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Need to vent re school and failure to implement statement

(19 Posts)
alison222 Mon 15-Oct-12 22:45:05

Both DH and I have been communicating with DS's SENCO re the failure to actually put in place the support that is in his statement.
Tonight we received this in part of the reply

"The school’s approach to supporting students with statements for ASD is to develop an overview of the child as an individual in this specific setting, while implementing support strategies which are appropriate for all students who have identified ASD.

Once we have an understanding of the child and have gathered informed feedback from teachers and support staff, we are then in a position to design a personalised programme which develops strengths and addresses any specific
areas of difficulty."

Erm..... What the is the statement for then - all been done by professionals who know what they are talking about.
Oh yes its so you can ignore it and goon your own sweet merry way.
I am absolutely incandescent!!!!!
Yes I know the next step is to go to the LEA. I thought my fight was over. The statement was written and the school had been so supportive before DS started.......

I need moral support and calming thoughts please - preferably before my meeting at 9.30 tomorrow morning as I am scered of saying something I may regret in anger

Badgerparade Mon 15-Oct-12 22:53:39

shock honk,honk.
Good grief! Well, in the meeting I would be pointing out that the sm is actually a legal document and that the LA is failing in it's statutory duty to provide the necessary support and that you will be raising the matter with the Head of Children's Services. That should put the wind up them. Just be calm and collected about it - you have the law on your side after all. Their letter is good evidence to send to the LA (makes you wonder how many other children are not having their needs met by them).

alison222 Mon 15-Oct-12 23:38:47

That is my instinct. I am worried that this is going to become a battle though. Every time I read it I get angry all over again. It's like the senco is saying this is what we sre gpimh to do take it or leave it

alison222 Mon 15-Oct-12 23:40:42

Sorry about rubbish typing on my phone. Our meeting is actually about Ot together with the Ot.

bochead Tue 16-Oct-12 00:00:49

Honk honk!

I can't think of any other profession where the law is so blatently broken as often as SEN

alison222 Tue 16-Oct-12 08:53:18

Now that I have had some sleep, I have looked up the legislation and found the relevant clause of the Education act to quote - thanks IPSEA to your site, and some case law to back it up too.

I am starting to feel more focussed now.

I have also looked up the governors duties and will be asking for the contact detail of the governor who is responsible for SN's. I do know one of the governors - this person is also a governor for an organisation who provides respite for SN children and so I am hoping it is her.

I so did not want to have to become confrontational, but from the letter I received last night I can't see any other way at the moment.

Delalakis Tue 16-Oct-12 09:04:32

The SENCo will no doubt try to come over as sweetly reasonable, we all want the best for your child, leave it to us dear, we know best - but stick to your guns!

Is the school an academy? If it's one of the newer ones, they have a clause in the funding agreement saying they must comply with the statement. If you can point out that it's the school's legal duty as well as the LA's, I imagine that could be quite helpful.

coff33pot Tue 16-Oct-12 09:13:50

Honking for you!

Stay calm and focused. List down or highlight the sections of the statement that are not being implemented. Use this as your focus sheet and just keep referring to it.

If they say they are using the statement ask for a copy of your child's timetable showing where and when the statement is being followed.

If they won't work with the statement don't get mad just be forthright and tell them your next step is to advise la it is not being adhered to and expect the la to be in touch with the . Then go ho e and email the la with a rough draft of what was said for each section not followed.

coff33pot Tue 16-Oct-12 09:16:03

Ooh it makes me so mad when it already costs blood seat and tears to get the bloody thing in the first place angry

NoHaudinMaWheest Tue 16-Oct-12 09:21:33

Can't add to the advice but just wanted to honk for you and express my anger at know it all schools.

StarlightMcKenzie Tue 16-Oct-12 10:15:11


What an outrageous letter. Still, at least you have it in writing that the SENCO needs more training on the SA process and the law.

moosemama Tue 16-Oct-12 10:30:30

Honking and standing shoulder to shoulder with you alison - we're going through exactly the same thing. In fact there seems to be a spate of threads on this issue on the board at the moment. angry sad

I hadn't thought of IPSEA, so will go and find some wording off their site to include in our letter as well. Thank you.

Incandescent is exactly right. It describes just how I feel about it as well. I was shaking with rage last night and dh came in after overhearing my conversation with ds about why he was so upset and said he had to walk away because he was shaking with anger and dh is one of those people who is always calm and never loses his cool.

