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I can't believe I fell for this s**t - advice please?

(62 Posts)
BuffySENsational Mon 06-Jun-16 20:48:27

It's a bit long and complicated but here goes...
So family relocate to new LA oldest child has a statement after SA for Aspergers,ADHD,Tourette's and others. Placed in a maintained special boarding school life is great again until we move. New LA don't notify me. Bombard me with info so I ask independent advisory service (parent partnership) to advise me and then. Well child is placed from a school for children with Autism and complex learning and emotional needs to a medical alternate provision against my wishes. Told couldn't go back to old school as had to choose a school from local offer. 85 or so weeks later LA decide to do an AR and lo and behold my child should be trailed back into mainstream from this alternate medical provision. School placement has disintegrated and am waiting for the EWO to visit anytime after tomorrow. I have only got through to IPSEA at end of Mar and am now waiting for my proposed amended statement which they will send me "in a few weeks" or so they wrote 4 weeks ago lucky me!!! I can't JR them I don't think until they have actually made a decision and I can't appeal until they amend the statement. I do t qualify for legal aid. I can't work. I don't know what I'm doing and to top it all the nasty feckers have just informed me that they intend to transfer him to ECHP by next July. I have CFS and processing difficulty when stressed so I was a lamb to slaughter until after the AR now I will only communicate through letters or emails. Anyhoo that's the gist of it and my first thread starts breathing and repeats confused

enterthedragon Mon 06-Jun-16 21:39:43

Have answered your pm with a couple of questions. I didn't want to ask the questions on here for obvious reasons. wink

enterthedragon Mon 06-Jun-16 21:45:59

Was the breakdown of placement the medical provision or a mainstream school?

BuffySENsational Mon 06-Jun-16 22:00:53

Placement breakdown was medical alternate provision will read pm can't find folder on phone ffs I'm useless grin

enterthedragon Mon 06-Jun-16 22:48:14

In that case why do they think that a mainstream school will be any better?

Why/how did the placement break down?

BuffySENsational Mon 06-Jun-16 23:09:22

its complicated but he wasn't well a couple of weeks ago and overheard me talking to SOSSEN advisor and now refuses to go back. I fully support him as his old school (maintained special boarding) is still named on his statement and they can only change when they amend (90 weeks since last AR) his statement which of course they wont do as they have just informed me they will transfer him to ECHP later this year. I am desperately hoping I can JR to get ds sent back to old school but I'm not hopeful. I cant appeal until they finalise the AR and at the AR they and school claimed my ds has no needs despite a statement and about 30 pages of appendances and medical evidence attached...... I'm hoping I cant be prosecuted for non attendance because he should still be registered at his old school. But I cant find any information online.....

BuffySENsational Mon 06-Jun-16 23:11:14

I should add when we moved here and LA admitted (verbally) they had no suitable provision I asked for ds to go back but they said "you have to choose a school from our local offer" and my independent advisor didn't advise otherwise and I believed them... How stupid am I?

AugustaFinkNottle Tue 07-Jun-16 00:37:09

After you moved, the new LA was supposed to consider the statement and inform you whether they intended to adopt it or carry out a review and amend it. If they didn't amend it it stayed in force and your DS should have stayed at his old school. If they have now formally told you they're going to amend it, I think there are time limits but I can't remember what they are - but look up the old (2001) code of practice and it should tell you. In the meantime, the old statement is in force and theoretically you probably could threaten them with JR to get him back at the boarding school; but the trouble is that they'd then discover they can complete the amendment so much more quickly that they thought, and would issue a new one naming somewhere else. However, at least that would give you a right of appeal.

If you would qualify for legal aid I suggest you get solicitors on board tomorrow. Tell them that you want Maxwell Gillott, they're the better of the two organisations offering legal aid.

BuffySENsational Tue 07-Jun-16 09:23:50

Thanks Augusta you are correct they also didn't carry out an AR last year (his last was Apr 2014) I have sent some paperwork to SOSSEN but I haven't heard anything as yet. I don't qualify for legal aid. I need someone to go through it all step by step but I can't seem to find anyone. The old SEN COP is my new best friend but I just don't understand parts of it. I'm going to spend today trying to get through to the helpline today. I also have a meeting with my MP next week but I can't imagine it will help....

enterthedragon Tue 07-Jun-16 22:38:51

Which parts don't you understand?

BuffySENsational Tue 07-Jun-16 22:46:39

I get the basics just not how the LA procedures fit in them. When I made a complaint I bodged it up completely because I just cant make sense of it all. Like the transport my child should get it but the panel decided he didn't qualify even though the SEN COPS did. I'm constantly playing catch up and they are always two steps ahead of me confused

enterthedragon Wed 08-Jun-16 08:06:13

Many LAs have changed their transport policies within the last couple of years, some kids that did qualify don't anymore and some LAs seem to have become confused by their own policies as well as by the SEND COP.

