Are SEN case workers to be trusted?

It would be nice if schools, county councils and case workers remembered this.

Often families are fighting for other provision too.

But that goes both ways and statistically it’s blatantly clear that when talking talking about attempts on lives it’s far far more likely to be children and families dealing with SEN and fighting for an education. When you throw ND into the mix the numbers are even more stark. Case workers can walk away from a job they don’t like parents and children can’t walk away from a fight for an education.

Yes our LA agreed EOTAS straight away and then issued an EHCP that was completely useless so put in an appeal. I was asking for a modest package, LA wouldn't agree any providers going so far as to refuse a Textiles tutor and asking an equine therapy service if they could teach d Textiles instead. They wasted the whole wait for Tribunal pulling such stunts making no assessments gathering no evidence.
I had independent assessments made.
2 weeks before hearing when somebody, Tribunal head honcho was supposedly dealing with my appeal,must have looked at the evidence and realised they had messed up they asked for an adjournment. I had had enough by then and secured an advocate (Sean Bowers fantastic!) who fought off the adjournment pointing out we had waited 10 months by then and it wasn't our fault LA had sat on the appeal for 9 and a half months.
LA then ended up conceding to a package costing £40k more than the one they had refused and subsequently paid me just over £10k in recompense for making no provision during wait for Tribunal.
They used the wait for Tribunal as a money saving measure not for any other reason. D was 20 by the time of Tribunal they could have funded the modest package until she was 25 now they have funded the extensive package for 2 years for more that that. Of course because LA still haven't discovered a way for her and all the others with EOTAS packages to sit external exams then the packages are running without any end in sight. More money in our LA won't change a thing when such incompetence abounds.

Oh for god's sake. What would happen if all the caseworkers left their jobs. That would help the situation?
You don't have access to the people in power who make national policies and set funding. So you are kicking off at the only people you have access to because they are front line, even though thet can't change these big issues.

It's bullying and the fact that you are a SEND parent (as am I) doesn't mean you can mistreat people and still take the high ground.

@SomethingInnocuousForNow sorry you are struggled to find providers. If you did want/need the other provision (and it is still in F), it is the LA’s responsibility to ensure it is provided. I hope you still have things like professional time, equipment/tech, resources/subscriptions/memberships, a budget for things like accessing the community, etc. It is very rare for LAs to agree to comprehensive EOTAS packages these days without an appeal - even if they concede part way through.

Omg, EOTAS has been the bane of my life for last few years. Actually got my LA to agree to a comprehensive EOTAS package (pretty much everything I asked for) and then it just kept falling through due to provider issues. Over and over again. I ended up asking to go back to standard tuition, therapies, AP because although still provider problems at least the package doesn't keep imploding.

The original question in this thread has been a bit lost.
It was whether caseworkers are trustworthy people.
The discussion has understandably broadened to look at a range of wider issues in the very broken SEND system. However this is being conflated with individual caseworkers who are not in control of these huge national issues.

I know of a caseworker who took their own life earlier this year. We all know if the headteacher who took hers last year. Please remember that these are people you are talking about.

@lavenderlou i should explain further. Many have to appeal because even if the LA agrees to EOTAS/EOTIS (and they often don’t), it is likely B&F will be inadequate. This is incredibly important for EOTAS/EOTIS where the provision making up the package must be detailed, specified and quantified in F.

Thankfully no new safety valve agreements can come into place under the new government. Those that are in place need to be ended. But again this is an example of it being a systemic issue. The caseworkers are not entering into safety valve agreements, this is done at government level.

Breach of statutory timescales is unlawful behaviour. Demand is not a get out of jail card. That is why enforcement action works.

@lavenderlou Too many LAs think a good EOTAS package includes a bit of tuition and maybe a small amount of time at an AP, with maybe some therapies thrown in if they are feeling generous. It isn’t. That would be an incredibly poor package. A good, comprehensive EOTAS package is not the cheap or easy option. LAs do not like comprehensive EOTAS packages because they are very expensive.

Obviously, parents shouldn’t have to if the LA was following the law in the first place.

@CleverButScatty, I assume your employers are not subject to a safety valve agreement. But have you seen what they entail, and what LAS in SVAs are doing to comply with them? If you don't believe that requires caseworkers to break the law regularly you are, with the greatest respect, being very naive.

I can only comment on what I have experienced and seen. As can you.

There are significant delays beyond statutory timescales everywhere, yes this is not remaining compliant with statutory duty. This is not thee same as individuals 'lawbreaking'.
There are not enough special school places and the actual numbers of children with SEND is increasing. An increase in right wing rhetoric over the Tories time in power has emboldened those with ableist attitudes to be less accommodating of children with SEND in mainstream schools. This has caused a perfect storm and is causing the demand/capacity issues hence the breaches in compliance with timescales. Getting angry with individuals who are attempting to work within this is what is naiive.

Suggesting that there is some underhand practice that needs whistleblowing rather than system overhauls to address to current issues is simplistic, naiive and to be honest a bit click-baity.

The breaches in timescales are because of demand exceeding capacity not 'evil, law breaking caseworkers'.

What is the rate of success of appeals in your local authority? How are you doing with LGSCO complaints?

https://www.specialneedsjungle.com/send-is-an-existential-threat-to-las-financial-sustainability-junking-the-send-tribunal-is-part-of-the-answer-claims-new-report/

For a comprehensive EOTAS/EOTIS package they will probably have to appeal once they have the right to appeal, anyway.

Why would this need to go to appeal? My DC has an EP report recommending majority EOTAS and the LA are trying to fudge the wording of the EOTAS part so they dont have to pay for it. Why do I need to waste my DC's precious time taking it to appeal when it clearly should be written into the EHCP in the first place?

You are incredibly naive and have no understanding of SEN law if you genuinely think LAs are acting legally and truthfully.

Seriously, when they are breaking statutory deadlines, don't bother with the complaints system. Move straight to threatening judicial review, it's much more effective much more quickly. sossen.org.uk/whats-judicial-review/

Who is they? Who are we? You don't speak for me as a SEND parent and you don't describe what I see the the LA I work for.

Describe your own experience by all means but don't try and speak for others.

They are. We know they are. Or if not directly, then they know that the higher ups are. And it needs to be reported. If they are ignoring all the lying and law breaking, then they are complicit.

In the hypothetical situation that any of our caseworkers were asked to do this, I am sure they would. As would I in my role.

Exactly. If I was a caseworker I would be following whistleblowing policy every time I was forced by the high ups to break law. Or lie. Or any other misdemeanor.

I suspect not, I suspect it’s more widespread. They don’t want to be contacted by parents.

Re EPs they don’t even take state EP reports if not done by the same council. My DD’s was done by one EP in one state school in the same county but had to be redone by another EP who worked for the same council.😳Both state and both same county. So we had an EP pulled out of retirement doing it over the phone to meet the deadline. It’s madness.

@Agenoria A lot. With both hats on.

Which LA has suggested there should be no right of appeal? Could you link to this?