1998, referring agencies are, therefore,requested to forward recommendations as soon aspossible and in any event, before mid-May 1998.The Council cannot guarantee thatrecommendations received after May, particularlywhere they do not include adequate information,can be determined by the end of the summer term.

ENQUIRIES

73 Please address enquiries about this circular tothe relevant regional office in the first instance.Telephone numbers and addresses are given atannex A.

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THE COUNCIL’S REGIONAL OFFICES AND CORRESPONDING LOCAL EDUCATION AUTHORITIES

Regional office LEA

Eastern Region BedfordshireRegional director BuckinghamshireMartin Lamb Cambridgeshire2 Quayside EssexBridge Street HertfordshireCambridge LutonCB5 8AB Milton KeynesTel: 01223 454500 Norfolk

Peterborough* Southend-on-Sea* SuffolkThurrock*

East Midlands Derby CityRegional director DerbyshireChristine Anderson Frost Leicester CityCheylesmore House LeicestershireQuinton Road LincolnshireCoventry NorthamptonshireCV1 2WT Nottingham City*Tel: 01203 863000 Nottinghamshire

Rutland

Northern Region DarlingtonHead of regional office DurhamSusan Bickerton GatesheadClough House HartlepoolKings Manor MiddlesbroughNewcastle upon Tyne Newcastle upon TyneNE1 6PA North TynesideTel: 0191 211 2200 Northumberland

Redcar and ClevelandSouth TynesideStocktonSunderland

Greater London Barking and DagenhamHead of regional office BarnetCelia Cohen BexleyMetropolis House Brent22 Percy Street BromleyLondon CamdenW1P OLL City of LondonTel: 0171 312 4100 Croydon

EalingEnfieldGreenwichHackneyHammersmith and FulhamHaringey

15

Annex A

Annex A

Regional office LEA

HarrowHaveringHillingdonHounslow IslingtonKensington and ChelseaKingston upon ThamesLambethLewishamMertonNewhamRedbridgeRichmond upon ThamesSouthwarkSuttonTower HamletsWaltham ForestWandsworthWestminster

South West Bath and North East SomersetHead of regional office BournemouthCatherine Christie BristolKempton House CornwallBlackbrook Park Avenue DevonTaunton DorsetTA1 2PF GloucestershireTel: 01823 444404 North Somerset

Plymouth*PooleSomersetSouth GloucestershireSwindonTorbay*Wiltshire

South EastRegional director Bracknell*Marilyn Frampton Brighton and Hove3 Queens Road East SussexReading HampshireRG1 4AR Isle of WightTel: 01734 554200 Kent

Medway*OxfordshirePortsmouthReading*Slough*SouthamptonSurreyWest Berkshire*West SussexWindsor and Maidenhead*Wokingham*

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Regional office LEA

West Midlands BirminghamHead of regional office CoventryPatrick Rooney DudleyCheylesmore House Herefordshire*Quinton Road SandwellCoventry ShropshireCV1 2WT SolihullTel: 01203 863000 Staffordshire

Stoke on TrentTelford and Wrekin*WalsallWarwickshireWolverhamptonWorcestershire*

Yorkshire and Humberside BarnsleyRegional director BradfordJulia Lacey Calderdale1 Blenheim Court City of YorkBlenheim Walk DoncasterLeeds East Riding of YorkshireLS2 9AE Kingston upon HullTel: 0113 245 2644 Kirklees

LeedsNorth East LincolnshireNorth LincolnshireNorth YorkshireRotherhamSheffieldWakefield

North West Blackburn with Darwen*Regional director Blackpool*Emily Thrane Bolton10 Brindley Road BuryCity Park Business Village CheshireCornbrook CumbriaManchester Halton*M16 9HQ KnowsleyTel: 0161 877 3811 Lancashire

LiverpoolManchesterOldhamRochdaleSt HelensSalfordSeftonStockportTamesideTraffordWarrington*WiganWirral

*from 1 April 1998

17

Annex A

Annex B

SCHEDULE 2 TO THEFURTHER AND HIGHEREDUCATION ACT 1992 AND THE FEFC’S ASSOCIATEDCRITERIA

18

Schedule 2 Summary description of course Criteria for eligibility for funding by FEFCparagraphreference

a. vocational qualification approved by the secretary of state

b. GCSE or GCE A/AS level leads to an examination by one of the GCE/GCSE examining boards

c. ‘access’ course preparing students approved by the secretary of statefor entry to a course of higher education

d. course which prepares students i. primary course objective is direct progression for entry to courses listed in either to a specific vocational course, GCSE, GCE (a) to (c) above A/S level or an access course as outlined above, or

to a group of such courses; and

ii. course includes external accreditation which entitles students to progress to courses (a) to (c)

e. basic literacy in English provides students with basic literacy skills

f. teaching English to students improves the knowledge of English for those for where English is not the whom English is not the language spoken at homelanguage spoken at home

g. basic principles of mathematics course designed to teach the basic principles of mathematics

h. courses under this part of schedule 2 (courses for proficiencyof literacy in Welsh) will be the responsibility of the Further Education Funding Council for Wales

j. independent living and i. primary course objective is progression to a communication for those with course which prepares students for entry to learning difficulties which prepare courses listed in (d) to (g) above; andthem for entry to courses listed in(d) to (g) above ii. course includes college accreditation which

enables the student to progress to courses (d) to (g); or

iii. evidence of progression to courses (d) to (g) can be provided to the Council

Notes

The following notes may be of assistance indetermining whether or not a course falls within thescope of schedule 2.

Paragraphs (a) An updated list for 1998-99 ofand (c) the vocational qualifications and

access courses approved by the secretary of state is available from the Department for Education and Employment. Copies have been sent to chief education officers.

Paragraph (d) Only qualifications which areexternally accredited arerecognised for funding purposesin 1998-99.

Paragraph (j) The Council will expectevidence of assessmentprocedures to be available;acceptable evidence of a courseensuring a progression route tocourses which fall underparagraphs (d) to (g) includesstudent destination data or thestudent’s achievement of aqualification which enablesprogression.

Paragraph (f) The Council’s duty extends tothe home population ofEngland.

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Annex B

THE FEFC’S CRITERIA AND FACTORS FORCONSIDERATION

The Council will take decisions regarding funding foran individual student based on therecommendations of local authorities and in thecontext of its legal duties. Before reaching adecision the Council will consider whether or not theindividual and the proposed course of study fallwithin the scope of those duties. In reaching adecision the Council will take account of thefollowing criteria and factors which are unchangedfrom 1995-96:

Criteria

• the student’s educational needs have beenadequately assessed, in particular that theindividual and his/her advocate have beeninvolved in the process and thatup-to-date professional advice is available

• that the facilities available in the sectorare not adequate to meet the individual’sneeds

• that the recommended placement is in thestudent’s best interests

• that appropriate educational provisioncannot be secured for the individual eitherin the sector or through an alternativeplacement which would represent bettervalue for money.