AugustaFinkNottle Wed 08-Jun-16 15:58:47

But, given that the basic law on transport hasn't changed, a number of the spiffy new transport policies are illegal.

BuffySENsational Wed 08-Jun-16 19:38:06

I'm just guessing but I think most la transport policies are a bit iffy....

claw12 Wed 08-Jun-16 23:04:26

Hi again buffy, criteria for transport is clear

www.gov.uk/free-school-transport

BuffySENsational Wed 08-Jun-16 23:46:34

Hi again claw yes I can see it's clear unfortunately my la don't see it that way. In fact I'm convinced my la really just don't give a fuck fig about any laws. I'm not convinced they care about there own policies either. But I'm certain they really don't care about vulnerable children angry

claw12 Thu 09-Jun-16 00:00:27

I think most LA's try it on! Most are more concerned with protecting their budgets.

When I asked for transport, I was told it would have to go to 'panel' to decide if Ds met the criteria! Replied quoting their own criteria from their website and how Ds met their criteria, the law and how no panels were involved! Ds had transport on the Monday!

BuffySENsational Thu 09-Jun-16 08:26:01

claw I imagine your la groan every time you reply grin I need to tackle my la policies it's something I really struggle with understanding them. I am about to respond to their latest ridiculously unlawful response to me. I only asked when they were actually planning on beginning ds1 needs assessment prior to transfer of Statement to ECHP. I also pointed out that the la can't "just transfer his statements to an ECHP without a needs assessment because that would be unlawful"... You'd think I'd asked them personally to surrender all worldly possessions and take their own life! If it were not for the fact that ds1 is suffering I'd almost enjoy these exchanges. My la hate that I can't have any meetings (remember they accused me of aggressive) with them or school as they now have to write to me about everything. Which is funny because prior to this AR they only wrote to me three times. To tell me the panels decision on school placement (unsurprisingly a unanimous decision), that my child would benefit from such a placement and then to invite me to this AR!!! Since AR the letters and emails are stacking up and I really think they thought I was bluffing- I'm hoping for some really interesting contents of ds1 file if I ever get a friggen copy grin
Is your ds enjoying his new school now?

BuffySENsational Thu 09-Jun-16 08:26:45

claw I imagine your la groan every time you reply grin I need to tackle my la policies it's something I really struggle with understanding them. I am about to respond to their latest ridiculously unlawful response to me. I only asked when they were actually planning on beginning ds1 needs assessment prior to transfer of Statement to ECHP. I also pointed out that the la can't "just transfer his statements to an ECHP without a needs assessment because that would be unlawful"... You'd think I'd asked them personally to surrender all worldly possessions and take their own life! If it were not for the fact that ds1 is suffering I'd almost enjoy these exchanges. My la hate that I can't have any meetings (remember they accused me of aggressive) with them or school as they now have to write to me about everything. Which is funny because prior to this AR they only wrote to me three times. To tell me the panels decision on school placement (unsurprisingly a unanimous decision), that my child would benefit from such a placement and then to invite me to this AR!!! Since AR the letters and emails are stacking up and I really think they thought I was bluffing- I'm hoping for some really interesting contents of ds1 file if I ever get a friggen copy grin
Is your ds enjoying his new school now?

AugustaFinkNottle Thu 09-Jun-16 09:38:17

Buffy, if your LA is claiming it doesn't have to do a needs assessment, could you contact the SEN team at the Department of Education and tell them about it? There are so many LAs doing this while the DfE sticks its collective fingers in its ears and ignores it, I really think it needs to be reported to them every time it happens.

BuffySENsational Thu 09-Jun-16 10:10:48

Hi Augusta I have read about that on another thread yes I can do that but who exactly at DofE do I complain or write to? In my case I genuinely believe they had no intention of doing a needs assessment and are positively pissed annoyed that I am going to make them. All be it eventually! From what info I have gathered locally it seems to be common practice in my la...

AugustaFinkNottle Thu 09-Jun-16 13:11:20

PMing you, Buffy.

claw12 Thu 09-Jun-16 22:53:36

Buffy I'm sure my LA and school groan all the time!! I don't care! Well I do, I try to retain good relations, pick my battles etc. But I'm not in it to win friends, I'm all about getting what my son needs.

My Ds will never 'enjoy' or 'like' school. No school is ever perfect. It's more a case of him tolerating it, IF they can meet his needs.

As Augusta says above

DigestiveBiscuit Fri 10-Jun-16 08:33:12

By the way, Maxwell Gilott is going to be known under the name of Simpson Miller in future - had a letter from them recently, as an ex client.

DigestiveBiscuit Fri 10-Jun-16 08:34:36

Sorry, Simpson Millar.

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