Where do all these SENCOs/Heads get off thinking they can just ignore the law and do whatever they want. It would be bad enough in any situation, but where it is negatively impacting the emotional wellbeing and education of any children, let alone children with SEN it's beyond a disgrace. angry angry angry

bjkmummy Tue 16-Oct-12 11:22:42

i been in a similar position myself - my son should have been in an asd unit - head placed him in mainstream with part time TA - we had just moved back to this area and it had no special schools in county and like a fool i believed everything i was told - he struggled so badly taht it was heartbreaking to watch - in the end i got fed up of being fobbed off so sent the LEA the letter on the ipsea website asking them to enforce his statement - they ignored it so i contacted a sen solicitor and started judical review proceedings - they finally then moved him into the unit - by taking legal action it destroyed the already poor relationship i had with the school and the lea but it got him the help he needed. i would like to say it taught them a lesson - the LEAthat is as i got a grovelling apology - i was threatening LGO - but sadly i am in exactly the same position now with my younger son

alison222 Tue 16-Oct-12 13:55:58

Well, what a surprise they refused to divert the OT meeting to discuss this.
However the OT was fantastic. He sat and said to the people there from the school that they were not understanding Ds and the cumulative effect of coping with sensory issues.
He made the point that we were so far into term and they hadn't implemeted anything from his reports. He stressed that the part 3 provision that the school has to get on and organise it and it is in addition to the stuff he does as NHS OT.
He was SOOOOO supportive it was lovely.
I wish all the professionals that we have to deal with were as sympathetic.

I did make the point several times that the statement is a legal document and the school have to do what is in it.
I got the distinct impression that they have never seen such a specific statment before so are ignoring it as they don't realise. I think that particular bubble will soon have to burst.

moosemama Tue 16-Oct-12 14:40:10

Sounds like you have one of the good professionals there in the form of that OT alison.

I hope the school sit up and take notice of what he had to say.

I think you're right about the specific statement as well. I think that's partly what's going on with our school, they think they can just 'interpret' the statement, but they can't because it says 'school will provide ds with x, y and z and they will do it x times a day/week'.

alison222 Tue 16-Oct-12 17:34:29

moose that is exactly it. We left very little room for interpretation - ie daily OT exercises, review termly by Ot, 1 hour per week social skills etc etc. They just haven't dealt with this I don't think, and seem very defensive that they are doing a good job.
TB fair ds is settling better than i though he might but if they just provided the right support, none of the 3 detentions he has had would have happened and I wouldn't be constantly complaining.

hoxtonbabe Tue 16-Oct-12 18:43:12

I keep reading about these same isuues over and over on here and other fourms and currently going through a similar thing myself. Are there no action groups or something that we could join to bring this out and raise more awareness as it would appear that these days statments are as good as useless in mainstream schools.

This is a total farce and as Bochead mentioned teaching seems to be the only profession where it is accepted and done so blatantly to go against the law. I gave up ages ago trying to do the softly softly approach, as then they think you are thick or soft and still take the mick out of you..either way they paint you to be unreasonable, and tbh unless you have gone into the school issuing violent and physical threats if you were to be before a panel, it would not (or should not) lessen your chances or warrant the school and LA being pants, as we are all human and after a while of dealing with the injustice it is enough to make anyone blow.

Even when the statement is tight, they still try it on...Keep on Alison, I know it is draining, but hopefully they will realise you are not going to let them get awywith whatever they want and will be easier to implement.


bialystockandbloom Tue 16-Oct-12 19:16:10

Coming to this thread late but this happened to me.
Got statement. Appealed it. School stood against us.
Fobbed off for months with "we'll see what support we think he needs".
Negotiated good statement with LEA outside tribunal.
School still didn't implement it.
Had bullshit meeting with HT about "eclectic mix" blah blah blah.
I wrote to Head of children's Services at LEA.
Statement provision implemented the very next week. grin

If, after today's meeting, support still doesn't materialise, I would suggest you do the same thing.

I was obv worried about how it might affect our longer term relationship with the school but it seems to be alright so far (sort of).

Will come back to this thread, have to put dc to bed now.

alison222 Tue 16-Oct-12 22:36:32

Thank you hoxtenbabe and bialystockandbloom.
We were just discussing the next letter to go to the SENCO and head ie nice meeting today. Glad you now understand you must commission all provision in part 3. LEA has delegated this legal duty to do so etc etc ..... now when is it all going to be in place?
Obviously very nicely worded of course.
We will try that and then I think it will be the LEA if no instant response.

The SENCO sent her assistant this morning. I still wonder why she didn't bother to come herself. Maybe she knows full well what she should be doing?

I guess I should stop speculating and wait to see what happens when we next write to the school.

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