Factors

• the qualification/progression aim of thecourse and the extent to which this meetsthe educational needs and aspirations ofthe student

• the additional or specialist learningsupport required by the student tocomplete the course

• the arrangements in place for recordingand reviewing the student’s progress

• the physical suitability of buildings,including residential facilities

• the availability of additional or specialisedpersonal and/or physical support and carearrangements

• opportunities for social and recreationalactivities

• travelling requirements

• joint funding of the placement with otheragencies has been considered in the lightof the above criteria

• reasonable account has been taken of thestudent’s expectations of a furthereducation placement

• the schedule 2 content of the coursewhere appropriate

• the likely educational benefits to thestudent and the costs of the proposedprovision.

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Annex C

EFFECTIVE TRANSITIONMuch recent debate about education provision foryoung people with learning difficulties and/ordisabilities has focused on the key role that effectivetransition can play in enabling the young person tomake educational, social and personal progress.The emphasis in the Code of Practice published byDepartment for Education to underpin theEducation Act 1996 (formerly part of the EducationAct 1993) reflects this view. As an aid to collegeswithin and outside the sector and to those workingwith young people as they approach the end of theircompulsory schooling, an extract from DFE evidenceto the learning difficulties and/or disabilitiescommittee is reproduced below. For its part, theCouncil is considering how it can best contribute tothe objectives set out in the Code, in addition topublishing the DFE’s evidence.

Extract from The Code of Practice: Paper for FEFCLearning Difficulties and/or DisabilitiesCommittee – Department for Education

POST-16 EDUCATION PROVISION

24 A crucial aspect of the provision made byschools and LEAs for pupils with specialeducational needs (SEN), both with and withoutstatements, is the regular review of each child’sneeds, progress and provision. For children withoutstatements, this may take the form of a regularreview of the child’s individual education plan.Children with statements must have thosestatements reviewed at least once every twelvemonths. Such reviews should be thorough andcomprehensive. Their conduct is now, for the firsttime, prescribed by Regulations. The review at 14+ is therefore an appropriate place for thequestion of the child’s transition to adult life andpost-16 educational provision to be considered.

25 Thus, as the impact of the Code of Practice isfelt, further education colleges and all agenciesconcerned with transition to post-16 provision mayexpect to receive much fuller information about ayoung person with SEN, whether or not that youngperson has had a statement. All schools must setout in their SEN policies the arrangements theymake to facilitate transition for young people withSEN. So far as the individual without a statementis concerned, schools will have full records of theaction they have taken and the progress the youngperson has made. Those records may include aninformal transition plan. All young people withstatements will have formal Transition Plans,

drawn up at the review following their 14thbirthday and updated thereafter.

26 The agreement of a Transition Plan by all partiesshould help to curtail if not eliminate problems whichsometimes arise when a young person with astatement reaches 16 and there remains disputebetween the LEA and the parents, or the LEA andthe FEFC, as to the young person’s future placementand responsibility for the funding of that placement.The work of the Tomlinson committee anddiscussions between DFE, the LEAs and the FEFCwill clearly be important in resolving any remaininguncertainties as to the bodies responsible for youngpeople at the boundaries of school and FE provision.

Children without Statements27 Paragraphs 6:61 and 6:62 of the Code ofPractice deal specifically with the transition ofstudents without statements but with SEN. Adviceelsewhere in Part 6 of the Code is also relevant.Particular features of the Code’s guidance are thatschools should:

• draw up policies on transition, setting outthose policies in their published SENpolicy and reporting annually on theirimplementation. Those policies mayentail the development of informaltransition plans

• foster close links with local furthereducation colleges. Link provision canprovide opportunities for integration,extending the curriculum and offering anintroduction to the adult environment offurther education

• consult all other relevant agencies, suchas the careers service and ensure thatstudents have appropriate help andguidance

• seek and take into account whereverpossible the views of young peoplethemselves and

• ensure that all relevant information,including, for example, Records ofAchievement, are transferred, with theyoung person’s consent, to FE colleges.

28 At the same time, LEAs and colleges shouldprovide schools with information on transition tothe FE sector and with details of local and nationalvoluntary organisations which may be able to helpstudents and their families.

21

Annex D

Children with Statements

29 Under the 1981 Act, LEAs were required tomake a further statutory assessment of all youngpeople with statements around the time of the 13thbirthday. Under the 1993 Act, that 13+ reassessmentis no longer obligatory. The more rigorous annualreviews required by the regime should ensureregular reflection on the child’s needs andprovision. Moreover, the 1993 Act introduces a newsystem, designed specifically to facilitate transitionto post-16 provision, to the FE sector or elsewhere.

30 All annual reviews prior to the child’s 14thbirthday must, henceforth, be convened by thechild’s head teacher, who will also write the reviewreport (the head teacher can, of course, delegateany of his duties to another teacher at the school).However, at the 14+ review, the LEA will takeresponsibility for convening the review andproducing the report. The LEA must inviterepresentatives of agencies which will play a role inthe child’s life following his or her transfer fromschool to adult life. Such agencies will includesocial services and the careers service and may alsoinclude representatives of a further educationcollege which the child may wish to attend.

31 The 14+ review and all subsequent reviews,will produce a Transition Plan, which will drawtogether information from a range of individualswithin and beyond the school in order to plancoherently for the young person’s transition. ThePlan will build on the conclusions reached andtargets set at previous reviews, and should focus onareas of strength and weakness, covering allaspects of the young person’s development. As wellas addressing the young person’s own hopes andaspirations, it will also allocate clear responsibilityfor different aspects of development to specificagencies and professionals. This Plan will beupdated at all subsequent reviews until the youngperson leaves school. It is to be hoped that local FEcolleges will seek to be involved in this process,preparing both themselves and the young person forhis or her transfer to the sector.

32 LEAs should ensure that, with the youngperson’s consent, a copy of the statement, togetherwith a copy of the most recent annual review(including the Transition Plan), is transferred to thesocial services department and the FE college thatthe young person will be attending. Where adecision might need to be taken by the FEFC aboutthe placement of a student in a specialist collegeoutside the FE sector, a copy of the Transition Planshould be sent to the FEFC.

Other Significant Legislation

33 The Transition Plan is to be drawn up at thefirst annual review after the young person’s 14thbirthday in part to ensure close cooperation betweenLEAs and social services departments in fulfilmentof their duties under the 1993 Act and the DisabledPersons Act. Sections 5 and 6 of the latter Actrequire LEAs to seek information from social servicesdepartments as to whether a child with a statementis disabled and may require services from the localauthority when leaving school whether at 16 or later.The LEA must inform the appropriate and designatedofficer of the relevant social services department ofthe date of the child’s first annual review after hisor her 14th birthday and must similarly inform thesocial services department – if it is agreed that thechild in question is disabled – between eight andtwelve months before the expected school leavingdate. Social services departments must be invitedto attend the review at which the Transition Plan isfirst drawn up so that any parallel assessments underthe Disabled Persons Act, the NHS and CommunityCare Act and the Chronically Sick and DisabledPersons Act can contribute to and draw informationfrom the review process and the Transition Plan.

