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private school with full statement-but will LA pay for TA?

(61 Posts)
Lesley25 Thu 10-Oct-13 16:03:25

I'm in a fortunate position where my mother has come into money as my nan passed away. Mainstream is failing my dd because of the class sizes. The private school not far from us has a max of 8 in a class.
But would the lea pay for a TA in the private setting?
I have a full school statement for 32.5 hours 1:1 for my dd.
Anyone know if this is possible?

muchadoaboutsomething Sun 13-Oct-13 13:24:55

He can, but I am concerned that the la will say they won't provide the 1-1 funding in private when they would in state. He will definitely qualify for help because of his cp, but the equality act really fails in this instance, as the law currently is if you have a statement and that provides the hours, if the school is also private they should pay the fees if it is the appropriate school. Technically there is no basis to split. My la always did but are very concerned about the changes to the law on medical (rather than educational provision). Oh well will wait and see.

Lesley25 Sun 13-Oct-13 07:02:28

Hi bunnybb- is that an independent school (open to all NT children) - or an independent special school. And can i ask if the LA also pay the SLT,OT 1:1 support straight to the independent school?
Also did you have to go through an appeal process to get this?

AcrylicPlexiglass Sat 12-Oct-13 22:14:57

Good luck in your search for a good special school, Lesley. Split placement sounds like a great idea.

Why can't your son go to the private school you would choose for him, muchado? I don't understand.

bunnybb Sat 12-Oct-13 21:53:26

my DS has recently started in an indie school with full statement, and full funding for support and SLT and OT- we pay for fees. It can be done provided you negotiate with LA and prove that state mainstream cannot meet your child's needs.

Lesley25 Sat 12-Oct-13 20:53:43

No worries wet, I valued your insight into the indie ms if my
DC's ASD got worse. I'd never thought about that point till then.

wetaugust Sat 12-Oct-13 20:37:17

Sorry folks - didn't mean to mislead. Had always thought that the LA had no duty to maintain a Statement if the parent voluntarily transferred to indie mainstream. It seems I was wrong.

Lesley25 Sat 12-Oct-13 07:36:38

Excellent idea eatyourveg.

eatyourveg Fri 11-Oct-13 21:05:11

Have you considered a split placement? ds2 was in a special school and integrated into our local RC primary for afternoon a week in YR that went up to two afternoons in Y1 and 2 but reverted to one afternoon when in Y3 when the curriculum got too much, he carried on until Y6 and I'm so grateful the ms head suggested it when I wasn't sure which way to go. The statement had both schools on it.

Start out with the full time specialist input and add the mainstream on a gradual basis as and when ready, far better for the dc's self confidence too. Wouldn't have worked for ds3 but it was ideal for ds2 and I'm so glad the ms head suggested it when I was in two minds which way to go after his split nursery placement

Lesley25 Fri 11-Oct-13 20:37:08

Thanks ladies, I have to be honest, what does scare me is the age and severity of my DC's autism and if this does get worse -then pulling her out of private school to start the whole Mainstream process would just too soul destroying for our family.

I'm now going to start researching special schools in our area- private or LA funded and view each of them. I think my funds with a solicitor are best placed getting her into a ss should that be deemed necessary.

I'm really aware that a lot of the posts reiterate the same theme - about mainstream failing their children once they move into year 3 ,and beyond. A lot of special schools seem to take from age 8 onwards so we have time...unless her MS primary throw her out that is...sad

MadameSin Fri 11-Oct-13 19:40:10

Lesley hven't read all of thread but ... yes, it is possible to have LEA fund statment in private school. I know parents who have achieved this, but not without one hell of a fight. Lots of evidence needed that it would be the only school that could meet needs etc etc ...

muchadoaboutsomething Fri 11-Oct-13 16:38:54

you see I really struggle with this. DS is unusual in that his needs are physical not educational. He will be disabled wherever he is but large groups physically knock him over/ignore him. I want a school with small rooms not just small class sizes.

The school I want has a high percentage of disabled children but they all had medical hours.

I really struggle with the fact that because DS has a disability affecting his ability to walk he can't go to the private school I would chose for him. It's his legs which are the issue.

Nanny01 Fri 11-Oct-13 16:16:00

We've been in this position. Ds spent his time from yr 1 to yr 7 in a private prep. Till yr 4 things were ok. Some teachers really went above and beyond for ds. Then his peer group started to outstrip him academically and developmentally. With hindsight we would have used money to push for a full statement instead and ds should have gone to a specialist school from the beginning.

Like others have said private schools tend to either ignore the special needs kids or get rid of them. My ds got refused from one school. Many parents never get a diagnosis as they know that their child won't even get into the school. DS's school coursed us into dropping his statement on accepting him into the school. Wind on a few years later we had to go though the whole process again, this time with all an ot,salt and ed psyc.

The sad thing that happened over time was ds got left out of things. Now in his current school he is amongst his equals. We don't have to explain to the teachers how to help ds and he is taught in a group of 5.

