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naming school on statement - is it parents choice or do some LAs have power

(16 Posts)
NourishingButtons Thu 09-May-13 21:25:00

I met with a LA employee today (Springboard). Talking about our school appeal/stat assess and she basically said our LA do not have to accept the school we want put on statement (our village school where his friends go and he can walk to) and if his needs can be met elsewhere (the school he's been allocated in next but one village) then we've no chance of getting him a place at local school via a statement.

Can this be true? can some LA's do this?

lougle Thu 09-May-13 23:38:45

It's not true. The SEN CoP says that the LA have to name the school of your choice unless it is incompatible with the efficient education of other children or it is unsuitable for your child due to their needs.

It doesn't matter if the school is full, either.

NourishingButtons Fri 10-May-13 08:21:24

Thanks. Every LA employee really tries to put me off, saying all sorts. Parents all say ignore them and go for it, hmmm who shall I believe? Not the Bl00dy LA that's for damn sure. Am so chocked being new to all this what a fight it all has to be

StarlightMcKenzie Fri 10-May-13 10:48:22

They have to accept your child UNLESS there is a very good and importantly LEGAL reason why they cannot.

Those reasons are very rare indeed, and almost unheard of.

NourishingButtons Tue 14-May-13 14:05:46

What if the legal limit on infant class sizes has been met (30) and to include him would risk the education of the other children?

Its reception class, and we have just put in for statutory assessment but am worried he will slip through the net of not quite getting a statement but not having his needs being met best (at his local village school that we didn't get).

Our LA seems to give less statements % wise

StarlightMcKenzie Tue 14-May-13 14:18:40

Yes NB. That is an argument they can make, but it would be a very dubious one and they would be unlikely to win it as there are classes all over the country with an additional child to infant class sizes, so they'd have to be extremely specific whilst also avoiding disability discrimination.

For the record, there are a number of children here who have children now in special schools who were told they wouldn't get a statement or had one refused when they applied. Don't take either what people say, or a first refusal too seriously if you believe he needs one.

NourishingButtons Tue 14-May-13 14:28:23

Thanks Starlight. I'm unsure if he would get one - he is displaying as very complex - from 2 private assessments - has rigidity of mind and fixed ideas, no theory of mind, quickly escalating meltdowns if things don't go his way, needs orientated, also super clever (99% on vocab, non verbal reasoning and others), not safety conscious, sensory probs esp proprio... Possible aspergers/possible 'gifted/able', just don't know yet as only 3 and 8 mths. Private ed psys said he will need 1-2-1 on whole group activities, desk work and transitions (looks like most of the day??)

NourishingButtons Tue 14-May-13 14:29:51

MIL used to be an infant school secretary, and she is on side but keeps saying schools have no money and they will have to employ an extra teacher, thinks we won't get anywhere with appeal or statement

StarlightMcKenzie Tue 14-May-13 14:36:29

Your MIL is a native. It is near impossible to turn native teachers against themselves. My parents are both Primary School teachers and it took them over a year before they actually believed that the school and LA were being obstructive and that I was right, and then another 6 months before they actually saw how bad it really was.

They were shocked at their colleagues and gutted.

There are teacher/parents on this board who say the same. You believe in the service you are giving, until you become a user. Then it is a completely different story.

NourishingButtons Tue 14-May-13 14:50:12

Thanks. When I read the first few pages of the code of practice I thought my son fitted into both the legal acts mentioned (forgotten at mo), due to 'mental impairment that restricts daily life' - that's enough for me! I will be a warrior mum with this.

StarlightMcKenzie Tue 14-May-13 14:55:54

And 'complex'.

Complex is a key word. Mention it every other sentence. As well as the word adequate, in a negative sense.

So, his educatinoal needs are not currently being adequately met.
As his parent, my hopes for my child is that he receives and adequate education that meets his needs. I would like him to be assessed to ensure that he received adequate provision and that his complex needs are adequately met.

That kidn of thing.

NourishingButtons Tue 14-May-13 15:47:27

Thanks again - he is definitely complex, that's what both the BIBIC therapist and Ed Psyc said. Will be using 'complex' and 'adequate' lots in school appeal and statement correspondence then!

MareeyaDolores Tue 14-May-13 17:10:59

Ask then to put him on an 'early years action plus' intensive intervention for 'life skills', because you think he'll be unsafe to himself and others when going on a school bus without 1-1 supervision. Write to educational psychologist asking her to design a graded exposure, and to transport service for special permission for him to have practice rides (with you or nursery staff) prior to end of term.

Not staying in seat, loud distress, taking forever to get imams off, not following instructions in an emergency, fiddling with the doors, messing with seatbelt, travel-sick etc. Only if this is reasonably likely to be problematic, obviously!

MareeyaDolores Tue 14-May-13 17:11:35

Get on and off, not get imams off blush

NourishingButtons Tue 14-May-13 18:43:33

Mareeya, we are incredibly worried about the unchaperoned minibus. The EdPsyc (private) said he would be very worried about the minibus (impulsivity/h&s concerns), escorted or not (in his report).

Who do I ask for early years action plus/life skills intensive intervention?

MareeyaDolores Tue 14-May-13 20:06:18

Early years = nursery or preschool
Action = their SEN register/ individual educational plan / IEP target
Action Plus = as above, with input from outsider like ed psych or occ therapist

Life skills intensive intervention is my phrase (not trademarked wink) for any focussed SN-uber parenting, and no-one has ever queried it grin

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