34 The Children Act 1989 and the NHS andCommunity Care Act 1990 require social servicesdepartments to arrange a multi-disciplinaryassessment and provide care plans for children andadults with special needs. This may include theprovision of further education facilities. This processof assessment may proceed in tandem with thereview process under the 1993 Act. Any additionalinformation will be valuable to FE institutions, andshould be transferred with the young person’s consent.

CONCLUSION

35 The 1996 Act (formerly part of the EducationAct 1993), its associated Regulations and the Codeof Practice seek to build on principles established bythe 1981 Act, while addressing some of thepractical problems associated with that Act. Thelegislation brings difficult questions into the openand in doing so, promotes greater clarity ofresponsibility, greater partnership and moresystematic thinking on the part of all concerned.This should ensure not only that the pupils movingto further education have received more effectiveprovision, but that the colleges to which they moveare better informed and so in a better position to maketheir own contribution to the young person’s progress.

DEPARTMENT FOR EDUCATIONSeptember 1994

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Annex D

STATUS OF NON-SECTORESTABLISHMENTS

1 Pupils over 16 years of age who have learningdifficulties and/or disabilities are the responsibilityof their home LEA and not the Council where theyhave statements of special educational need. Thisincludes pupils whose statements require provisionto be made for them in an independent school.

2 Independent schools are required to registerwith the Department for Education and Employment(DfEE) under the Education Act 1996. Non-maintained special schools catering forstudents with learning difficulties and/or disabilitiesare required to register with the DfEE under theEducation Act 1996. If a non-maintained specialschool approved under section 342(1) of the 1996Act wishes to reduce its upper age limit from, forexample, 19 to 16 it must seek the approval of thesecretary of state. This requirement also applies tothose independent schools approved under section347(1) of the Education Act 1996 to cater forstudents with statements of special educationalneed.

3 The redesignation of the age range of a schoolfrom, for example, 11 to 19 to 11 to 16 by the DfEEdoes not necessarily mean that the post-16component of the school automatically acquires theseparate legal status of a college. The Council willlook, on an individual basis, at any requests fromschools for their post-16 unit to be regarded as aseparate establishment. There are certaincharacteristics which the Council would expect tosee to indicate that a further education unit may beconsidered a separate legal entity. These mayinclude the following:

• a separate constitution, for example,separate arrangements in place to recordand regulate how the college is managed,how it occupies its premises, employs itsstaff, separate curriculum

• a separate charity registration, ifapplicable

• a separate governing body

• separate accounts.

4 Any non-maintained or independent specialschool planning such a change of status isencouraged to contact the Council’s Coventry officebefore formal proposals are sent to the Departmentfor Education and Employment.

23

Annex E

AGREEMENT BETWEEN THEFEFC AND THE LOCALGOVERNMENT ASSOCIATION

The next meeting of the Council and the localgovernment associations (LGAs) will be asked toratify the minor changes to this agreement.

Assessing the educational needs of students withlearning difficulties and/or disabilities wishing toattend specialist colleges outside the furthereducation sector.

INTRODUCTION

1 The purpose of this agreement is to set outformally the respective roles of local authorities andthe Further Education Funding Council (the Council)in respect of students with learning difficultiesand/or disabilities for whom provision may besecured by the Council at a specialist college outsidethe further education sector under section 4 of theFurther and Higher Education Act 1992 (the Act).

Background

2 Local authorities play a vital part in securingan effective transition for young people with learningdifficulties and/or disabilities as defined by the Actfrom school to further education. This will include,in appropriate circumstances, offering advice aboutcourses, location of study, additional support thatmay be required, equipment and other aspectsrelevant to the student’s choices at 16 plus andbeyond. The work of local authorities in this contextmeans that they continue to be well placed to assessthe educational needs of those students withlearning difficulties and/or disabilities for whomfurther education provision needs to be securedoutside the further education sector. Since 1994, ithas been the duty of the secretary of state to provideimpartial careers information, advice and guidance.This is carried out by a network of careers services.

3 The Council has to take decisions aboutindividual students with learning difficulties and/ordisabilities on the basis of a thorough assessment oftheir individual educational needs in the light of itslegal duties.

4 Accordingly, the Council and the LGA havereached an agreement which formally recognisesthe Council’s needs and the continuing duty and roleof local authorities. This agreement takes account of

the role of local education authorities (LEAs) underthe Act and the Education Act 1996, of socialservices departments and of the careers serviceunder relevant legislation. The purpose of theagreement with the association is to ensure that thebest possible advice is given both to individualstudents and the Council. The arrangementsrequired by the Education Act 1996 are set out inthe Code of Practice published by the Departmentfor Education and Employment.

5 For 1998-99, the agreement has the followingcomponents:

• role of local authorities

• role of the Council

• scope of the agreement

• assessment arrangements

• information to be provided to the Council

• communications.

Role of Local Authorities

6 Local authorities are asked for each studentwho comes within the scope of the agreement andfor whom a placement at a specialist college isconsidered appropriate:

• to make available to the Council advice onthe educational needs of the individualstudent and the supporting assessmentscarried out by the LEA in meeting itsstatutory duties, arising particularly underthe Education Act 1996

• to identify, in the context of that adviceand assessment, where possible, to whatextent the required provision and supportis unavailable at a sector college

• to recommend to the Council, in thecontext of that consideration, a placementwhich will meet the student’s needs at aninstitution outside the sector.

7 In considering the recommendation, the localauthority will take account of the student’s ownviews. This will normally be available from theirmost recent annual review. Under the terms of theEducation Act 1996 this will be addressed in thestudent’s transition plan.

8 In most cases the appropriate lead agencywithin the local authority will be the educationdepartment. It is open to the LEA to agree that thecareers service acts as lead agency in the completionof the recommendation form. If it is the careers

24

Annex F

Annex F

service which takes the lead, the recommendationmust have the support of, and be signed by, the LEA.

Role of the Council

9 The Council’s role under this agreement is to:

• receive recommendations in respect ofindividual students based on anassessment of their educational needs

• reach appropriate decisions about suchrecommendations against publishedcriteria and in the light of its legal duties

• communicate these decisionsappropriately and, wherever possible, ingood time.

10 The Council will also play its part in securingeffective transition arrangements for individualstudents, in securing sufficient and adequatefacilities for further education; and in continuing towork with local authorities to these ends, within thecontext of its legal duties.

11 It is also necessary to make arrangements forthose few cases where an LEA does not wish tomake a recommendation and is challenged by thestudent and/or their parent/advocate. In such casesthe student/parent/advocate should discuss thesituation with the LEA, inviting it to forward acompleted form to the Council and making it clearthat the recommendation is not supported. If theLEA is not willing to do this it is requested to contactthe relevant regional office. Where a studentchallenges the Council’s decision on arecommendation received from the student’s localauthority, the Council’s review procedures willapply. These will be explained to the studentappropriately.