I feel it's highly unlikely you'll get funding for a 1-1 in the situation. You want it. I would say save yourself heartache and go for a decent set of professionals to get the statement you want.

muchadoaboutsomething Fri 11-Oct-13 13:53:04

I am in the same boat. I want to send ds to an independent private school. He has 25 hours 1-1 at nursery. We would have been given medical hours last year in my county, but now need a statement as the rules have changed which we are applying for. I have no idea what will happen next. Ds is bright but disabled and we just want the money he'd have for his 1-1 in the state system in the private school.

cestlavielife Fri 11-Oct-13 13:46:02

yes you can have statement provision eg one to one provided by LEA but within independent school setitng.
jsut arrange to meet with LEA oficer an explain that you will fund the school fees, but you want LEA to fund what is in the statement. so long as the independent school happy with this too.

had this for dd in early years (she later didnt need the support so withdrew statement) and also currently a friend has this exact situation with a child with recognized syndrome - attending indep school paid for by parents but full time LSA funded by LEA under her statement .

eatyourveg Fri 11-Oct-13 12:38:33

Private schools are no longer allowed to charge for some types of support, so all those who are paying through their noses should check the legislation - its quite complex and there are several get out clauses but worth seeing if you qualify under the new requirements . See here for a general synopsis

eatyourveg Fri 11-Oct-13 12:16:32

TOWIELA* that was me (only jst logged on) ds is in a mainstream independent school - the LA has a duty to make sure he receives appropriate education, however there is no duty on the LA to actually provide it themselves (thats the same with any child statemented or not). There is no duty on the private school to provide what is set out in the statement as part 4 names another school so in effect it holds no weight and I couldn't challenge the school if they weren't giving him the provision set out in the statement. (That is why it is really important for the OP to have the private school on board before she enrols her dd - my school is fab in that they will follow the statement) The LA's duty to ensure ds receives appropriate education is just the same as it would be if he was HE but they don't seem to be so keen to check up on HE dc.

1996 Education Act as amended by SENDA 2001 Part IV Chapter 1 section 324 (5) (a) (i) (ii) is where it says you can have a statement but the parents decide the provision relinquishing the LA of their duty to arrange it - it would also come under the bit in the COP that WetAugust mentioned yesterday. The COP itself isn't legally binding the law just says providers should have "regard to the code"

The LA officer comes along to the reviews to make sure he's getting what they deemed he needs, our particular LA officer covers all the private mainstream schools on my side of the county. By ceasing to maintain the statement the LA would effectively be saying ds no longer has any of the needs set out in part 2 and 3. that would be ludicrous. Statements only lapse when dc move from school onto college and then the students have an LDA which contains much of the same information but without the legal status the statement affords. Its worked for us, ds is now in Y11 and the school have always been more than happy to accommodate him. I wouldn't have considered it had they not been so welcoming as they could easily just turn around and decide not to bother.

buss Fri 11-Oct-13 11:37:39

Message withdrawn at poster's request.

TOWIELA Fri 11-Oct-13 10:43:12

To be fair (not that I remotely want to be fair!) my dd was picked up in year 1 in the state system and same LA. She was totally supported on SA+ throughout primary. But then at secondary, all support was dropped. This was in the days before the Internet (and mumsnet!) so, as I didnt know better, I accepted it. The "system" kicked back in again when she went to FE and my LA were very good - but then as she was a young adult, she came under another part if the "system", not the lying school department of SEN in my LA

MadameDefarge Fri 11-Oct-13 10:31:15

INdeed starllight. my ds' dyspraxia was not picked up at all at state primary, even though he was on action plus. How many pointless IEPs I had to sit through with his targets focussed on him improving his handwriting by 'trying harder'. In fact he was bullied by his teacher for his slow handwriting. poor little sod.

StarlightMcKenzie Fri 11-Oct-13 10:12:28

'If he had been in the state system, it would have been picked up much much earlier and he would have been in the "system" from a younger age.'

This. See, I just don't believe this. Not in a school in your LA. They are brainwashed trained by the LA and would have denied needs and insisted things were okay for as long as they could get away with it too.

It is farily usual for schools all over the country to deny need until around year 3. The biggest flow of children from mainstream to special schools occurs in years 3 and 4, mainly imo because the children are not small enough for teachers to be able to wield their power over them any longer, not because they ever coped particularly up until that age.

MadameDefarge Fri 11-Oct-13 09:58:39

I see what you mean!

TOWIELA Fri 11-Oct-13 09:50:52

Star, the only regrets I have is that I didn't swing everything into action years and years earlier and that I believed the indie mainstream school when they repeated to me year after year that "they could handle it". The final few meetings I had with them (year 3) when, by then, it had all gone pear-shaped but they hadn't told me it had, were unbelievable. If he had been in the state system, it would have been picked up much much earlier and he would have been in the "system" from a younger age.

With regards to the LA, yes, their behaviour would have been the same state or private because of exactly who the LA is.

StarlightMcKenzie Fri 11-Oct-13 09:35:02

'Lesley - I have been told by an indie EP that if my DS had been in a state school, the severity of his needs would have been identified years ago and he would have had a Statement and fully supported by the time he was in year 1. Instead, he is now year 5 and only has just got a Statement after a massive fight with my LA.'

TOWIELA I understand it was an Indie EP that made this claim but I honestly doubt it is true of your LA. The behaviour of your private school is no different to a number of state schools that I know of and supported in this behaviour by an LA determined be obstructive I really don't think your outcome would have been any different. I think you needn't have regrets about this, at least not in the context of where you live.

TOWIELA Fri 11-Oct-13 09:11:39

There was someone on this board (can't remember who tho) who was doing precisely as lougle quotes from the SEN CoP. Their child had a Statement in a private school, the parents funded all the fees & provision and the LA just turned up for Annual Reviews. So the Statement was maintained but at no cost to the LA.

lougle Fri 11-Oct-13 09:09:02

Madame, I don't think they will fund the extra support. However, I don't think that's what 8:97 implies.

I think the Statement would show that support as needed, but the parents would need to fund the support because they've elected to fund her education.

I was just quoting the SEN CoP para which shows that a statement must still be maintained, in answer to those who queried if it would be ceased on those grounds.

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