Education is the right of every child

[Cheeseandolivesplease]

What should be done when this isn't the case? Perhaps when parents/carers don't support this right?
I've been in education (SEND Specialism) for well over twenty years and I still don't have the answers.
I am not referring to those parents with whom I absolutely emphasise - those parents that are trying their absolute best to get their child to school/a place of learning and I fully appreciate that mainstream isn't the right place for all learners.
But what about those who really don't try to facilitate any form of learning at the detriment of their child?
I wish I had the answers to make this right 😕

So?

If they are done by someone else that means a hell of a lot has had to fail horrifically first. No LEA will put in place EOTAS otherwise, legally they cant.

For better or worse, if family are involved they will have hac the first hard experience of that education failing horrifically.

But you still come back to the problem much education in the country is demonstatably failing anyway. Thats if you even know what its aims are, which is even more confused by SEN.

Much intervention isn't really well evidence based. For it to be evidence based you have to be able to measure it against a defined goal. We don't even know what the purpose of education is.

Intervention that is incredibly basic (and free) is not universal practice.

Not overly surprising that parents don't overly see the point when they see if failing more often than suceeding

I'd say my sil fits your op

She actively seems to making sure the kids don't reach their potential. I think it's because she wants an excuse not to work (to stay at home with them), and to claim DLA.

It's really shocking.

I do also think she may have some sort of Munchausens by proxy because a lot of it seems like projection and wanting the kids not to be in school: oh, you're too anxious, etc etc.

@canuckup That's so difficult for the children. Are the family getting any support to help with things?

Thats not the case in my sons speclal school

The have a total communicstion approach and each child is encouaged to to communicate in ways that are effective for them
Be that speech , signalong , Acc devices , picture boards .

It should do, but literally thousands of children (even those with EHCPs that parents have fought hard for) are not being provided with a suitable education.
You teaching a handful of children doesn't mean all children are provided with an education.

I don't know a single send family that have been given section 19 or eotas without a huge fight or tribunal. And I know a lot.

In our area there aren't enough school places for everyone so the SN kids / least desirable kids for schools which are run like businesses end up out of education. In theory the LA is supposed to provide but it doesn't in our area without a Tribunal normally which takes a long time and needs evidence to win. The LA evidence always says there is no need so parents have to pay out thousands. Also I know parents who have been threatened with £2k fines for non-attendance of anxious child and don't have £2k. The easiest way to stop that is to claim to be home educating. There's no mental health support unless child attempts suicide. There's no acknowledgement of bullying in schools. There's no incentive for schools to help these children. The LA here don't answer the phone, don't reply to e-mails, don't send the permission to appeal with EHCPs with zero consequences.

No Mum wants to give up work to look after an anxious child or see their child anxious, its totally deluded. There is a culture of parent blame and claiming LA / schools /camhs are perfect when they are failing a whole generation of SN kids. You clearly have not had a child in this situation.

While this is legally the case. It isn’t happening for many children. Mine included.

Same.

The OP is straw-manning.

It's unpleasant.

@Waybackwhen2018 See other posters on here.

@Myheadisgoingtoexplodeagain What have your LA said or done?

@RudolphTheReindeer Conversely, I do.

Thing is, once a school says they can't meet needs, the child can't go back there. So unless a new school says they can meet needs, the child is locked out of education, whether suitable or not. Ask me how I know.

OP, there are many parents who would ask why the education system is failing so many children to the point that children are being harmed and neglected while at school - why isn't this highlighted by you?

I have 2 DSs with comprehensive EOTAS/EOTIS packages. There’s no way I would let anyone with the attitude OP is displaying to work with them. I am grateful the staff working with them do not have the same views.

I think it's because she wants an excuse not to work (to stay at home with them), and to claim DLA.

DLA is not based on whether a child is meeting their potential or not.

which takes a long time and needs evidence to win. The LA evidence always says there is no need so parents have to pay out thousands.

There’s still a wait, but when DC are not attending school, you can request the hearing is expedited on the basis DC is out of school.

If independent assessments are required for appealing the EHCP and parents can’t afford them, they should check if they are eligible for legal aid. Legal aid, or rather legal help for appeals to SENDIST, can fund independent assessments if necessary. If they aren’t eligible for legal aid, they should look at charity funding. It is also possible to request SENDIST direct the LA to seek advice and information from people. It is possible to be successful without paying thousands.

If the LA fails to issue decision letters so you can appeal, you can force them to, including via JR if necessary. You can also request SENDIST accepts an appeal without; although it was more common for it to be allowed in the past.

Similarly, section 19 provision isn’t via Tribunal. The route to enforce s19 provision is via JR if necessary.

State schools can’t permanently exclude just because they can’t meet needs.

With an EHCP, unless the school is wholly independent, the school can still be named even if they say they can’t meet needs.

Why is this your biggest problem? Why not be concerned about all the children who aren't getting access to the kind of education you're saying the state will provide? And what planet are you on where you think it is the norm for struggling children to be offered equine therapy instead of going to school?

I can't see this happening if I'm honest.

They don't just hand out AP. Parents have to fight tooth and nail for it.

The bigger problem is LAs washing their hands of children and failing to offer suitable AP.

@Notabarbie Many of the children I work with who have a comprehensive EOTAS package have access to equine therapy. And it is absolutely brilliant.

LA have eventually approved my section 19 request but as my child is on roll at a school the funding is issued through her ECHP and direct to the school. The school have done nothing, they agreed with a provision I found and then changed their mind as it’s not on the approved council list. School have previously used this provision and other schools in the LA regularly use it. There isn’t a provision suitable for my child on the approved list. Yes, I have emailed the director of childrens sevices many times, anyone else in the council I can think including using the council’s official complaints procedure, complained to headteacher and chair of governors and I’m going down the legal route but I have been warned that this make take over a year.

My child has just started 2 hours of AP a week which we’re self funding and we can’t afford to pay for any more.

I agree with you in that the LA should do more in so many cases @Myheadisgoingtoexplodeagain. I guess they would argue they are overwhelmed?
In the meantime, and I know it's not ideal, but is temporarily homeschooling an option until something is arranged?

You absolutely shouldn’t have to and JR takes time but it is unlikely to take over a year.

The LA is ultimately responsible for ensuring CSA DC unable to attend still receive a suitable full-time education. Being on the roll of a school &/or having an EHCP doesn’t change that.

As LAs have been shown time and again, lack of staffing, resources &/or funding is not a lawful excuse.

I would not recommend EHE, even temporarily. If you do that, you relieve the LA of their duty to provide education. There is no incentive for the LA to provide a more suitable school placement or if it is inappropriate for provision to be made in a school, EOTAS/EOTIS. It is easier for professionals to sweep DC’s needs under the carpet.

They can’t be that comprehensive if they rely on the parents to facilitate the provision. A good package wouldn’t do that because, legally, the LA is responsible and cannot compel parents to organise, facilitate or deliver it.

@scoopofmintchocchipicecream I totally get that. But if I was able to and it was appropriate, I would home ed until something was put in place as that would be my preference over my child being at home but not learning. I know it's not ideal, but to me it would be the preferred option.