Scope of the Agreement

12 The agreement between the Council and theLGA extends to students wishing to attend aspecialist college outside the further educationsector for whom the local authority currently has aresponsibility, for whom no sector provision isappropriate and who come within the scope of theCouncil’s legal duties. The agreement will applylargely to students whose educational needs werepreviously covered by a statement under theEducation Act 1996. In some exceptional cases itwill also apply to students whose educational needsare not covered by a statement, but whoseeducational needs nevertheless require provision tobe secured for them at a specialist college outside

the sector, where this is the recommendation of thestudent’s local authority.

13 The scope of the agreement is as follows:

a. students rising 16 or otherwise approachingthe end of their schooling: recommendations tobe received from their home LEA;

b. older students and/or those who have had abreak from education: recommendations to bereceived from their home LEA if possible. Inother cases it might come from another agencywithin the authority or from the careers serviceand the Council might reasonably seek adviceor information from the LEA and/orcommission an independent assessment of thestudent’s educational needs;

c. students already attending specialist collegesoutside the sector and currently supported byan LEA: recommendations to be received fromtheir home LEA;

d. students already attending specialist collegesoutside the sector and originally placed by theCouncil: the Council might reasonably seek theviews of the student’s local authority socialservices department and/or the careers service.The LEA might be able to confirm historicinformation, or provide professional expertiseif this was specifically invited.

Assessment Arrangements

14 In accordance with recognised best practice,the Council and the LGA consider that a thoroughassessment of a student’s educational needs will bebased on:

• the young person and theirparent/advocate receiving a full range ofadvice and information from the LEAregarding post-16 education and trainingchoices, to inform their decision, asindicated in the parent’s charter andCharter for Further Education. Thecareers service has a particular set ofresponsibilities towards such students inthis context and will often take the lead inoffering advice and information

• the involvement of the young person andtheir parent/advocate in the assessmentprocess

• the advice, wherever possible, of a rangeof professionals to ensure expert guidanceand a thorough knowledge of the

25

student’s educational needs and howthese might best be met. Theseprofessionals might include educationalpsychologists, specialist or other careersofficers, or other specialist professionalswith expert knowledge who have workedwith the student during their earliereducation.

15 Where the student has previously been thesubject of a statement of special educational needsunder the Education Act 1996 it is likely that therewill be extensive information available to the localeducation authority about their educational needsand how these can best be met. In any exceptionalcases where a student has not had a statement, it ispossible that the information readily available to thelocal authority will be less extensive. Nonetheless,in order to reach a decision, the Council will need athorough assessment to be made so that it can takea soundly based decision in respect of thatindividual student. In certain circumstances, theCouncil may be prepared to commission additionalinformation to supplement any information availablefrom the local authority.

16 The Council expects that assessmentarrangements made by specialist colleges outsidethe sector to assess whether they can appropriatelyprovide for students wishing to attend them will bemanaged, as currently, by the specialist college.Wherever possible it would not expect arecommendation to be received or determinedwhere the student has not visited the specialistcollege and had their educational needs assessed.

Information to be Provided to the Council

17 The Council and the local authorityassociations are aware of the need to ensureconfidentiality of information and the student’sviews and, where appropriate, those of theirparent/advocate must be sought before theinformation is offered to the Council. This can beparticularly important where the recommendationarising from the assessment of educational needinvolves information being passed on from aprevious phase in the student’s education.

18 Local authorities are asked to collateinformation relating to the student with learningdifficulties and/or disabilities who requires provisionto be secured for them at a specialist college outsidethe further education sector to meet their particulareducational needs. The information should be

drawn from statutory assessments prepared underthe Education Act 1996; a transition plan, reviews ofthe student’s progress; records of achievement; aswell as advice from the careers service, teachers,and others who have worked with the young person.For a decision about its funding, the Council wishesthe information provided to be only that which isrelevant to the student’s educational needs, althoughin cases where joint funding may be appropriate,medical or other information may also be necessaryto inform a full decision.

19 The subsequent recommendation to the Councilshould include information about the student; theirlearning difficulty and/or disability; the resultanteducational needs; the appropriate course andspecialist college, and comments from the LEA.

20 Under the agreement, for students described inparagraphs 13(a) and 13(c), local authorities areasked to attach to the recommendation the followingdocuments where they are available:

• a report from the student’s current ormost recent school

• a report from an educational psychologistwho has worked with the student

• a report from the specialist, or other,careers officer who has worked with thestudent

• the assessment report from the specialistcollege at which a placement isrecommended

• a copy of the student’s transition plan,where applicable.

Communications

21 The Council will inform the student, theirparent/advocate, the local authority and therecommended specialist college of the outcome of itsconsideration. Where the Council does not agree tosecure the recommended provision, reference willbe made to the relevant criteria.

26

Annex F

Annex G

NON-SECTOR SPECIALISTCOLLEGESFEFC-funded provision has been graded 3 orabove at the following non-sector specialistcolleges. A description of the FEFC gradingsystem appears at the end.

Advantage Enterprises

Ashleigh College

Banstead Place

Beaumont College

Birkdale School for Hearing Impaired Children

Bridge College

Coleg Elidyr

David Lewis College

Derby College for Deaf People

Derwen College

Dilston College of Further Education

Doncaster College for the Deaf

Dorincourt Educational and Residential Centre

Dorton College of Further Education

Fair Oaks College

Fairfield Opportunity Farm

Fortune Centre of Riding Therapy

Green Laund

Henshaw’s Society for the Blind

Hereward College of Further Education(incorporated college)

Hinwick Hall College of Further Education

Homefield College of Further Education

Kisharon Senior Centre

Langdon College

Lindeth College of Further Education

Loppington House Further Education Unit

Lord Mayor Treloar College

Lufton Manor College

Meldreth Manor School

Minstead Training Project

Nash Further Education Centre

National Star Centre

Paduan House

Pengwern College of Further Education

Pennine Camphill Community

Portland College

Queen Alexandra College for the Blind

Royal National College for the Blind

Royal School for the Deaf, Manchester

Royal West of England School for the Deaf

Ruskin Mill Further Education Unit

RNIB Vocational College

RNIB Condover Hall

RNIB Redhill College

RNID Court Grange

SENSE East College

Sheiling School

South Hill College

St Davids Care in the Community Ltd

St Davids College

St Piers, Lingfield

Strathmore House

The Interact Centre

The Mount Camphill Community

The West of England School for Children with Littleor No Sight

Thorngrove Centre

Toynton Hall Further Education College

Weelsby Hall Further Education College

Wentwood Education

William Morris Camphill Community

Please note:

• this list of establishments includesprimarily colleges and in a few instances,schools making post-16 provision

• inclusion in this list does not guaranteeCouncil funding for new placements. Eachrecommendation will be considered againstthe requirements of individual studentsand the Council’s legal duties and criteria

• this list does not include a small numberof colleges where Council-fundedprovision will be inspected in 1998-99.Referring agencies with queries areadvised to contact Beverley Burgess at theCouncil’s Coventry office.

