Changes to funding special needs via statements – bands not specificity?

Question: My local authority (LA), at a training event for parents yesterday (SEND Local Offer & Funding Training) told us that they will cease to quantify provision in statements of special educational need (SEN) in terms of hours but will instead refer to a 'banding'. Apparently this isn't their decision but is being forced upon them by the DfE via the way schools are funded from 1 Apr 13 and the Children and Families Bill.
They will now include the following in all new statements made and amended statements from 1 April:

For statements with 12.5 hrs but no 'top-up' funding:

"Therefore, child’s needs will be met from the school's own resources and arrangements detailed in the Local Offer"

For statements that will attract 'top-up' funding:

"Therefore, child’s needs will be met from the school's own resources and arrangements detailed in the Local Offer. In addition, Children's Services will provide funding based on Band X pro rata for the balance of the financial year."

I understand that under the current legislation LAs are required to clearly quantify provision in Part 3. Does the way schools are funded guidance and/or the new legislation allow LAs to refer to bands in statements?
This a significant step backwards if this is the case!

IPSEA's answer: ISPEA are very clear that the changes to how SEN is funded do not change the law on SEN and therefore any move to remove specificity from a child’s statement is not legal unless based on good evidence that that particular child no longer needs it. We have gone back directly to the DfE on this to check that there has been no change of policy and have received this response:

“You will recall that in 2010, in the guidance “Improving the quality of statements of special educational needs – Good practice in writing statements”, we stated that,

“11. Funding

Resourcing levels or funding are not special educational provision per se, and are not a substitute for a detailed level of provision.

The LA has a statutory duty to secure special educational provision for children with statements (‘arrange that the special education provision specified in the statement is made’) and to outline how it ensures that the provision is made. The LA’s arrangements for funding statements should be subject to separate information, and the LA’s funding scheme should be clear about what levels and type of special provision is funded respectively by the school and by the LA. Such information is a statutory requirement (The Special Educational Needs (Provision of Information by Local Education Authorities) (England) Regulations 2001). If necessary, LAs should review and clarify with their schools the responsibilities of each for SEN provision, including what schools are routinely expected to fund. These arrangements should be reinforced through the ways in which provision is described in Part 3.

This position does not change as a result of the funding reforms. What we are saying is that the new funding system places even greater emphasis on LAs and schools being clear about the types of special educational provision each is responsible for providing.”

IPSEA would be very happy to follow up directly with any LA that has adopted this approach to specificity in statements. Please let us know.