And I am convinced the judge is on crack!?!
They have not named part 4...fair enough as I had a feeling they wouldnt anyway, even though that is actually the main issue for me...the provision is not much, however the little provision I do want and he did have the senco couldnt be bothered to implement and the school will always be like this, and I cant chnage the mindset of the school.
So some of the things that has grabbled me is, the senco said my son currently gets xxx provision, and the judge put this in the decision, however my son does not get xxx and never did. I could not challenge it at the time as it was a new provision and only he could answer if he was getting it at that time, but when I got home and asked he said no, senco said all her staff are trained, only for me to find job ad for an LSA stating no school experience required.
Judge allowed my late evidence, but in the decsion she states she did not?!?
Judge said she prefered LA evidence that my son is working at a level 6 (teacher assesments which are only guestimates at the end of the day) rather than my sons actual test results that he sat in a controlled exam setting gathered over 1.5 years which is all part and parcel of the schools measure of progress, showing he is the worst in his class and not making any personal progress (based on his personal tests) and also "the school are unlikely to infalte greades becasue they are outstanding on Ofsted" WTF?!?! What that has to do with anything is beyone me
Judge said while she agreed with Dyscalculia diagnoses from EP she did not agree with level of provision EP recommended (2 EPs have said in my evidence DS has a age 8-9 ability in maths, he is almost 15!)...LA did not have any counter arugement to this other than senco saying " i dont think he is that bad" and the LA showing an example of one good peice of homework.
Senco have never issued an IEP for my DS, so not sure how they can say he is making progress in his area of need...cant say that when there is no evidence to show, but the judge decided to overlook that gem.
Judge Agreed my DS should have breaks to keep him on track..didnt specify how much though
Judge agreed to my DS needing to stay in small class, I have the expert witnesses saying it should be no more than 10, and as I mention the panel agree with this, his current school class size is 10, but judge didnt feel the need to specify this number...now if I was to move away, I will still have the statement and how exactly will another borough be able to interpret "a small class" some could be considered 20 given most schools are min 25
Judge Agreed my son needs to engage in a interactive enviroment with kinestic (sp?) learning...senco said yes we do all that, however I do not think they fully realise what that means as it is a whole class affair and they would have to change the whole way the class it taught which is not ever going to happen and will not be compatible for the rest of the class.
Said my DS should be formally assessed every half term?!!? Thats not even something I or the LA asked for, that is too much and he will get peeved off, I only asked once per year
Anyhoo, while it goes over to a barrister to look at the decision, as it is clearly a case of cherry picking parts of my sons needs and experts advice to fit around the school rather than what my son actually needs and relying on evidence no sane person would ordinarilly (4 experts who saw my son over a period of 2-3 days all say the same thing, only the LA say the opposite after carrying out the least testing and only seeing DS for 1 hour, judge goes with LA?!?) and my Disabilty discrimination claim against the school goes ahead, I am seriously looking at home schooling, as I can not allow the school to use my son as a cash cow, they have the funding for him yet refuse to put the support in place while the senco drives around in her Mercs!!
Problem is my son will need his slt support and some additional held for his maths as it is so poor and this is where I know the LA will not provide (not that they really are now) can a tribunal order support for homeschooling, slightly worried about what happens after Y11 if he is homeschooled as no doubt they will want to whip away the statement totally.
Many thanks
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So the decision came through..
7 replies
hoxtonbabe · 06/11/2012 18:50
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