Grade Descriptors

• grade 1– provision which has manystrengths and very few weaknesses

• grade 2 – provision in which the strengthsclearly outweigh the weaknesses

• grade 3 – provision with a balance ofstrengths and weaknesses

• grade 4 – provision in which theweaknesses clearly outweigh the strengths

• grade 5 – provision which has manyweaknesses and very few strengths.

27

INSPECTION SCHEDULE FOR FEFC-FUNDED PROVISIONIN NON-SECTOR SPECIALISTCOLLEGES, 1997-98

College Date

Paduan House Sep 1997

National Star Centre Oct 1997

Beaumont College Nov 1997

SENSE East College Oct 1997

Royal School for the Deaf,

Manchester Nov 1997

Derby College for Deaf People Nov 1997

Ruskin Mill Further Education Unit Nov 1997

Lufton Manor College Dec 1997

Henshaw’s Society for the Blind Jan 1998

Westgate College Jan 1998

Coleg Elidyr Feb 1998

Derwen College Feb 1998

The Mike Rogers College Feb 1998

Toynton and Weelsby Mar 1998

Hinwick Hall College of FE Mar 1998

Queen Alexandra College Mar 1998

David Lewis College Apr 1998

Dilston College of FE May 1998

RNIB Redhill College Jun 1998

28

Annex H

SECTION 1 (see note 1) Name of agency

1(a) LEA or referring agency Address

Contact name

Position

Tel Fax

1(b) Student details Name

Student’s address

Postcode

Date of birth

Name of parent/advocate

Relationship to student

Address if different from above

Postcode

Tel

29

Annex I

CONFIDENTIAL

RECOMMENDATION FORM: NEW STUDENT – FUNDING AT A SPECIALIST COLLEGEOUTSIDE THE FE SECTOR 1998-99

For completion by the referring agency. Please read Circular 98/03 and refer to the notes at the end of this form before photocopying andcompleting it. Please complete a form for each student for whom arecommendation is made and return to the regional director of therelevant regional office, listed at annex A on page 15. A copy of thisform should also, with the permission of the student, be forwarded tothe specialist college for which the recommendation is made.

Cheylesmore HouseQuinton RoadCoventry CV1 2WT

Telephone 01203 863000Fax 01203 863100

THE FURTHEREDUCATION FUNDINGCOUNCIL

SECTION 2 (see note 2)

Medical condition (if appropriate)

Describe the assessment procedures used to arrive at this recommendation

Has the student been the subject of a statement of special educational needs? (please tick) ❑ yes ❑ no

If yes, date of statement –––––– / –––––– / ––––––

Date of most recent annual review –––––– / –––––– / ––––––

Date of final review –––––– / –––––– / ––––––

SECTION 3 (see note 3) Does the student have a long-term career/vocational/educational objective? If yes, please describe briefly

Course or programme title and description

Progression aim/qualification aim (if the student is over 19, please specify under which section of schedule 2 the proposed programme falls)

30

Annex I

2(a) Description of student’slearning difficulty/disability

2(b) Description of student’sadditional supportrequirements arising fromtheir learningdifficulty/disability

2(c) Statement information

3(a) Course or programme

3(b) Provision available locally Do local FEFC-funded colleges provide the course or programme recommended in 3(a) above or an appropriate alternative programme at an equivalent level? (please tick) ❑ yes ❑ no

If yes, explain why this provision is not considered adequate

Name of FEFC-funded college(s) and people consulted

SECTION 4 (see note 4) First choice

Name

Address

Postcode

Tel Fax

Principal

Alternative choice

Name

Address

Postcode

Tel Fax

Principal

Has the student been interviewed? (please tick) ❑ yes ❑ no

Has a place been offered? (please tick) ❑ yes ❑ no

What is the programme start date?–––––– / –––––– / ––––––

What is the programme end date?–––––– / –––––– / ––––––

Is the placement residential? (please tick) ❑ yes ❑ no

What is the duration of the residence? (weeks a year)

31

Annex I

4(a) Recommendedspecialist college. TheCouncil will not normallyconsider recommendationswhich do not include analternative choice of college

4(b) For the first choicespecialist college only

Would the placement at the second choice college differ significantly from the first choice college? (please tick) ❑ yes ❑ no

If yes, please describe

If an alternative choice of college has not been given, please give reasons

4(c) Additional support facilities Please describe how the first choice specialist college will provide the at first choice specialist college additional support required by the student to enable him/her to follow

his/her chosen course or programme, and explain how the facilities are suitable

4(d) Provision at a sector college Will the student’s educational programme be provided solely at the specialist college or will all or part of it be provided at a sector college?

If so, which sector college will the student be attending?

What course or programme will the student be following?

How many days each week will the student be attending the sector college?

Name of sector college contact

4(e) Fees Contributions to this placement from other agencies

Name of agency

Is the other funding confirmed or provisional? (see section 5 parts b) and c) (please tick) ❑ confirmed ❑ provisional

Amount of funding

32

Annex I

If the Council agrees theplacement for 1998-99 it willbe funded at the approved feelevel. The college will benotified of this.

Where there is more than onefee band for provision, pleaseidentify the appropriate feeband for the student.

33

4(f) Benefits Is the student currently in receipt of social security benefit(s)? (please tick) ❑ yes ❑ no

If yes, what benefits does the student receive?

If the student is not currently in receipt of benefit(s) does the college intend to apply for benefits on behalf of the student once the student has started the course? (please tick) ❑ yes ❑ no

If yes, please specify which benefits are to be applied for

SECTION 5 (see note 5) Name of student’s current or most recent school/college

Address

Postcode

Tel Fax

Head/principal

Type of school/college

Student’s start date–––––– / –––––– / ––––––

Student’s completion date–––––– / –––––– / ––––––

Was the attendance residential? (please tick)

❑ yes ❑ no

If the student is not currently in education, please give details of current activities

Annex I

5(a) Information on currentand most recentschool/college

34

5(b) Social services Has the local authority social services department been involved in preparing this recommendation? (please tick) ❑ yes ❑ no

Has it been asked to contribute to the cost of the provision? (please tick) ❑ yes ❑ no

Has it agreed to provide for this student? (please tick) financial support ❑ yes ❑ no

other support ❑ yes ❑ no

If yes, please state amount and duration of social services departmentcontribution

£

Does this amount include the student’s benefits? ❑ yes ❑ no

Will this contribution continue throughout the duration of the student’s programme? ❑ yes ❑ no

Please describe the nature and level of social services involvement with this student, for example, whether a care plan has been drawn up

Please state name and address of contact in social services department

Name

Address

Tel Fax

5(c) Health authority Has the relevant health authority been involved in preparing this recommendation? (please tick) ❑ yes ❑ no

Has the relevant health authority been asked to contribute to the cost of the provision? (please tick) ❑ yes ❑ no

