Statement

[benito]

My DD has been going through the statementing process. She has AS and is in Y4.

School have been really slow to do anything as she doesn't cause them any bother and it is only her own needs that aren't being met.

The final statement was issued yesterday and I found out that, a month ago, when consulted, the Head wrote to the LA and told them they were not prepared to accept her as there were too many things they needed to do to support her.

This was not just a question of hours but of the right 'physical environment' for her.

The y have known about what she needs for a very long time but never implemented any of it until forced. Now they are being forced , their position is we can't do it.

Don't you think the head should have had the courtesy to raise these issues directly with me? She says the statement was issued for her school 'desppite what she argued', yet she never mentioned to me that there was a problem.

She clearly doesn't want DD.

[IndigoBell]

:(

Not at all good. Sounds like any school will be better for your DD than your current one. Is there any other school she could go to?

You can appeal etc and fight for her to stay there - but it doesn't sound like it would be in your daughter's best interests to do that...

[benito]

Thank Indigo. I feel sick about it. I really do. If this was nursery and I was paying for it, I would not send her back, so it feels very wrong to send her here.

Will start looking around. Might HE in the meantime. Do you know what effect this wouold have on the statement?

[IndigoBell]

I'm fairly sure it has no effect at all on her statement - but ask on the SN childrens board. Lots more knowledge there..,.

[benito]

Thanks. I just don't know how we can keep going back there. I've spent over a year putting up with rubbish provision, waiting for this statement. We get the statement and it's clearly still going to be a battle.

Who wants their child thought of as a nuisance? But maybe it's the same wherever you go?

[IndigoBell]

No! There are loads and loads of good schools. Honestly.

When you find a new school you'll tell them straight up you have a statement for XYZ. And you'll see straight away if they want you there or not....

[benito]

Thanks! I think we need to get out of our very small town as all schools seem very similar.

I did see a school over the county border in a county which delegates most of its SEN budget and the Head's face fell when I told her about DD It was all 'ooh, it's very difficult, we would do our best but.....'

[bobala]

The statement may suggest a school or 2 that the County know have good provision for AS children - thats what happens in my County.

[benito]

Statement has named the school.

I really don't know what to do. I can't face this constant battle.

I don't know how I can get up tomorrow and send my kids there. I'm tempted to call it quits and just de-register them and homeschool until we sort out an alternative.

[mrz]

Schools can't refuse to accept a child because they have a statement. You may not want to send your child to a school with that kind of ethos however

[benito]

So when the school writes to the LA and says:

"Reluctantly, X School feels unable to accept DD under the terms of the proposed statement of SEN." And that are additional hours/funding are needed and a specialist TA and/or teacher as well as a more suitable physical environment.

They cannot do this? Is this a matter I can take up with Ofsted and the LA? The reference to the last sentence seems to me like an attempt to effectively exclude DD.

[benito]

So when the school writes to the LA and says:

"Reluctantly, X School feels unable to accept DD under the terms of the proposed statement of SEN." And that are additional hours/funding are needed and a specialist TA and/or teacher as well as a more suitable physical environment.

They cannot do this? Is this a matter I can take up with Ofsted and the LA? The reference to the last sentence seems to me like an attempt to effectively exclude DD.

[mrz]

The parents of a child with a statement have the right to express a preference for the school at which they wish their child to be educated and if the school is a maintained school, the local authority (LA) has a duty to name the parent's preferred school unless:

1. the school is unsuitable to the child's age, ability or aptitude or to his/her special educational needs
   
2. the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated, or the efficient use of resources.
   
   The Education Act 1996 paragraph 3 (4) of Schedule 27 provides that an LA must consult the governing body of an LA-maintained school before naming it in a child's statement. If the school is maintained by another authority, the LA must also consult that authority. The LA must consider the views of the school ? and the other authority where appropriate ? but the final decision remains with the child's home LA, that is to say the LA responsible for drawing up the statement.
   
   Under Section 324 (5) (b) of the Education Act 1996, if a maintained school is specified by an LA in a pupil's statement of special educational needs, the school is under a duty to admit the child. Although the governing body of the school will still be under a duty to admit, it could complain to the Secretary of State that the LA had acted unreasonably and/or failed in a statutory duty in naming the school.
   
   The governing body of a maintained school named on a statement cannot refuse to take a pupil because the school is full. However, before naming a school on a statement, in the case of maintained mainstream schools, the LA should consider carefully whether the admission of the child would take the school over the number fixed as the number of intended admissions for the year, which must not be less than the 'standard number' or 'approved admissions number', in other words, whether the school is already nominally full. Admitting children over this number might be incompatible with the provision of efficient education or the efficient use of resources. LAs would also have to ensure they comply with the legislation on infant class sizes in relevant cases.
   
   Admissions over the fixed number of admissions in a maintained special school may be more complex because the admissions number is expressed as a global total rather than per class or year group. In such cases, the LA should consider the number in the class to which the child would be admitted rather than the total for the whole school.
   
   [Education Act Section 324 (5) (b) and Schedule 27 3(3) and 3 (4). Code of Practice paragraphs 1:34 ? 1:36 and 8.80 ? 8:86]

[benito]

Mrz - thanks for this. I can understand all this when you ask for a child to attend a school you are not at but she is already at this school and has been for three years. She is already on the roll.

What was the head hoping to achieve? She told me they'd been named in spite of her reservations which is what started my inquiries. Did she think the LA were going to say 'ok, we will take her out of your school and send her somewhere else' without any consultation with us.

Not once has anyone ever said they can't cope with her needs UNTIL we get a statement.

[mrz]

No you can name the school the child is already attending.

I obviously don't know your daughter or the content of the statement but from your description I can't see the school's problem. Most schools welcome statements for the additional funding /resources they can bring.

[benito]

Her problem appears to be:

1. There was not enough fnding attached ((this has been increased after my appeal to the SEN Panel)
   
2. She says she will need a specialist TA and she doesn't know how she is going to get one - the statement does not ask for this but asks for a TA to be trained
   
3. Her big 'get out of jail card' appears to be that school cannot accomodate withdrawal - the statement says DD needs access to somewhere if things get stressful. She's managed without so far in the last 3 years so I don't think it's a major issue but this is why she is arguing the 'physical environment' is not suitable for her.
   

But, she never chose to raise this with us or discuss options, she just wrote and said they couldn't accept DD on the proposed statement

[mrz]

1 she has supposedly coped without funding so that's a no starter
2 already answered by training
3 could be the office - library

[benito]

Thanks. Just lame excuses to confirm we don't want your child.

I'm just disgusted. I was going to write to the LA and Governing Body but is this a matter for Ofsted? They're supposed to be an outstanding school - so much for inclusion!

[mrz]

I suggest you contact www.ipsea.org.uk/How-we-can-help

[benito]

Thanks - will do.