Guidance issued on out-of-authority care of SEN children

The 15-page document, called Guidance on Looked After Children with Special Educational Needs Placed Out-of-Authority, aims to clarify responsibilities of councils on issues such as carrying out SEN assessments.

The document, which also includes case studies of good practice, makes clear that it is the responsibility of the council in the area where the child has been placed for carrying out a SEN assessment.

But it adds that there is scope for the local authority responsible for the child to handle this, if it is in the best interests of the child and both councils agree.

Nicola Wild, legal and policy manager for charity for looked-after children Voice, said: "There has been a lot of confusion about the responsibility for providing for and paying for the SEN provision for looked after children who are placed out of authority.  

"This was compounded by a court case which ruled that the prevailing interpretation of the law was wrong.  In our experience, this led to a system that was far from child centred with delay and uncertainty for the child while the two authorities argued about which was responsible for funding.     

"This new guidance is therefore very welcome."