Has the relevant health authority agreed to provide for this student? (please tick) financial support ❑ yes ❑ no

other support ❑ yes ❑ no

If yes, please state amount of health authority’s contribution

£

Annex I

Is the funding confirmed or provisional? (please tick)

❑ confirmed ❑ provisional

Please state name and address of contact in health authority

Name

Address

Tel Fax

5(d) Transport Does the recommendation require the LEA to provide transport? (please tick) ❑ yes ❑ no

If yes, has the LEA agreed to meet the costs of transport? (please tick) ❑ yes ❑ no

If no, describe other arrangements which have been made

5(e) Agreement of relevant parties The recommendation has the support of (please tick)

i) the student ❑ yes ❑ no

ii) parent/advocate ❑ yes ❑ no

iii) social services ❑ yes ❑ no❑ not relevant

iv) health authority ❑ yes ❑ no❑ not relevant

If no, or not relevant to any of the above, please give reasons

5(f) LEA comment Please comment further on any relevant aspects of this recommendation

35

Annex I

36

Annex I

SECTION 6 (see note 6) Please indicate which of the following documents are attached

i) assessment outcomes ❑ ii) care plan/other relevant social services documentation ❑ iii) careers report ❑ iv) confirmation letter from specialist college ❑ v) consent letter signed by student and by

parent/advocate ❑ vi) medical report (if relevant) ❑ vii) psychologist’s report ❑ viii) most recent school report ❑ ix) sector college consultation ❑ x) statement of special educational needs and annual reviews ❑xi) transition plan ❑ xii) confirmation letter of social services or other

agency funding ❑

Other (please list and label)

SECTION 7 (see note 7) I confirm that this recommendation has the support of the LEA

Signature

Name (please print)

Position

Date

Please return this form to the regional director of the FEFC regional office. Regional office addresses are at annex A.

6 Documentation

7 Signature(The recommendation should besigned by a senior authorisedofficer of the local educationauthority)

NOTES FOR COMPLETION OFRECOMMENDATION FORM:NEW STUDENT 1998-99

Please read Circular 98/03 before completing theform, paying particular attention to paragraphs 7 to31 setting out the scope of the Council’s legal duties.If you are still unsure about these, please contactyour FEFC regional office, details of which are setout in annex A. The recommendation form shouldbe used for a student who has not previously beenfunded by the Council. Please return the form to therelevant regional office.

1(a) The referring agency will normally be thestudent’s home LEA. However, the recommendationform 1998-99 may be forwarded by a social servicesdepartment or a careers adviser. The view of theLEA will always be sought whatever the source ofthe form because the Council’s arrangements arebased on recommendation received from the LEA.Please see also notes 5(f) and 7 below.

2(a) Please avoid using medical or other labels as asubstitute for a full and accurate description.

2(b) Please describe the student’s learning needs.Please ensure that recent and relevant documentationabout the assessment is attached and that thedocumentation is dated. This might includecorrespondence/reports from:

• sector colleges

• schools

• psychologists

• social workers

• staff from educational establishments

• careers service

• health authority.

2(c) Documentary evidence of the student’s currentstatement or formal cessation must be provided.

3(a) Please describe the student’s long-termobjectives to which the proposed course orprogramme will contribute. Give information on thevarious aspects of the course programme shown inthis section, as they relate to the named student,including agreed objectives.

3(b) It is essential that evidence of consultation withFEFC-funded colleges (that is, colleges within the

further education sector) is provided, for example, aletter confirming that the college cannot offeradequate provision.

4(a) The principal’s name is requested so that initialcontact can be made with him/her. An alternativechoice college must be included.

4(b) Please enclose confirmation of the offer of aplace for the student at the first choice college. It isimportant that accurate start and completion datesare given. Where the second choice college differssignificantly (for example, offers day rather thanresidential provision) please indicate this. If analternative choice is not given, please explain why.

4(c) Please set out clearly the specific suitability ofthe college and its facilities to meet the student’sneeds and provide the additional support describedin section 2(b).

4(d) Please provide details of sector collegeprovision.

4(e) In all cases, the fee payable by the Council willbe the approved fee for 1998-99. Where anothercontribution will meet part of the fee, please indicatethe amount and whether this contribution isconfirmed or provisional. (See section 5(b) and (c).)

4(f) Please provide details of the student’s currentsocial security benefits if known (it is not necessaryto give the amount received). The Council mayexpect some benefits to be used to contributetowards the approved gross fee.

5(a) Please attach a copy of the student’s mostrecent school report and a report from the sectorcollege if the student is on a link programme.Where he/she currently is not at school, pleasedescribe the student’s current activities, for exampleday centre placement.

5(b) Involvement at any level, not only financial,should be recorded. If the student has a care planplease provide a copy. If joint funding has beenagreed, please attach documentary evidence, forexample, from the student’s social worker.

5(c) Again, involvement at any level, not simplyfinancial should be recorded. If joint funding hasbeen agreed, please attach documentary evidence.

5(d) Please ensure that if transport is required it issecured before the recommendation is sent. Theresponsibility for transport does not fall within theCouncil’s duties.

37

Appendix to annex I

5(e) It is essential that the student and his/herparent/advocate have been fully involved in theassessment leading to the recommendation.

5(f) The local education authority is invited tocomment on any aspect of the recommendation.Comment is particularly important where therecommendation originates from another agencywithin the local authority (see also note 7).

6 Please ensure that all supporting documentationis clearly labelled and securely attached. The aim ofthe recommendation process is to build on the localeducation authority’s existing work with andknowledge of the student, not to require asubstantial original assessment. It is thereforeanticipated that the majority of these documents willbe readily available for the majority of students. It isunlikely that a student will be funded by the Councilto attend a specialist college without persuasivesupporting documentation. Failure to provideappropriate supporting information is likely to resultin a delay in the Council’s decision.

The Council wishes to ensure that the student andhis/her parent/advocate are content for informationto be made available to it about his/her educationalneeds.

7 The recommendation will not be acceptedwithout a signature. The Council expects thatrecommendations will be signed by a seniormember of staff of the local education authority toconfirm that:

• the LEA has agreed to another agencyassuming the lead role in therecommendation process and is satisfiedthat the recommendation process issoundly conducted and that it supportsthe recommendation

• the information on the recommendationform (new student) is consistent with thatheld by the LEA and the authority has hadthe opportunity to consider the extent ofthe continuing involvement proposed inthe recommendation, for example, fromsocial services.

38

Appendix to annex I

CONFIDENTIAL

RECOMMENDATION FORM: EXTENSION – FUNDING AT A SPECIALIST COLLEGEOUTSIDE THE FE SECTOR 1998-99

For completion by the referring agency and specialist college.Please read Circular 98/03 and refer to the notes at the end ofthis form before photocopying and completing it. Please complete a form for each student for whom a recommendation is made and return to the regional director of the relevant regional office, listed at annex A on page 15.

