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(5 Posts)
loobs84 Sat 22-Sep-12 00:28:13

Hi, Hope you guys can help me out with this as we seem to be finding it difficult to get a definitive answer. Our 11yr old d/son has just started high school,has a Statement of S.E.N & recieves middle rate care component as he needs to be constantly supervised throughout the day so that he does not cause substancial danger to himself or others. Yet they seem not to want to have a T.A even just observing at a distance supporting him at break & lunch-times which are the unstructerd & unsupervised parts of the school day that at junior school he had the most difficulties with other boys verbally & physically bullying him & verbal ridicule a daily occurence. This led to him being home educated almost the entire yr6 & has left him realy anxious about mixing with other boys. We are going to tribunal to amend the wording & the provision within the statement to get that break & lunch-time support put into it but no-one seems to know if that wording within his D.L.A award counts in a school or not. We cannot see a logical reason why it shouldnt but would love some advice from you guys please...

justaboutiswarm Sat 22-Sep-12 00:37:33

Message withdrawn at poster's request.

Shellywelly1973 Sat 22-Sep-12 00:38:02

As far as i am aware the wording in your sons DLA award does not have to be regarded or taken into account by the school.

The Statement is the legal document that defines the child's needs and provision.

Going to tribunal is normally a lengthy process, i would approach the school and see what can be arranged in the mean time.

bjkmummy Sat 22-Sep-12 07:14:51

i have to agree - the dla award will make no difference and i know that sounds frustrating. you need evidence for tribunal so you need to go through your reports and see what parts you can pick out which backs this up otherwise you may need to get private reports. im going to tribunal at the moment so know how stressfull it all is and how unfair it sometimes feels. you are right to challenge the wording but you will need the evidence.

loobs84 Sat 22-Sep-12 13:45:18

Thanks Guys for the advice. We do have plenty of independent evidence that suggests d/s is very vulnerable to bullying and we will use that & we intend to introduce our son to the Tribunal to give his views on how he is feeling in these unstructerd times & how the physical assaults he has recieved (twice in 3 days this week) has affected & is affecting his confidence to interact with potential new friends. That is three weeks away so what do we do now? Our d/s current statement already has some small unstructerd support from primary school along with some SALT but neither have been provided for at the high school despite numerous requests to why we just keep getting told we like to have them settled for 3/4 weeks before we decide what to provide. Is this legal? We thought Transition Review we had in May & the subsequent Transition visits 5 in total was suffient time to dot the i & cross the t? We should have an I.E.P for him but we have not, we should have some SALT being provided for him but we have not & we should have some unstructerd support for him but we have not, so can someone please advise us why & is this not breaking the law as his current statement is a legal document is it not? Any feedback positive or negative we would be most grateful for as "Every little helps!!"

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