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A "suitable education"

(90 Posts)
racetothebottom Thu 12-Sep-13 07:07:02

Have namechanged.

Does anyone know whether having a child taught solely by a TA at home constitutes a "suitable education" under the Education Act for a child out of school?

Usually, LAs provide tuition. Our LA wants to send a TA for the next 3 months while they "assess" DS further. He has a statement and complex needs but can't cope with school.

KeepOnKeepingOn1 Thu 12-Sep-13 12:13:17

There is a policy document called Access to Education for Children and Young People with Medical needs but it has been archived. I have a PDF copy if you want to PM your email.

Brief info here

webarchive.nationalarchives.gov.uk/20121015000000/http://www.direct.gov.uk/en/Parents/Schoolslearninganddevelopment/YourChildsWelfareAtSchool/DG_10037983

www.ace-ed.org.uk/advice-about-education-for-parents/School_Attendance

racetothebottom Thu 12-Sep-13 13:02:14

Thanks.

Just heard from head. He has agreed nothing of the sort.

racetothebottom Thu 12-Sep-13 13:35:58

So the LA are proposing a package that the head has not agreed to.

KeepOnKeepingOn1 Thu 12-Sep-13 14:02:47

Why did the school allow themselves to be named on his statement? Why didn't they say 'no'?

racetothebottom Thu 12-Sep-13 14:12:04

I don't want to give too much away but he has attended the school.

KeepOnKeepingOn1 Thu 12-Sep-13 14:29:05

Talking to the good LA tutors when DS1 was out of school there are some children for whom the LA can't find suitable provision who will remain with EOTAS - eg 14 year old nonverbal ASD with challenging behaviour - and have home tuition until legal responsibility expires. This is rare.

Medical pupils are entitled to a minimum of 5 hours but in practice this is a maximum. In reality DS1 got just over half the tuition to which he was entitled after the various delays were taken into account.

Is this m/s or ss?

racetothebottom Thu 12-Sep-13 14:31:43

M/s. He is not in the situation your LA tutors refer to. It has been accepted he can be educated out of school until January subject to assessments which we are contesting as they have all the info they need right now.

The issue at present, however, is whether the TA provision is a 'suitable education'. Head agrees - no.

claw2 Thu 12-Sep-13 14:45:23

Race, you obviously don't think its suitable, the school don't think it is suitable.

Do you want a specialist teacher to provide the HT?

racetothebottom Thu 12-Sep-13 14:58:43

We just want the LA to pay for a tutor which is pretty normal practice in these circumstances.

I just wondered whether anyone had had any experience of arguing what constitutes a suitable education or had been offered a TA as a sole educator.

KeepOnKeepingOn1 Thu 12-Sep-13 15:49:10

Has DS been excluded?

claw2 Thu 12-Sep-13 16:28:44

Cant school just say no we are not providing a TA as we think it is highly unsuitable and list their reasons? if they are totally against it and haven't agreed to it. You do the same, list why TA is not suitable and why tutor is. That's your argument?

racetothebottom Thu 12-Sep-13 18:33:19

No not excluded and I am hoping Claw that this is what the head will do - write and say this is not a suitable education package.

Interestingly, he did say this to the LA who told him 'we're not interested in your views but whether a TA can physically be sent to the child's home'

Nice. Would they say that in front of the court? Yet, how many times do LAs tell us how important the head's views are.

Blimey, who would do their job? I would rather clean toilets.

claw2 Thu 12-Sep-13 20:32:27

The LA obviously want to keep tabs on you, as they did me and try to force a return to school. I had the opposite problem, I wanted the TA to come home!

The refused to send a TA from receiving school home for ds, despite it being EP recommendation and sent a home tutor from the PRU, who was regarded as a 'specialist' teacher as she worked in the PRU.

It backfired, as the home tutor they supplied backed me and stated that a MS education wasn't suitable for ds and recommended my choice of specialist indie school!

Blimey, not interested in his views or whether the TA can meet your childs needs, I hope this was written in the minutes of the meeting

racetothebottom Fri 13-Sep-13 07:16:42

No minutes - he was only spoken to on phone. He said he would write a letter and put it all in.

