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(41 Posts)
CardyMow Fri 02-Sep-11 15:20:05

In my thread [[ ]], you wrote down a quote - could you possibly tell me where you sourced

'The duty of the local education authority to provide full-time education applies to all pupils including those who:

* are temporarily living in the area for long enough to attend school, for example, the child of a Traveller or a child whose parent is in the armed forces
* have come from abroad
* have special educational needs.'

From? I REALLY need to include this in a letter I am writing to the school for my friend, but I need to be able to state what bit of legislation I (you) got it from.


CardyMow Fri 02-Sep-11 15:27:42

CRAP. Forgot to put the link in. I'll try again.

CardyMow Fri 02-Sep-11 15:38:34


catherinea1971 Fri 02-Sep-11 17:35:37

I just put what you quoted into google and it came up with the above, hope it

wasuup3000 Fri 02-Sep-11 18:39:06

Thanks Catherinea1971

CardyMow Fri 02-Sep-11 19:13:19

Thank you. TBH I'm a lot bit technologically inept, and didn't even THINK you could google something that long!

CardyMow Fri 02-Sep-11 19:29:44

That's just from the CAB website. Is there anywhere in the educations acts that this is stated? I have tried to read through them, but can't find that sort of thing in there - is it just what the CAB says, or is there a piece of legislation that says the same thing?

It's quite important, as I want to put it in the letter to the school informing the school that my friends' son will be attending full time from 6th September. I need something the school cannot deny is part of the education act IYSWIM.

wasuup3000 Fri 02-Sep-11 19:38:04

You may find these useful/worth a ring as well?

CardyMow Fri 02-Sep-11 19:42:33

THANK YOU! You are all being so lovely, and such a great help, which is enabling me to help my friend so much more than I could have on my own.

CardyMow Fri 02-Sep-11 22:12:20

This is the letter I have written about my friends' son attending full time from the start of the new term.

My son , XXXX, is entitled to a full time education, as stated on the CAB website:
The duty of the local education authority to provide full-time education applies to all pupils including those who:
* are temporarily living in the area for long enough to attend school, for example, the child of a Traveller or a child whose parent is in the armed forces
* have come from abroad
* have special educational needs.

I also believe that my son, XXXX, is being discriminated against due to his disability of ADHD (and also possible Aspergers or ASD), as he is not being given a full time education, unlike your other pupils that do not have these disabilities.
Therefore, I will be dropping my son, XXXX, off at 8.50am on Wednesday 6th September, and collecting him at 3pm, and he will be attending school full time from this day onwards. If this is not acceptable to you, could you please provide me with a letter stating that XXXX will only be able to attend school from 1pm to 3pm each day, and also your reasons for this.
Many thanks, XXXX's MUM.

Is this worded well enough? Is there anything I should change or include, or even leave out? I need to print it out tonight or first thing tomorrow morning to take to my friends' house so she can sign it, so any last minute changes would be helpful!

CardyMow Fri 02-Sep-11 22:16:57

I have also written this letter, requesting an appointment with a parent partnership officer (even though I know the post is vacant and has been for 3 years). Is this letter OK?

To whom it may concern,
As per the SEN Code of Practice, part 2:16 All LEAs must make arrangements for parent partnership services, and part 2:20 Parent partnership services are expected to provide a range of flexible services, including access to an Independent Parental Supporter for all parents who want one, I wish to request an appointment with a Parent Partnership Officer in order to help me compile an appeal against Essex LEA’s refusal to assess my son, XXXX for a Statement of Special Needs. I require this appointment before the 16th October 2011, as my appeal HAS to be returned before the 22nd October 2011.

CardyMow Fri 02-Sep-11 22:19:05

Message withdrawn at poster's request.

mariamagdalena Fri 02-Sep-11 22:35:33

They all look fine to me.

mariamagdalena Fri 02-Sep-11 22:39:43

Another thought. If her son is off school for no good reason could she report herself to the educational welfare officer (new name for truancy officer).

CardyMow Fri 02-Sep-11 22:53:40

Funnily enough, even though he isn't at school at all in the mornings, and sometimes my friend cannot get him to school in the afternoons (He kicks off when he cannot stay in the morning when his twin sister goes in, tires himself out, and falls asleep), so he has missed afternoon sessions too - the EWO hasn't been in contact. Which is, thinking about it, ODD, as when my DS1 was in hospital and at home off school with a really severe concussion (that happened AT school), she was out to me the day after he was out of hospital.

What would happen if she reported herself? Would she get fined? Would they contact Social Services?

wasuup3000 Fri 02-Sep-11 23:04:25

CardyMow Fri 02-Sep-11 23:05:07

Reposting EP letter, as I have reported myself - thought I'd taken the school name off, so hopefully that post will disappear!

