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School not complying with statement

(8 Posts)
Pennina Mon 15-Oct-12 23:05:53


I'm new - looking forward to getting to know you all. I've 2 children, DD is 8 and has HF autism (but not Aspergers!) and has a SEN. Both children are at the same mainstream school. (my son is 7 and doesn't have any SN issues). We got a good statement for DD in Reception. She's now in Year 4. All was fine but in Year 3 things started to slide with the school. They are not always providing support for DD despite the statement providing for full time support. Because of DD's condition this is not good for her - she needs continuity in order to thrive. She does manage very well but that's not really good enough, the statement is there to help her do more than "just manage". The school were also required to set up a social skills group and because some School Action Plus kids needed some social skills support too, a group was set up. However, in the last term of year 3 the teacher left and now here we are a 1/2 term later and the teacher hasn't been replaced and they've got no one on the staff suitable to run this group so she is not getting the Social Skills support that she should have. DD's very good support has left on maternity leave and now DD is just getting random support from whoever is available. The school had ample notice of this maternity leave and still I'm being told that it's all very difficult and that they're doing their best to sort something out. Sorry this is so long. Can anyone advise on the best and most effective course of action if a school doesn't comply with the statement requirements?


alison222 Mon 15-Oct-12 23:46:19

Hello. I don't know if you read my thread about this. I am having problems with my ds statement too.
I do know. That it is the legal duty of the let to entire that what is on the statement is delivered and I have just been advised to write. To the head of children's services or threaten to in the first instance to try to get them to comply.

ArthurPewty Tue 16-Oct-12 06:56:22

Message withdrawn at poster's request.

Delalakis Tue 16-Oct-12 09:10:12

I think you need to talk to the school initially, pointing out that there's a legal duty to supply what is in the statement - there's some useful stuff about that on the IPSEA website. If they are saying they are having trouble recruiting someone, ask what they've done about this, e.g. by way of advertising as soon as they knew about the maternity leave, or by going to agencies. But make it clear to them that it can't go on and if they don't resolve it very quickly you're going to have to go to the council and you're going to have to go legal.

NoHaudinMaWheest Tue 16-Oct-12 09:24:29

Hi Pennina welcome.

I am not going to add to the good advice others have given but as we do here am going to honk for you.

(Honk as in geese encouraging each other to keep flying.)

StarlightMcKenzie Tue 16-Oct-12 10:12:34

Send a letter to the HT copying in the Governors outlining your concerns as you have done here, staying factual and to the point (use bullet points if necessary). Ask them to respond by a certain date assuring you that all has been resolved (2 weeks is reasonable) and ask them if it would help them get the resources they need to implement your dd's statement if you to flag up their difficulties with the Local Authority.

If you don't get a response in two weeks, send a copy of the letter to the Local Authority asking them to investigate and provide resources in the interim whilst they do so.

moosemama Tue 16-Oct-12 10:23:05

Hi and welcome Pennina.

We are in a similar position with ds1 (8, AS) although his statement is new and the school aren't implementing it, just cherry picking the bits they want to do and completely ignoring the rest. angry

We arranged a meeting with the SENCO to discuss how they intended to implement things and made it known that we felt their way wouldn't work.

A couple of weeks later and it's all gone horribly wrong for ds. I spoke to our officer at the LEA who said we are entitled to go and tell the school to implement the statement as it is written and that they had signed a legal document to say that they would do so. They also said to circumvent the SENCO, who is clearly being obstructive and go straight to the Head.

Dh should be calling the Head around about now. Dh is going to give reiterate their legal responsibility and how they are failing ds, tell him we have spoken to the LEA who told us to tell the school to implement the statement properly and give them a deadline to sort it out. He will then confirm their conversation in writing (always confirm everything in writing and keep a copy).

If they don't get it sorted, we will follow it up with a letter to the LEA asking them to get it sorted.

So similar to what Star suggested really.

Can't tell you whether or not it will work, as we are literally going through this today, but wanted to wish you good luck in getting things sorted for your dd.

Nigel1 Tue 16-Oct-12 20:09:44

The implementation of the SSEN is down to the LA and not the school. Write to the LA and say that if you dont get the provision as indicated within the SSEN within 15 working days then you will take formal legal advice.

Since it is the childs statement that is not being implemented then the appellant will be the child with you acting as litigation friend.

You then go along to a solicitor who has a franchise from the LSC for education law and ask them to advise and instruct a barrister to institute Judicial Review proceedings under s 324[5] of the Education Act 1996 in that the LA has failed to provide the provision in the SSEN.

That should not cost you anything as its the chidls rights that are being impinged. LAs don't like JR as it shows them up as not acting lawfully. Normally the threat from a recognised solicitor in this field causes them to act.

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