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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 22:33:35

Thank you for your support. I really appreciate. It is like living in the Twilight Zone!

Ragusa Sun 15-Sep-13 22:54:31

It must be.

Have been looking at the 2012 Specified Work Regulations again (as the original q you raised was about TAs). They talk about the conditions that must be fulfilled for education 'in a [maintained] school'. I am not sure they would apply to out-of-school situations, but they might: your barrister will be much better placed to give a view. I think the body of law on SEN as applies to Local Authorities will be your trump card: at the end of the day, it's this that seems to be being contravened. The school sound really good and co-operative.

racetothebottom Mon 16-Sep-13 07:06:51

Thanks. They do just apply in school but you could argue that if the law thinks TAs in school, where they can be far more easily supervised and directed, should not be teaching save for when specific criteria are met, how can TAs out of school become 'suitable' educators? Especially when the criteria required in school are not even met.

manishkmehta Sat 30-Nov-13 20:56:02

If you want home education (s319 ea act 1996) then you are entitled to request it at tribunal. Your lea will not offer it to you, but if all experts agree that your child needs it then I don't see any problem.

Are you in a position to appeal to the ftt? If so appeal and send in all the documents supporting your case. It's all about needs... If your case merits home education I think you could make that case without much difficulty.

My daughter is partly home educated and her aba tutors all have post graduate degrees as that is what was agreed.

Please do get in touch

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