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Rules about a TA teaching

(79 Posts)
racetothebottom Fri 13-Sep-13 21:25:19

My son is out of school because he has Asperger's and is unable to cope with his setting.

School and all the professionals supporting him agree he should be taught at home.

We are currently paying for tutors and the hope was LA would take over this. They are in breach of their duty to educate as they are doing nothing despite the fact he has a statement.

They have now said they want school to send a TA to teach him at home until January when they will review.

His head is not happy and is seeking advice as he believes a TA should not be teaching.

I am sure this must be right but what is the law on this?

racetothebottom Sun 15-Sep-13 09:25:32

Just to mention that I have found some regulations which apply in school - the Education (Specified Work) (England) Regulations 2012 - which seem to say that the head has the power to allow TAs to take on specified activities like delivering a lesson but one of the things they can take into account is whether the TA is HLTA qualified.

Our head wholly disagrees with the stance of the LA. But they never cease to amaze me in their unstinting desire to undermine every suggestion of provision for my son.

Canthisonebeused Sun 15-Sep-13 11:29:50

Are the school acting legally through having him on role but not in school, untill they ecide what to do? do you know what he is marked on the registrar as?

mrz Sun 15-Sep-13 11:39:19

He will be marked as being educated off site
Is the school intending to plan for your child with the TA delivering the teacher's planned lessons?

Dwinhofficoffi Sun 15-Sep-13 11:42:27

Race I think you need some advice from IPSEA or if in Wales SNAP Cymru. What they are offering is not good enough. Has your child got a statement? PS how old is he?

Canthisonebeused Sun 15-Sep-13 11:49:21

But Mrz isn't it the case that can only be done if alternative arrangements are in place, they have not yet began alternative provision, therefore is this not an illegal exclusion?

mrz Sun 15-Sep-13 11:59:47

It isn't an exclusion
there are all kinds of reasons why a child may be educated off site not just exclusion

Canthisonebeused Sun 15-Sep-13 12:00:56

With supervised educational provision. This is not supervised provision yet.

Canthisonebeused Sun 15-Sep-13 12:08:23

I don't know too much OP about how this would play out with legal advice but I do know some wchools do not know how to lawfully manage such situations. but I would insist you know what mark your dc is being given and if it is a "B" educated off site I would insist this changes to a "c" other authorised absence if you are happy with arrangement or if you are not happy I would insist they exclude him officially and give him a mark of "E". Infect I would be inclined to push for an "E" until they decide what they do. Otherwise they need to have him in school with the adequate 1:1 they are suggesting should happen out of school.

racetothebottom Sun 15-Sep-13 13:13:55

Thank you so much for your helpful posts.

A barrister will now be looking at this for us next week .

Just to be clear, this is not school's fault. An agreement was made with all parties involved (all health professionals, ed psych and school and us) last term that DS could not cope and he should be offered an alternative education package outside school under s 319 education act.

This went to the LA who ignored what everyone said, refused to alter his statement, and said they wanted to plan for re-integration. In the meantime, they are demanding school send a TA to support him at home.

DS was being marked as being off for medical reasons which triggers the LA's responsibility to do something now - irrespective of what they decide to do with the statement long-term.

However, they have just dumped it all back on the school and said they have agreed that a TA will be sent out.

Head has not agreed this and believes he needs tutoring outside school not a TA. We agree and have paid for a tutor ourselves to see if this works and it has been working brilliantly.

LA are just forcing us to take legal action before they do anything.They are utterly disgraceful.

mrz Sun 15-Sep-13 13:17:46

I'm unclear ...has the OPs son been excluded or is it their choice supported by the school/other professionals that he is educated in the home?

What the LEA is suggesting is quite normal for children not attending school for whatever reason in the short term...

Ragusa Sun 15-Sep-13 13:25:36

Great you are getting a barister on this but shameful it shoukd be necessary. If you have formally asked for a reassessment and LA has formally refused to do so, you will be able to go to the First Tier Tribunal to challenge this decision.

Mynewmoniker Sun 15-Sep-13 13:26:07

They are a disgrace OP. I agree. You sound very able, if frustrated, in dealing with this.

I always worry for the parents that aren't able. They must get steam-rollered. It's hard enough having a kid with a condition without having to fight his corner with the 'professionals' all the time.

Chin up. thanks

Canthisonebeused Sun 15-Sep-13 13:26:16

Seems like the school and LA are digging their heels in. I hope a barrister will get your ds what he needs.

Is he in his last year of school?

racetothebottom Sun 15-Sep-13 13:40:26

Mrz - it is not a choice. My son has Asperger's and cannot cope with school so we have had to adapt to this. I wish he could cope and that life would be 'normal' as it is for other families who are able to drop their kids off at school and see teachers only at parents eve!

But he cannot so we have had to re-organise our work and family life because the LA have nowhere to put him so we suggested an out of school package.

If we refuse to accommodate him being educated at home, the LA would not know what to do with him or where to place him.

So I take great exception to them deciding that he doesn't even merit a teacher. No other parent would except their child being taught exclusively by a parent. Why should we just because he can't be in school because of his disability?

Mynewmoniker - I agree entirely with you. The SEN system is an absolute disgrace.

Canthisone - yes - Y6

racetothebottom Sun 15-Sep-13 13:41:09

exclusively by a tutor.

Canthisonebeused Sun 15-Sep-13 13:44:41

Is s. 139 only relevant to post 16 education?

mrz Sun 15-Sep-13 13:55:15

racetothebottom my son also has Apergers and it is a "choice" although it may feel as if circumstances dictate unless he has been excluded by the school

racetothebottom Sun 15-Sep-13 14:02:16

Er how is it a choice?hmm Should all those involved frag him into school? Or perhaps we could invent there is a special school nearby where he would go?

It would be imaginary of course as none exist.

He is has been in and out of schools for 3 years.

Children with AS are not all the same.

Do tell me what the choice is.

racetothebottom Sun 15-Sep-13 14:03:02

drag - obviously.

I am glad your son can cope with school but please don't assume this means that every child can.

FannyMcNally Sun 15-Sep-13 14:10:56

It sounds like the school are on your side. If your son was de-registered from the school would the LA be forced to act? It sounds like they are leaving it to the school at the moment.

mrz Sun 15-Sep-13 14:15:45

My son couldn't cope with school and yes I had to drag him in and hand him over and hope he didn't get home before me ... for two years the school "educated" him alone - him working unsupervised in what amounted to a cupboard off the school library on work provided by the teacher ... so don't assume you are the only one

Canthisonebeused Sun 15-Sep-13 14:30:03

The problem is that it shouldn't be a case of school or home it should be a case of tailored education provided by the education authority or registered school. I'm not sure the rights and wherefores between the school and LA but someone should be making suitable provision it should not fall onto the parents to accommodate the child at home.

mrz Sun 15-Sep-13 14:34:01

No it shouldn't but it seems the OP feels they had no choice but to keep their child at home which complicates things

Canthisonebeused Sun 15-Sep-13 14:38:39

I don't think she has though has she? I think it's a short term measure, which I agree sounds doubious but not on ops part, until alternative provision has been arranged. I think OP has shown patience with the school and LA I don't think she has solely decided to keep him off school.

mrz Sun 15-Sep-13 14:46:31

I can't tell from the OPs posts how long the situation has been in effect

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