Guidelines or Law?

Q. Our Local Education Authority has told us that guidelines are not law and, therefore, do not need to be adhered to. What is your reaction to this?

A. A set of guidelines are issued to clarify a section of law and, for our young people with ME, we are very lucky to have the ‘Access to Education for children and young people with medical needs’ guidelines. This set of guidelines clarify Section 19 of the Education Act 1996 which impose a legal duty on Local Education Authorities (LEAs) to provide suitable provision for all young people who, because of their illness, cannot access their education in the usual way. The guidelines provide suggestions as to how this should be achieved.

LEAs cannot dismiss the recommendations made in a set of guidelines. An amendment to Section 19 was made in the Education Act 1997 Section 47 subsection 4A which says:
‘In determining what arrangements to make…. in the case of any child or young person, a local education authority shall have regard to any guidance given from time to time by the Secretary of State.’
I should point this out to your LEA.

Article last edited on Thursday 12th August 2010                          Printable Version