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A "suitable education"

(90 Posts)
racetothebottom Thu 12-Sep-13 07:07:02

Have namechanged.

Does anyone know whether having a child taught solely by a TA at home constitutes a "suitable education" under the Education Act for a child out of school?

Usually, LAs provide tuition. Our LA wants to send a TA for the next 3 months while they "assess" DS further. He has a statement and complex needs but can't cope with school.

racetothebottom Mon 16-Sep-13 21:34:04

OMG. Utterly awful and traumatising.

claw2 Mon 16-Sep-13 21:39:31

It was Race! then when they can find no fault with your parenting and you and your solicitor make complaints about SS and LA conduct and SS/LA realise what a balls up they made of the whole thing and that needs are actually with the child, not the parents. All of SS records 'disappear', including all assessments from their system and history is rewritten!

racetothebottom Mon 16-Sep-13 22:00:05

I am so sorry you had to suffer that.

Nigel1 Mon 16-Sep-13 23:08:35

Its s19 EA96.
He is entitled to be taught by a teacher.
It looks like the LA is hiding behind the school keeping him on roll. The LA is probably trying to get the funding to pay for the tutor from the school. If all are saying that he should be taught at home that must be recognition that MS sch is not appropriate and he needs a different environment. Home Ed is is not an option here due to the circumstances in that you have not chosen it.
Check out the local independent schools and make noises to place the child there. That may change the current views.
On the face of it the child is having his right to education denied to him. The child would therefore be entitled to Legal Help/Aid to correct the failure of the LA to educate him. You would act as his litigation friend. Go through the Legal Aid Agency and seek advice from Maxwell Gillet for Judicial Review against the LA. Nothing like a JR to make the LA see some sense. Not perfect but helpful.
Hope this helps.

racetothebottom Mon 16-Sep-13 23:45:19

Thanks. That's really helpful. But this TA 'package' came in response to a pre-action protocol letter!

They are determined to do nothing unless forced so we will have to take JR.

There were no suitable local schools but one has said they may be able to assess now. Not sure if it is the right option for DS but the sum for this school makes tutor time seem like peanuts.

claw2 Tue 17-Sep-13 07:14:36

Seems like involving SS Race, is becoming standard response in some LA's. Im quite shocked that SS can be used like this and allow themselves to.

Anyhow I wish you the best of luck.

racetothebottom Tue 17-Sep-13 07:28:34

Yes I am not sure why these services allow themselves to be played like this. Disgraceful.

JustGettingOnWithIt Tue 17-Sep-13 12:07:45

Race I'm really sorry, I've realised my pm didn't go through. I've resent it.

Re cost of provision, if they name a school purely on any school must be better than an individualised package, rather than why this one can meet needs better, don't forget it's not only them that can argue it's an unnaceptable use of funds.

Claw I don’t think it’s becoming, it has been standard response in some places for many years. It generally works too. Only a few come through thoroughly battle scared but no case to answer.

I’m cautious of the repercussions of speaking out too much because I had years of what you went through, but because I'm visibly disabled and come from a disastrous childhood, I’m an easy target for having those things used to turn the spotlight away from my dc’s needs, onto the parent and paint a different picture of why a parent says their dc can't get an education in the school provided, or why the child’s needs are the way they are, rather than as a result of the condition they have. It's an old game.

It is very painful to be subjected to, but judges generally see through it if you can keep your head and your dignity and your child’s needs to the fore regardless and doesn't leave people looking like they genuinely had the child's needs at heart if they use this without honest grounds.

Why do SS allow themselves to be abused? Because they operate on ‘no smoke without fire’ theories, a desperate need to back cover should something later happen to any child ‘now known to them’, and rarely acknowledge to parents even when they want to*, that ‘professional colleagues’ at all sorts of levels, routinely abuse their positions to cover up situations, and that they are on the receiving end.

*I’m always reminded of the unspoken conspiracy of silence between adulterous men and the male population as a whole even when they don’t approve.

It's very difficult. I've seen both sides of this but the worse thing for genuine child protection is when an emergency SS/CP inquiry is called for as a silencing tactic, minuted, and then not followed up (or poorly investigated and swiftly closed) because SS know or suspect they're just being used as a stick to beat a parent with. I was of course grateful that they didn’t bother pursuing that one, but, how did they know that my accusers weren't finally right? I hadn’t finally snapped under the years of accusations and strain, or become too disabled to cope, when they didn’t respond?

That’s the dangerous situation ‘professionals’ abusing the CP system to cover up situations, mis management, and malpractise, or discredit parents for other reasons, helped create, and that’s the bigger disgrace IMO.

racetothebottom Tue 17-Sep-13 12:35:10

Thanks - have PM'd you!

JustGettingOnWithIt Tue 17-Sep-13 14:11:29

have responded, hope it helps.

racetothebottom Wed 25-Sep-13 20:07:31

This has all got so complicated.

LA still not put anything in place.

School still not agreed anything with LA.

DS still without provision.

Threatened judicial review by end of week if not address it so LA will doubtless now try and strong arm school. But we will still be considering question of TA.

Because we weren't concerned with suitability as much of the absence of any provision in the last few weeks, I had forgotten to check out the guidance.

It is here and I think it is very much suggestive of a teacher rather than TA being out in place to provide tuition

It tooks of an education equivalent to what the child would have at school, it talks of teachers and teaching.

This is statutory guidance which means it must be followed unless there is a very good reason not to follow it.

The LA are playing games with the school and us.

Anyone any experience of this?

racetothebottom Wed 25-Sep-13 20:10:52

Should be "it talks of"

racetothebottom Thu 26-Sep-13 06:48:09


bochead Fri 04-Oct-13 03:50:54


claw2 Fri 04-Oct-13 09:12:24

Apparently LA don't receive any funding for providing home tutors. It comes from school budget. Have you tried asking school to pay for your tutor?

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