The sense of moral self-righteousness in the letters from the LA is what gets me. All while they are lying!

Summerhasloaded Fri 13-Sep-13 08:17:15

No advice I'm afraid, but angry for you. I hope the head writes a dynamite letter!

KeepOnKeepingOn1 Fri 13-Sep-13 08:43:22

www.asd-forum.org.uk/forum/index.php?/topic/28500-sen-statements/

OP on this thread also had a child out of school with the LA suggesting TA from school but no statement yet in place. Might be of use.

Personally I would make it formal (if he has a medical diagnosis) otherwise you can spend months with nothing really happening. Obtain medical authorisation and apply to your LA for EOTAS. This is not an easy route and I only took it because I was appealing for indi ss.

If you are going to home ed on a long term basis, you can forget the LA paying for a tutor. 5 hours a week is just not worth it - even if you could get it - to have LA eyes and ears in your home. They like to do it 1 hour a day for maximum disruption. The last tutor was one of the nicest people I have ever met BUT she is an LA employee. Plus they say we'll bracket homework or plans for reintegration but they just won't let it lie because this is against their 'policy'.

I don't think parentally 'chosen' but LA funded HE is what s319 means in practice - rather, for example, if you were seeking to argue that the school needed to have specialised OT equipment on the premises (and therefore that indi ss was required to meet need) then the clause could be used to argue that a m/s school can meet need if it can provide 'access' to specialised equipment that is not in school. It also gives protection for the LA who can't find placement and 'park' the child.

racetothebottom Fri 13-Sep-13 09:35:14

Thanks Keeping - it is not parentally chosen but LA paid for provision.

My son can't cope in school and there are no other schools (even Indy SS) who will take him. There is one local Indy SS which might but it can't take pupils until Y7.

So, someone has to do something with him and I think this is what the problem is. They have nowhere to put him but don't like agreeing with the suggestion.

racetothebottom Fri 13-Sep-13 09:35:55

Also, s 319 is frequently used to cover ABA packages at home and covers any education for a child who cannot be educated in school.

racetothebottom Fri 13-Sep-13 09:52:06

Thanks for the thread b - very interesting to see that the use of a TA is intended to get him back to school!

claw2 Fri 13-Sep-13 10:26:25

Race, the problem with them paying for the tutor you have chosen is they cannot monitor (is the nice way of putting it) or snoop and they have to regularly 'review'. They are not just going to pay for your tutor and have no further involvement and just leave you to it.

Maybe your tutor would be prepared to 'work' with the LA and give regular feedback? Might be something you could offer to them, in order to get them to pay for tutor?

claw2 Fri 13-Sep-13 10:30:20

So you are saying TA isn't suitable and listing your reasons, HT is suitable and listing your reasons. School are saying TA isn't suitable and listing their reasons. However your tutor is prepared to give LA regular feedback and reviews etc. Then you look totally 'reasonable'

racetothebottom Fri 13-Sep-13 10:43:09

On to it Claw! I have already volunteered to EP that she meet with the tutor at her next visit so they can have a chat. I am quite happy for that to continue.

claw2 Fri 13-Sep-13 11:09:32

That's good, be seen to be totally reasonable at all times!

Ds's tutor had daily checklists and forms to fill out with regard to things such as pupil engagement, behaviour etc, etc.

Maybe you could ask the LA what they would expect a TA to do if she did provide HT and maybe offer similar? Even if you do not want to follow their 'guidelines' exactly as least you will know what you are up against and counter their argument.

racetothebottom Fri 13-Sep-13 12:50:15

I think they would be leaving that to the school to decide what the TA would do but the school don't want to send the TA or have her teach!

claw2 Fri 13-Sep-13 13:38:23

Not the curriculum that TA teaches, I meant more along the lines of when they send someone into your home, its to gather evidence that a return to school is possible.

They dont just let the HT get on teach, they gather evidence by asking the HT to fill out forms and tick boxes daily. The LA wont just hand over to a TA and have no further involvement. They will want boxes ticked etc.

In our case the evidence they got wasn't what they expected and it showed a return to the MS school wasn't suitable.

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