(Sections 1 and 2 are to be completed by LEA or referring agency)

SECTION 1 (see note 1) Name of agency

Address

Postcode

Contact name

Position

Tel Fax

1(b) Student details Name

Student’s address

Postcode

Date of birth

Name of parent/advocate

Relationship to student

Address if different from above

Postcode

Tel Fax

39

Annex J

Cheylesmore HouseQuinton RoadCoventry CV1 2WT

Telephone 01203 863000Fax 01203 863100

THE FURTHEREDUCATION FUNDINGCOUNCIL

1(a) LEA or referring agency

Annex J

SECTION 2 (see note 2)

Medical condition (if appropriate)

Describe the assessment procedures used to arrive at this recommendation

2(c) Statement information Has the student been the subject of a statement of special educational need? (please tick) ❑ yes ❑ no

If yes, date of statement –––––– / –––––– / ––––––

Date of most recent annual review–––––– / –––––– / ––––––

Date of final review–––––– / –––––– / ––––––

(Sections 3 to 5 may be completed by the student’s current specialist college)

SECTION 3 (see note 3) Start and completion dates of original placement

–––––– / –––––– / ––––––

–––––– / –––––– / ––––––

Achievement/qualifications gained

Placement secured and funded by

40

2(a) Description of student’slearning difficulty/disability

2(b) Description of student’sadditional supportrequirements arising fromhis/her learningdifficulty/disability

3(a) Original placement

Annex J

3(b) Course programme Does the student have a long-term career/vocational/educationaldetails for extension objective? If yes, please describe briefly

Start and completion dates of proposed extension

–––––– / –––––– / ––––––

–––––– / –––––– / ––––––

Programme aim/qualification aim for extension

Please give details of schedule 2 content

3(c) Provision at a sector college Will the student’s educational programme be provided solely at the specialist college or will all or part of it be provided at a sector college?

If so, which sector college will the student be attending?

What course or programme will the student be following?

How many days each week will the student be attending the sector college?

Name of sector college contact

SECTION 4 (see note 4) Name

Address

Postcode

Tel Fax

Principal

41

4 (a) Details of specialistcollege at which extensionis sought

4(b) Fees Other funding body contributing to the approved fees for the student for fee year 1998-99 (please name)

Where another funding body is contributing to the total annual fee

please indicate whether this contribution is definite or provisional

and whether it has changed from the fee year 1997-98 (please tick)

❑ definite

❑ provisional

❑ changed

Amount

What is the duration of the residence? (weeks a year)

SECTION 5 (see note 5) Please provide details of the student’s progress to date against his/heroriginal objectives and attach a copy of his/her most recent review. This should include details of progress at a sector college, if relevant.

5(b) Please summarise the

5(c) State the reasons for seeking

5(d) State the learning objectives

42

needs which led to the originalplacement

5(a) Backgroundinformation

an extension to the previouslyagreed placement

If the Council agrees to theextension, the placementwill be funded at theapproved fee for 1998-99

Annex J

to be achieved during the periodof the extension. How will theextension contribute to thestudent’s long-termcareer/vocational/educationalobjective described in section 3?

Annex J

5(e) What alternatives have been

5(f) Which local sector colleges Do local FEFC-funded colleges provide the course or programme recommended in 3(a) above, or a similar programme at an equivalent level to that sought at the specialist college?(please tick) ❑ yes ❑ no

Which sector colleges have been consulted?

What were the outcomes of the discussions? Please explain why this provision is not considered adequate

(Sections 6 to 9 to be completed by LEA or referring agency)

SECTION 6 (see note 6) Has the local authority social services 6(a) Social services department been involved in this

recommendation? (please tick) ❑ yes ❑ no

Has it been asked to contribute to the cost of the provision? (please tick) ❑ yes ❑ no

Has it agreed to provide financial or other support for this student? (please tick) ❑ yes ❑ no

If yes, please state amount of social services department contribution

£

Will this contribution continue throughout the duration of the student’s programme? (please tick) ❑ yes ❑ no

43

considered for the student,other than the extension nowsought, at the end of theircurrent placement?

have been consulted aboutfuture provision for the studentbeyond the current placement?

Please describe the nature and level of social services involvement with this student, for example, whether a care plan has been drawn up

Please state name and address of contact in social services department

Name

Address

Postcode

Tel Fax

6(b) Benefits Is the student currently in receipt of social security benefit(s)? (please tick) ❑ yes ❑ no

If yes, please identify the benefit(s)

If the student is not currently in receipt of benefit(s) does the college intend to apply for benefits on behalf of the student once the student has started the course? (please tick) ❑ yes ❑ no

If yes, please specify which benefits are to be applied for

6(c) Health authority Has the relevant health authority been involved in this recommendation?(please tick) ❑ yes ❑ no

Has the relevant health authority been asked to contribute to the cost of the provision? (please tick) ❑ yes ❑ no

Has the relevant health authority agreed to provide financial or other support for this student? (please tick) ❑ yes ❑ no

44

Annex J

Annex J

Is the funding confirmed or provisional? (please tick) ❑ confirmed

❑ provisional

If yes, please state amount of health authority’s contribution

Please state name and address of contact in health authority

Name

Address

Postcode

Tel Fax

6(d) Transport Does the recommendation require the LEA to provide transport? (please tick) ❑ yes ❑ no

If yes, has the LEA agreed to meet the costs of transport? (please tick) ❑ yes ❑ no

If no, describe other arrangements that will apply

6(e) Agreement of relevant parties Please indicate whether the recommendation has the support of:i) the student ❑ yes ❑ no

ii) parent/advocate ❑ yes ❑ no

iii) LEA ❑ yes ❑ no

iv) social services ❑ yes ❑ no

❑ not relevant

v) health authority ❑ yes ❑ no

❑ not relevant

If no or not relevant to any of the above, please give reasons

45

SECTION 7 (see note 7) Please indicate which of the following documents are attached:7 Documentation i) care plan/other relevant social services documentation ❑

ii) careers report ❑

iii) consent letter signed by the student and his/her parent/advocate ❑

iv) medical report (if relevant) ❑

v) progress report/review (this should include a progressreport from the sector college where appropriate) ❑

vi) sector college consultation report ❑

vii) transition plan (if applicable) ❑

viii) confirmation letter of social services or other agency funding ❑

Other (please list and label)

SECTION 8 (see note 8) Please comment further on the degree of progress achieved by the 8 LEA comment student to date and the relevance of continued attendance or on any

relevant aspects of this recommendation

SECTION 9 (see note 9) I confirm that this extension request has the support of the LEA

Signature

Name (please print)

Position

Date

Please return this form to the regional director of the FEFC regional office. Regional office addresses are at annex A.

46

9 Signature(The recommendation shouldbe signed by a seniorauthorised officer of the localeducation authority)

Annex J

NOTES FOR COMPLETION OFRECOMMENDATION FORM:EXTENSION 1998-99

Please read Circular 98/03 before completing thisform. Please pay particular attention to paragraphs7 to 31 setting out the scope of the Council’s legalduties. If you are still unsure about these you shouldcontact your FEFC regional office, details of whichare set out in annex A. The extension form shouldbe used for a student currently funded by theCouncil except where the student is changingestablishment. In this case use the recommendationform: new student (annex I). Please return the formto the relevant regional office.

