Are SEN case workers to be trusted?

I'm paraphrasing. And it's bullshit.
I used to be the SENCO of a maintained special school, and I have sat in tribunals as a witness explaining all of the ways in which it would be detrimental to the others to admit another child, or that particular child with their needs and it was ignored. Some judges were good. Others just on an ego trip.

Refusing to admit kids if it takes you over PAN id not lawful. Refusing and spelling out the circumstances at your school as to why it would be detrimental is lawful, but tribunals do frequently ignore this.

That’s not the law. Case law demonstrates that it doesn’t matter if another child’s education is affected. It rests on whether the education of That child in That class is incompatible with the effective education of others.

The tribunal ignore the fact that schools have too many kids for that not to affect the education of others (or something do, they are very inconsistent). The LA can't , they have to manage their resources properly and if the tribunal throws a couple of curve calls absorb that. You can't absorb 50 odd curve balls into a year group of 60. It's another example of what a flaw d system it is.

The tribunal ignore the fact that schools have too many kids for that not to affect the education of others (or something do, they are very inconsistent). The LA can't , they have to manage their resources properly and if the tribunal throws a couple of curve calls absorb that. You can't absorb 50 odd curve balls into a year group of 60. It's another example of what a flaw d system it is.

Err, no I didn’t. I made it in response to you posting “nobody can make this achievable in the current climate.”

That sentence of you posted was at the end of this paragraph

“I am so sick of the phrase 'breaking the law'. It's like sticking your fingers in your ears and shouting 'la la la'. If a caseworker is meant to issue a plan on 1 June and they don't get the EP report until August what can they do? If the EP can write 3 reports a week and but 10 need to be done this week to be in timescale what can they do? They will probably work late and rush and get an extra couple done but are still behind and the quality might dip a bit too. The LA advertise for locum and addition EPS but there aren't enough qualified in the UK to fill the vacancies. To stamp your feet and say 'it’s the law' is factually correct, but nobody can make this achievable in the current climate.”

If the point of incompatibility was reached then others would not have been successful at Tribunal. If more would have been successful then incompatibility could not be shown in their case and the LA should have named the placement.

And again....

Legal timeframe is a legal requirement but most parents wouldn't care too much if what they received at the end was a truthful and well written document.

Illegally denying children the necessary provision is my biggest gripe. Using the delay tactics so parents have to waste months waiting for tribunal so they can save a few months paying for provision. This is a WELL KNOWN tactic used by LAs.

And I'm not talking about caseworkers leaving! A consistent caseworker ignoring contact for 6 months over the key stage transfer period is not just 'not good'. It ended up being catastrophic for that YP.

No. It's the narrative you have created to explain th delays, or shortfalls in performance. Honestly, who goes into a job in education and starts playing games like that.

I'm not saying the delays and shortcomings you describe didn't happen, I am saying his idea you have of caseworkers amusing themselves with games and tactic is fanciful.

You’re unbelievable. Just because you haven’t experienced it doesn’t mean it doesn’t happen!

This is what is deluded. I have worked for 2 LAs, been a SENCO at a school in a 3rd and a special school teacher in a fourth.

This idea of 'tactics' and purposeful delays are just made up. And this so the kind of bullying language that is unacceptable.

You must get have got a faster response when you complained or appealed or whatever, because you will have jumped to the front of the queue. Not an ideal situation but understandable.

The idea of caseworkers deliberately delaying things (for what reason you claim, I am unsure, but as part of some 'tactical game').

This is what is childish. It is a significantly overburdened system and nobody has the time or headspace to play fucking games.

But there are umpteen social media groups out here where people tell each other these things until they believe them.

Use your bloody intelligence.

You might have meant it in relation to timescales, but you included the comment with discussion of admissions which is SENDIST remit.
And as you bloody well know, if 3 over PAN had been admitted, then next 2 or 3 of the other 40 odd would have gone to tribunal.
What you are saying works, for supporting one child or a small caseload as an advocate, and food one you. Those few families will really benefit from that. Doesn't help all the others and especially not the poor buggers in care that I work with.

Just because that is what happens in your LA doesn’t make it lawful. If 3 could be admitted without reaching the legal threshold for incompatibility then that should have happened without the LA originally acting unlawfully and forcing parents to appeal.

When I was talking of enforcement action, I was talking about JR, not SENDIST. That is taking enforcement action. The comment I was replying to was about LAs not adhering to the timescales. That is dealt with via way of JR, not appealing to SENDIST. You seem confused about the processes.

This is what is deluded. I have worked for 2 LAs, been a SENCO at a school in a 3rd and a special school teacher in a fourth.

This idea of 'tactics' and purposeful delays are just made up. And this so the kind of bullying language that is unacceptable.

You must get have got a faster response when you complained or appealed or whatever, because you will have jumped to the front of the queue. Not an ideal situation but understandable.

The idea of caseworkers deliberately delaying things (for what reason you claim, I am unsure, but as part of some 'tactical game').

This is what is childish. It is a significantly overburdened system and nobody has the time or headspace to play fucking games.

But there are umpteen social media groups out here where people tell each other these things until they believe them.

Use your bloody intelligence.

This is what is deluded. I have worked for 2 LAs, been a SENCO at a school in a 3rd and a special school teacher in a fourth.

This idea of 'tactics' and purposeful delays are just made up. And this so the kind of bullying language that is unacceptable.

You must get have got a faster response when you complained or appealed or whatever, because you will have jumped to the front of the queue. Not an ideal situation but understandable.

The idea of caseworkers deliberately delaying things (for what reason you claim, I am unsure, but as part of some 'tactical game').

This is what is childish. It is a significantly overburdened system and nobody has the time or headspace to play fucking games.

But there are umpteen social media groups out here where people tell each other these things until they believe them.

Use your bloody intelligence.

And again....

Legal timeframe is a legal requirement but most parents wouldn't care too much if what they received at the end was a truthful and well written document.

Illegally denying children the necessary provision is my biggest gripe. Using the delay tactics so parents have to waste months waiting for tribunal so they can save a few months paying for provision. This is a WELL KNOWN tactic used by LAs.

And I'm not talking about caseworkers leaving! A consistent caseworker ignoring contact for 6 months over the key stage transfer period is not just 'not good'. It ended up being catastrophic for that YP.

Sometimes I agree with tribunal decision I have seen, some are shocking. Whatever. It doesn't change the fact that there are far more people wanting special school places than there are places or funds to pay for them.
The fact that a few outliers for places through tribunal doesn't t increase that for all the others.
I'm not saying these right. Just that it's the system we are working in.

Ah you know every I have been through with my kids, from a couple of sentences on a Mumsnet post.

Nope I have been thought all sorts over me at years. I don't think it gives me a free pass to take my frustrations out on individuals.

Can you please give some examples of when I have done these things?

I will remind you that the thread is asking about the personal trustworthiness of SEND caseworkers, I have pointed out repeatedly that they system is failing a lot of people, but my point is that this is not because of character flaws caseworkers. And that name-calling them and abusing them out of frustration with the failings of the system is unacceptable.

Being a frustrated SEND parent doesn't absolve is from being decent people.

Then that’s the point at which the argument “incompatible with the effective education of others” comes in.

But the point is that the Tribunal will direct the LA to apply the law. If the LA was following the law in the first place then they wouldn’t be at tribunal, would they?

But what seems to happen is that specialist or independent specialist (ie section 41) only get named after the parents have appealed. The LA kick it into the long grass. It absolutely is not the case that the tribunal is there to make a decision, it’s there to ensure that the LA makes the right one, and that nuance appears to be missing from your understanding of it from your posts.