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school not delivering provision set out in Part 3 of statement

(7 Posts)
Fiveyears Mon 01-Dec-14 22:18:49

My DS is in Y7 and got a statement in Y6 - he has ASD (Aspergers). Part 3 of the statement is quite prescriptive and contains a substantial set of provisions to be put in place to meet the objectives set out.

He attends a school that has an outstanding reputation for special needs and, while he achieves well academically, the statement reflects the behavioural difficulties he has stemming from his autism (including meltdowns in class, refusal to work, a high level of perfectionism that sometimes leaves him unable to start or complete tasks through fear of failure).

My worry is that the school, despite its reputation, is not making all of the necessary provision and, where he is failing to cope in class, they are using standard sanctions i.e. detentions to address this. I believe this also includes sanctions against issues clearly arising from his disability such as tapping (stimming) when he isn't coping.

I would really appreciate some advice about how to move this forward with the school. We want a good and positive relationship with the school but at the moment we have daily phone calls to tell us about behavioural issues, may of which we attribute to his ASD, but which the school see as defiance or refusal to cooperate. Please, any advice much appreciated.

jollybigbaubles Mon 01-Dec-14 22:51:59

Maybe next time you get a phone call ask for an appointment with the Senco to discuss the statement provision? You shouldn't be getting daily phone calls about behaviour if they have not implemented the statement provision angry.

I had a similar experience with a school that was apparently 'gold standard' and a 'Centre of Excellence' for managing children with SN's hmm. They however failed to implement most of the sm and then excluded after saying that they had tried everything and that exclusion was a 'last resort'. A tribunal judge later found that their failure to provide what was in Part 3 of the statement constituted a failure to make reasonable adjustments. This was just a part of their multiple acts of discrimination against my child.

Have a meeting and go through the statement checking what they are implementing. If they say they are doing exactly what is in the statement then it clearly isn't working so say that you will contact the LA to request an emergency review of the statement to get the right provision to meet your ds's needs. That may help focus their minds on what they should be doing.

jollybigbaubles Mon 01-Dec-14 22:54:08

I have found that some schools seem to glance at the statement once and then never look at it again so it may be that they've simply taken their eye off the ball a bit. A gentle reminder should hopefully do the trick. Good luck.

Icimoi Mon 01-Dec-14 23:24:34

I agree, have a meeting urgently and note down carefully everything the SENCO tells you about what they are doing to implement every element of part 3. If she says they haven't implemented something "yet", pin her down to say when it will be implemented. Afterwards, email her with a copy of your typed-up notes and, if she admits that they haven't put everything in place, ask whether the school needs more resources from the LA to make it happen. Remind her that it isn't a choice, your child is entitled by law to everything in Part 3.

Re the detentions, point out to her that punishing a child for the effects of disability is disability discrimination and ask her what he is going to do to ensure there is no repetition.

If all that doesn't work, write to the LA pointing out that it is their duty to ensure part 3 is implemented and asking them to ensure that it is to avoid the need for judicial review action

And if that doesn't work, go to solicitors with a legal aid contract in education law to get a formal pre-action letter sent to the LA.

Fiveyears Tue 02-Dec-14 08:41:10

Thank you to all of you who have replied and the advice you have given. I can't tell you how much it means to me as I have got really distressed by it and dread my mobile ringing.

Jolly I agree, they have probably not really looked at the provision set out in the statement and seem to be adopting a one size fits all approach. I have created a table with an objectives column, a provision column and then a column for our comments which I have filled in and which I am going to ask the school to fill in. Having been through all of the provision with a fine tooth comb it seems there are enormous gaps. I have suggested to the school that the reasonable adjustment they are expected to make is in the statement but it fell on deaf ears so I will reinforce that point again because it is a good one.

Ici I appreciate your clarification on the detentions being discrimination and I will raise that with them. At the IEP meeting we had yesterday the school did provide a minute taker because the minutes from the first IEP meeting were so woeful, but my husband also took notes and we have asked for the minutes so that we can confirm their accuracy.

I am going to ask for a further meeting to go through the Part 3. I am really worried and stressed as DS loves school but his experience seems to be developing into a vicious circle of sanctions and detentions without his needs being met.

uggerthebugger Tue 02-Dec-14 09:54:43

Everything jolly & ici said - and make sure there's a written record of all correspondence. Also, ask them to give you written details of the detentions and other sanctions he's had thus far (when, how long for, and why), and going forward.

Hopefully it won't be necessary, but if you have to escalate this it's good to have a written record - there are schools out there who doctor their behavioural data in cases like this.

BTW, where did the school get its 'outstanding' reputation for SEN? Parents, the LA, or Ofsted?

Fiveyears Tue 02-Dec-14 11:39:41

thanks ugger, good point re the record of detentions and sanctions and reasoning behind them.

The school has 'outstanding' from Ofsted in the last two years and does have a very good reputation among parents for being inclusive. At the moment though I get a sense that the "this is how we do it' approach is overriding a step back to look at DS's individual needs against the provision in his statement and tackle it from that as opposed to a behavioural perspective. Having said that I am surprised I am at this point so new into the first term...and I am really upset about it. Thank you so much for your help Ugger.

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