Need advice - school not sticking to statement

[dustystar]

I was so pleased with ds latest statement. It had everything detailed that he needed and was exactly what I wanted and I honestly thought that would be enough. DS is supposed to have a maximum of 3 TAs working with him. This is written in part 3 of his statement and the school were aware of this and the SENCO indicated to me last term that she was undecided whether he would have 2 or 3 but he would definitely have more than 1. I was quite happy with this.

He has been there one week and according to him he has had 7 people working with him. Now he may be a bit confused as to who is there just for him and who is a general classroom TA but he definitely has at least 4 as three of them have written their names on his timetable and I met a fourth one today

I have rung and asked for his teacher to call me to arrange a meeting to discuss his progress (although she hasn't yet rung me back ) but wanted your advice. I want to approach this carefully as I really want to have a good relationship with the school but I feel pissed off that they appear to be ignoring what is on his statement.

I am right in thinking that part 3 of the statement is the legally binding bit aren't i and that the school must meet all the objectives etc listed in part 3 regardless of how they usually do things? And they can't just pick and choose which bits to do.

I am starting to get really stressed about this. I know its a small thing in one way but I just feel that added to the schools lack of communication last term that it doesn't bode well for how they are going to deal with him in the future.

[pinkbubble]

How old is your son?

Is he at Primary or Secondary School?

[dustystar]

The number of hours is specified. The school must supply 5 hours out of their budget and the lEA fund 25 hours. He is getting the support but it is from a larger number of TAs than the max written in his statement. This concerns me as if he gets stressed the way his TA deals with him makes the difference between taking a short time out to calm down and having a full meltdown.

I haven't contacted IPSEA yet as I want to speak to his classroom teacher first and hear what she has to say. At the moment I don't know whether he has just the 4 TAs that we have names for so far or whether he is right and has 7 TAs working with him.

[dustystar]

He is 8 and has just started middle school in year 4.

[pinkbubble]

My goodness, that is an awful lot of people for anyone to deal with let alone a DC who has a statement!

I wondered if he had just transferred to Secondary School and that was why he was having so many different TAs. So every lesson a different face.....

Your poor son!

[hecate]

you could call a review. We've done that before when we felt things were falling apart. It pulls the school up sharpish, I can tell you!

[dustystar]

When we had a look around there last year the SENCO told us that they tended to use subject based TAs so the children didn't have just 1 or 2 TAs like ds had at first school. That is why i got the LEA to right a max of 3 TAs into his statement as I knew he wouldn't cope with so many. He is bright and doesn't need help with the work - he needs help to stay on task and stay calm. He has a dx of ADHD and AS.

[dustystar]

I think we're due to have a review in November anyway but I'll bear that in mind. I just wanted to reassure myself that they had to stick to what is written in part 3 of the statement. I asked my Mum (also a SENCO) and she said she thought they did but wasn't sure and that then put doubt in my mind.

[hecate]

Yes. The statement is, well, it's a contract really, isn't it? It's binding. They HAVE to stick to it, or call a review to have it amended. They can't just decide to disregard it.

[drowninginlaundry]

the school is taking the piss
It's the LEA's responsibility, I'd bypass the school completely. Write to the Head of SEN in your LA that the special ed provision as per Statement of SEN is not in place, and say that if this is not arranged immediately, you have no choice but to start the proceedings for a judicial review in your son's name. Tell them that you are aware that for this you will be eligible for legal aid in your son's name.

Better yet if you can afford to pay a hundred quid or so for an education lawyer to write the letter on your behalf, normally that's all you have to do to give them a kick up the arse.

[dustystar]

I really would rather not go above the school just yet as that will definitely piss them off and although i am annoyed that they seem to be ignoring parts of the statement if I can get them to chnage things to fit with the statement without involving the LEA etc I think that will be better long term for ds. If I can't then I'll have to take it further

Thanks for all the replies. His teacher hasn't called so I'll have to call again tomorrow.

[nicky693]

We have had a similar problem with C's school. He is statemented for 4 days 1on1 a week. His statement states that he needs help with his lunch and needs someone with him in the playground.

This was not happening and C was coming home upset with a full lunch box as he didnt get the help. We also had and still have problems in the playground where he gets so excited when playing and accidently hurts other children. My arguement was this wouldnt be happening if they were Supervising and helping hime to interact in the playground as his statement says.

We then went to look at a special school for C. At this point his main stream school wanted to see us and promised that this would be sorted and to give them another chance. We are still having problems but the SEN officer has been very supportive. If all else fails with the school contact your SEN officer who issued the statement and they can arrange a meeting with themselves and the school.

Good luck