OK I guess my response was brief to the point of flippancy :)
It is the responsibility of the LEA to ensure that any support given
falls within the scope of the legislation - this applies for all support
not just DSA. There are guidelines as to the resources an LEA can use but
from a legal point of view an LEA is entitled to take any steps it
considers reasonable. It needs to be borne in mind that the right to
bestow an award under the Student Support Scheme is transferred to an LEA
from the Secretary of State - we are in effect acting with the same
authority he has in this respect.
You could try to get a court to rule that an LEA was acting unreasonably
in insisting that a Needs Assessment be carried out by an Access Centre
but I think you would be on a hiding to nothing there. Perhaps if an LEA
insisted that one particular Access Centre you might have more of a case.
And of course such a ruling would not change anything other than set a
precedent - if the LEA decided to stick to their policy you would
effectively have to take every single case to court. I think it's very
unlikely, given the nature of the Student Support regulations, that any
such ruling would be incorporated into future legislation.
St.John Skeates
Awards Section
Bedfordshire County
-----Original Message-----
From: Rhun Ap Harri [SMTP:[log in to unmask]]
Sent: Wednesday, September 19, 2001 12:56 PM
To: Skeates,St.John DEAL Awards Tm
Subject: Needs Assessments
Dear St John Skeates
Thanks for your reply to
Disforum.
If you can insist - who says you can?
Regards
Rhun
.....................................
Rhun ap Harri
Swyddog Anabledd - Disability Officer
Prifysgol Cymru Aberystwyth
University of Wales
01970 623111 ex 4223 / 1895 / 1760
symudol/mobile 07971 818993
www.aber.ac.uk/welfare-disability
......................................
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