LDA guidance for local authorities

About this guidance

1. This is statutory guidance from the Department for Education. This means that local authorities must have regard to it when carrying out duties relating to Learning Difficulty Assessments (LDAs) conducted under section 139A of the Learning and Skills Act 2000. Comments from the organisations below have been considered during drafting of this guidance.

• The Local Government Association
• Hampshire County Council, post 14 learning team
• The Young People’s Learning Agency
• connexions Buckingamshire
• connexions Merseyside
• Association of Colleges
• National Association of Independent  Schools and Non-Maintained Special Schools (NASS)
• Natspec: the Association of National Specialist Colleges
• Disability Alliance.

2. This guidance replaces the document Supporting young people with learning difficulties to participate and progress - incorporating guidance on Learning Difficulty Assessments and any other previous guidance relating to Learning Difficulty Assessments for post-16 students.

Expiry/Review date

The Children and Families Bill includes provisions to replace learning difficulty assessments and statements of special educational needs (SEN) with education, health and care plans. Subject to the parliamentary process this guidance and the current SEN code of practice will be replaced by a new 0-25 SEN code of practice.

Until the new system is introduced this statutory guidance for LDAs will remain in place. We will publish arrangements for the transfer to education health and care plans for children and young people with statements and LDAs and those who might be undergoing an assessment for a statement or a LDA when the legislation comes into effect.

This will include arrangements relating to any elements of the current code of practice and LDA guidance that might remain in force during the transition period. 

What legislation does this guidance relate to?

• The Education Act 1996 (as amended by the Apprenticeships, Skills, Children and Learning Act 2009 (the ASCL Act))
• Sections 139A to 139C of the Learning and Skills Act 2000 (the 2000 Act) which were inserted into that Act by section 80 of the Education and Skills Act 2008.

Who is this guidance for?

1. This guidance is for local authorities to help them make consistent, effective and robust judgements that will lead to well-informed decisions relating to education and training for young people with learning difficulties and/or disabilities but it is not designed to be prescriptive in every individual case.

2. The guidance may also be of interest to young people and their families, staff working directly with young people and their managers, FE colleges and other providers including independent specialist providers, and the Young People’s Learning Agency (YPLA) and from April 2012 the Education Funding Agency (EFA).

Key points 

• Local authorities are responsible for ensuring that high quality and timely LDAs take place. Early identification of those requiring a LDA is essential to allow time for the commissioning of any necessary provision and support to take place.
• Having determined that a young person requires a LDA a local authority must continue to support the young person up to the age of 25 if they stay in further education or training (provided they still have learning difficulties).
• Local authorities must use the evidence from the LDA to make consistent, effective and robust decisions that will support the young person to move towards positive outcomes.
• The LDA report must be specific about the level of need required and the support and learning provision required to meet those needs.
• The LDA should have a specific focus on the learning programme that is required to enable the young person to progress towards greater independence and where appropriate employment.
• The LDA should take account of the young person’s aspirations and views.
• The LDA should build on the views, and where appropriate, expertise of other people who have already supported the person being assessed.
• Unless the learner/parent/carer has expressly refused permission, the local authority should share the LDA with the college or other education or training provider and do so in sufficient time to ensure provision and support are in place from the outset.
• The local authority should ensure that the young person and their parents/carers understand the Learning Difficulty Assessment process and the decisions that are made as part of that process.
• LDAs should be shared with the young person and/or their parents or carers.
• Local authorities should ensure that the young person and their parent/carers are aware of the duties and powers a local authority has in relation to learners with learning difficulties or disabilities, the procedure for obtaining a LDA and the complaints process.
• The LDA should provide robust and impartial information.
• It is for the local authority to assure themselves that they have made fair and reasonable decisions and have met their responsibilities as set out in legislation.
• Young people and their parents can make a complaint to the Local Government Ombudsman and/or seek a judicial review, once they have exhausted the local authority complaints process, if they believe that their local authority has not met their duties and responsibilities.