1 The referring agency will normally be thestudent’s home LEA. Sections 1, 2, 6, 7, 8 and 9should be completed by the LEA or referring agency.Sections 3, 4 and 5 may be completed by the college.The view of the LEA will always be sought whateverthe source of recommendation because the Council’sarrangements are based on recommendationsreceived from LEAs. Please see also notes 8 and 9.

2(a) Please describe the student’s learning needs.Please avoid using medical or other labels as asubstitute for a full and accurate description of theeducational implications of a particular condition ordisability.

2(b) Please describe the student’s additional supportrequirements which arise from his/her learningdifficulty/disability.

3(a) and (b) Please make clear the distinctionbetween the original course of study and theproposed extension in the context of the student’slong-term career/vocational/academic objectives. Adetailed individual programme showing the coursesor modules to be taken should be attached. Fordetails of schedule 2 content, please refer to annex Bof this circular. See also note 5(c) and (d).

4(b) Please indicate whether other contributors aremeeting part of the Council’s approved fee andwhether the position in respect of other contributionshas changed since the fee year 1997-98. If so,please explain reasons for the change.

5 This section should be fully completed toprovide evidence of the need for the extension.

5(c) and (d) The referring agency may wish tomake reference to how the extension will enable thestudent to progress beyond their current placement

and why the student cannot achieve theiraspirations without the extension now sought.

5(e) and (f) Evidence of involvement with statutorybodies will be important to demonstrate thatforward planning for support beyond the currentplacement has taken place. It is important that fullconsideration has been given to a range of optionsfor the student other than the extension now sought.This should include consultation with sectorcolleges, probably in the student’s home locality.

6(a) and (b) Involvement at any level, not simplyfinancial should be recorded. If joint funding hasbeen agreed, documentary evidence should beattached.

6(c) Please provide details of the student’s currentsocial security benefits. (It is not necessary to givethe amount received.)

6(d) Please ensure that if transport is required it issecured before the recommendation is submitted.The responsibility for transport does not fall withinthe Council’s duties.

6(e) It is essential that the student and his/herparents/advocate have been fully involved in thework leading up to a request for extended provision.

7 Please ensure that all supportingdocumentation is clearly labelled and securelyattached. It is anticipated that the majority of thesedocuments will be readily available for the majorityof students. It is unlikely that the Council will fundan extension without persuasive supportingdocumentation. Failure to provide appropriatesupporting information is likely to result in a delayin the Council’s decision.

The Council wishes to ensure that the student andhis/her parent/advocate are content for informationto be made available to it about his/her educationalneeds.

8 The local education authority is invited tocomment on any relevant aspect of thisrecommendation.

9 Recommendations for an extension will not beaccepted without a signature from a senior officer ofthe local education authority, in particular toconfirm that the authority has had the opportunityto consider the extent of the continuing involvementproposed in the recommendation, for example, fromsocial services, and that it supports therecommendation.

47

Appendix to annex J

SECTOR COLLEGEASSESSMENT REPORT This checklist is to help you compile theinformation the Council would expect to see in asector college assessment report. Theinformation you return based on this checklistmust be signed and dated.

48

Annex K

Name of college

Student details

Student name

Date of birth

Referred by

Assessment details

Date of assessment

Where held

Carried out by

Position

Brief description of nature of assessment

Learning support needs

How were the learning support needs assessed?

What was the outcome?

What facilities are available to provide that support?

Are support facilities already available? ❑ yes ❑ no

If not, can they be bought in? ❑ yes ❑ no

If both educational and support needs can be met, can the college offer a place now? ❑ yes ❑ no

If no, at what point could a place be offered and why?

Programme

What is the requested programme?

What is the duration of the programme?

Can the college offer it or a similar programme at equivalent level? ❑ yes ❑ no

Is it appropriate to the ability and aspirations of the student? ❑ yes ❑ no

Does the programme fall within schedule 2? (where applicable) ❑ yes ❑ no

Conclusion

Has the student been offered a place? ❑ yes ❑ no

Start/finish dates

SPECIALIST COLLEGE INITIALASSESSMENT REPORT

This checklist is to help you compile theinformation the Council would expect to see in a specialist college assessment report. Theinformation you return based on this checklistmust be signed and dated.

49

Name of college

Student details

Student name

Date of birth

Referred by

Give details of student’s past educational history and past achievements

What are the student’s aspirations and educational objectives?

Assessment details

Date of educational assessment

Name of person making assessment or contact name

Brief description of the nature of the assessment of learning needs

Learning support needs

Assessment of learning needs and details of how these will be met

Does the student have health and/or social needs? ❑ yes ❑ no

Is the requested placement residential? ❑ yes ❑ no

What evidence is there of the need for a residential placement?

Programme

What is the requested programme?

What is the duration of the programme?

Give details of the programme elements identifying schedule 2 content if appropriate

Please attach an outline programme, showing the proportion of time to be spent on each element of the educational programme

Give details of any part of the programme to be provided at a sector college

Fee band requested and justification

Which agencies will receive a copy of this assessment?

Annex L

CAREERS SERVICE REPORT

This checklist is to help you compile theinformation the Council would expect to see in acareers service report. The information youreturn based on this checklist must be signed anddated.

50

Annex M

Name of college

Student details

Student name

Date of birth

Current school or college

Assessment details

Name of careers adviser

How long have you known the student?

Give details of the student’s aspirations and educational objectives

Dates of meeting(s) and assessment(s) of the student with observations

Give details of the assessment of the student’s educational needs and learning support requirements

Give details of the educational/training options considered by the student before a placement recommendation to the Council

Give evidence that sector college provision has been considered. Why is the provision not considered adequate?

Comment on the suitability of the recommended placement.

SPECIALIST COLLEGE REVIEW REPORT

This checklist is to help you compile theinformation the Council would expect to see in areview report. The information you return basedon this checklist must be signed and dated.

51

Name of college

Student details

Student name

Duration of Council-funded placement

Programme title

Details of any additional support specified in schedule and purchase order, for example, physiotherapy, and details of how this requirement has been met

Review of progress

Is the student following the course identified in theschedule and purchase order? ❑ yes ❑ no

If no, detail the changes and explain them

If yes, describe the student’s achievement against the Council-funded programme, that is, progress to date against objectives and modules or units still to be gained

List the objectives for the period up to the next review report against which the student’s progress can be measured (for example units or modules, and timescales for completion)

Give a brief comment on the student’s self-assessment of progress and views on progression

Future arrangements

Are the original placement objectives likely to be met? ❑ yes ❑ no

If yes, please list the student’s achievements

If no, will an extension be requested? ❑ yes ❑ no

If yes, please give reasons for the extension, and list the new objectives

Please give evidence that sector college provision has been considered

Annex N

Published by theFurther Education Funding Council

January 1998