And lastly, This is the letter I have written requesting an EP assessment.

Due to the problems that my son, XXXX is having in school, both behaviourally and educationally, I hereby request that he is seen for assessment by the Educational Psychologist when she is next at XXXXXXX School.

Is this enough, or would I have to write a bit more? I want to print them out for my friend to sign.

StarlightMcKenzie Fri 02-Sep-11 23:25:42

'I hereby request that he is seen for assessment by the Educational Psychologist as soon as is possible.'

It's still quite vague but it shows that you mean soon, and for this child specifically rather than wheneve she might be coming to see someone else, which actually could be never in a year sometimes.

I think your other letters are very good but the one to the school needs a sister letter to the LA, because, as you state in your letter it is not the school's duty to provide this education, it is the LAs.

You say to the LA, that from the 6th Sept he will be attending full-time so please liase with the school to make sure that they are supported in this new arrangement as until now, without the agreement of the parent, they have only allowed him in for 2 hours per day.

I think it is important to have this in writing to them because when challenged the school will say it was the parental wish, but here you are making it clear it was not, and also, you are warning them that if this arrangment fails, i.e. it falls apart on the 6th, you know it is their, the LA's responsibility.

CardyMow Fri 02-Sep-11 23:26:37

So basically, even if she reports the situation herself, she could be liable for a fine?

Oh, and I have told my friend that even if the school ring her to pick her child up (which often happens when he's only been in school for an hour), that she needs to insist that they have a letter written that states that they are sending him home - as otherwise, it just looks like she's picked him up early, doesn't it? Though quite why my friend would do this whilst leaving his twin sister there till 3pm is beyond me? But it looks like, on his attendance sheet, that that is what they have been doing. And she hasn't been keeping a record of it, and hasn't got in writing for most of these occasions when she's had to pick him up early. They're not 'exclusions', she has just been asked to pick him up as they 'cannot control him' and she has done so without question!

StarlightMcKenzie Fri 02-Sep-11 23:29:37

Does your friend drive?

DS's school used to phone me up now and then, but I was always able to tell them that I am coming immediately but that by the time I have walked to them to pick him up it would be hometime anyway.

I also don't own a mobile phone, which is also mighty handy. They can't expect me to be in the house all day, and mobile phones haven't existed forever. Did parents never go out before them?

wasuup3000 Fri 02-Sep-11 23:30:26

* I request that he is assessed by the schools Educational Psychologist and that due notice be taken of the law:

Education Act 1996

* Part IV
* Chapter I
* Identification and assessment of children with special educational needs
* Section 323

2)A child falls within this subsection if—

(a)he has special educational needs, and

(b)it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.

wasuup3000 Fri 02-Sep-11 23:32:45

Copy in the LEA and say:

If my child continues to be failed by the LEA that I will proceed with a formal complaint to the Head of the Local Authority, the secretary of state nad to the Local Ombudsman.

CardyMow Fri 02-Sep-11 23:35:27

Thank you. So if I word the sister letter like this:

My son, XXXX, will be attending XXXXXX school full time as of the 6th September 2011. Could you please liase with XXXXXX school to make sure that they are supported with this, as, until now, without my agreement, he has only been allowed in school from 1pm until 3pm each day. The LEA has a duty to educate my son, XXXX, full time, irrespective of his SEN.

Would that be worded ok? OH - and thank you for having a look. TBH my friend is having great difficulty with this, and it was only in conversation with me that she realised just how much the school have tried to pull the wool over her eyes.

The HT even told her that he would not allow her son back into FT school unless she had him medicated for his ADHD (against the clinical psych advice, due to his age, and the fact that he is small for his age too, plus mum is worried about SE's from the meds). But refused to put it in writing, and pretended he hadn't said that when in a meeting with the LEA. Then reiterated it to her when the meeting was over and they were alone again.

Also the HT keeps refusing to let my friend have another friend go with her to meetings for moral support, depsite knowing there is no PPO to go with her. So a lot of these meetings take place with her on her own, therefore no witnesses to what is being said. I am trying to find the bit of legislation that covers this, because I KNOW there is some, and I want to be able to wave a printout in the HT's face if he tries to say I can't go into the meetings with my friend...

CardyMow Fri 02-Sep-11 23:37:36

Star - no, my friend doesn't drive, but our primary has a 'rule' that parents must be contactable at all times, or nominate someone for that child who is contactable at all times. It's part of the home-school agreement, they won't actually let a child through the doors without at least 3 contact numbers.

CardyMow Fri 02-Sep-11 23:38:03

And she only lives a 5 min walk from the school..

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