Email from school that I probably wasn't supposed to see - f**king livid!

[FidgetyFingers]

I requested a copy of DS2's (secondary) school record when he left there a few months ago. He has quite severe SN, NHS paediatrician diagnosed with his assessments taking place at this school.

Enclosed in the paperwork was an email from his form tutor, his form tutor for 4 years, to the inclusion manager, stating that I had been on the phone to her as I was very unhappy about detentions 'again' for minor transgressions in the scheme of things and 'that I expected special treatment for my son due to his 'SN'.

DS has severe learning difficulties with several other co morbid difficulties and never should have been in mainstream school anyway but there was no choice as I couldn't get him an EHCP.

I am so fucking angry as this proves they never took his SN seriously at all which they proved in the way they treated him!

I also found a copy of an email from said inclusion manager to all his teachers outlining DS's behaviour plan and stating that if he failed to get enough points, he would be excluded.

Same woman sat across from me in a meeting with the Board of Governors insisting that I must have been mistaken when I said that she'd told me this on the phone.

I am absolutely disgusted that such people exist and are in authority of vulnerable children .

AIBU?

thedogatemypants

Banding refers to a policy that a local authority (LA) has put together to dish out “top-up” resources for SEND from its education funding pots – normally from the pot known as the High Needs Block.

Three ‘elements’ make up SEND funding in mainstream. In theory, the first two ‘elements’ are supposed to be enough to meet most pupils’ special educational needs. If the school needs more resources than this, then they can request a third element – a ‘top-up’ - from the LA’s High Needs Block.

Specialist SEND provision normally gets some or all of its initial wedge of funding straight out of the High Needs Block. If they need more – and most do - then they get extra ‘top-up’ funding, again out of the High Needs Block.

This ‘top-up’ funding isn’t just for children who have an EHCP – schools can also apply for it for pupils on SEN support.

The LA then has to work out how it’s going to allocate its ‘top-up’ funding, usually consulting a local ‘schools forum’ in the process. And this is where the banding comes in.

Some LAs allocate their ‘top-up’ funding based on the individual needs of a pupil, and what provision is required to meet the individual pupil’s need. These LAs don’t use banding (or at least, they aren’t admitting to it).

Most LAs though allocate ‘top-up’ funds according to criteria that they’ve designed themselves. Usually, the LA will look at each case, run it through their in-house criteria, and they then dole out ‘top-up’ funding based on these criteria, using a set of bands or points that vary in financial value.

In theory, the higher the need, the higher the band, and the higher the value of the top-up funding that flows from the LA. So Band 1 might be worth £2,000, Band 2 might be worth £5,000, Band 3 might be worth £7,500, and so on.

While children can get 1:1 support from delegated funding, the problem is that parents and the child have no rights! If the school or the confederation of local schools decided next week, not to fund the support for your child, you would have no right to insist on it; except by requesting assessment for an EHC plan, and you may ultimately have to appeal to the SEN Tribunal.

If however, the child has an EHC plan with 1:1 support hours, specified in it, and the school/LA decide not to provide it; then the child gets legal aid (assuming they have no assets nor income except their benefits) and they can seek judicial review against the LA, who have a statutory duty to provide what is in the EHC plan. If the child’s needs change, then the parents can seek an amendment to the EHC plan, and again appeal to the Tribunal if its refused. With delegated funding, if the parents seek an increase, there is no right of appeal in law, except by requesting an assessment for an EHC plan as above.

Delegated funding was invented to give the LAs a way of depriving children and parents their rights in law, through statements/EHC plans.

TheDog, HNF isn't a national initiative: some LAs have chosen to set up a system whereby schools can apply for extra funding for children with LA, and they sell it on the basis that it's more flexible than the EHCP process and means funds can be accessed more quickly. The downside is that it's totally discretionary and usually has to be reviewed and reapplied for regularly, so it could be reduced or taken away at any time and the parent would have no right of redress other than to apply for an EHCP. Also there is nothing that gives enforceable support in the same way as an EHCP, and there may well not have been a thorough assessment of the child so important needs may continue to go unaddressed. Significantly, a number of councils who set up these systems are retreating from them or cutting them down because they found there was much more demand than they anticipated.

Exactly as others have said above, although banding isn’t illegal, the LA’s can decrease their banding whenever or keep it the same, even though the cost of interventions might rise over the years.

Although nothing stopping schools for applying for higher needs funding, while awaiting EHCP process!

Pengggwyn, I think you might find it helpful to look up the definition of "entitled" before slinging accusations around. Are you assuming that I'm one of those pesky parents of a child with SN in school who inconveniently expects staff employed by the school to help to ensure it complies with its duty to meet my child's SN? If so you need to re-examine your assumptions and prejudices.

I find it saddening that you claim to want to help children yet are not prepared even to take the very minor uncontroversial step of referring their parents to SENDIASS or the Local Offer. You couldn't possibly be lawfully disciplined for doing that. You presumably have a pastoral role, but your definition of it seems to be very limited. And if your posts on here and your attitude to Allington are symptomatic of your attitude generally to parents who ask that schools meet their children's needs, I really am quite worried for their children.

Yes, we access funds from this 'higher needs' pot via the LA.

The school has to put forward a detailed proposal saying what they spend money on (prove they spend 6k) and what they want extra money for (up to 2.5k) - then money - if approved, which takes some time - is granted for a year.

Our most recent request they granted some but not all of the request.

So for example - SSSEN not granted as 'child must be 2 years behind in all key areas' (which I think is pretty pants - they are failing already by that point surely?)

I have never seen any clear guidelines on how they decide and its on my list of questions for SENCO for Sept (I'm sure she loves me!)

I think DS has needed SSSEN for at least a year, plus and new Ed Psych report. I hate to hassle staff at school, but I me and DH have to advocate for DS (age 8), that's our job as parents. Sadly school staff don't seem to like that, and find it challenging. Not a great deal I can do about their attitudes but plough on and aim for the best I can for DS (along with the daily reading, maths, OT, eye exercises, extra washing, appointments an hour away for the NHS teams who work with him to assess his problems, reading and forums to keep up with helpful ideas, and so on). This isn't a poor me, I know plenty of folk who have it worse. Just saying that parents can and do put in a lot of effort that is largely unseen work.

So when school appear to be uncooperative and unforthcoming, it does rather make me grind my teeth.

That’s rubbish! Apply for an EHCP assessment yourself. The legal criteria threshold is quite low ie MAY have SEN and MAY require provision.

www.ipsea.org.uk/asking-for-an-ehc-needs-assessment

“The school and the LA say she will not qualify for a EHC needs assessment unless we demonstrate the school have spent £6,000 worth of SEN provision on her. We have tried to challenge this but the school say this is the LA’s policy and it must be followed.

You can request an EHC needs assessment yourself and should do so. There is a model letter to help you do this which can be found here. As set out on our page about asking for an EHC needs assessment, under the law the local authority (“LA”) must carry out a EHC needs assessment if a child has or may have SEN and it may be necessary for the LA to make special educational provision for the child by making an education, health and care (“EHC”) plan. Once you send in the request the LA must respond to it within 6 weeks.

Despite the low threshold of the legal test for assessment, many LAs operate policies which set the threshold higher than the law. Common examples include policies which require a report from an educational psychologist or other professional, or requiring the parent or school to demonstrate that a particular sum of money (often £6,000) has already been spent on the child’s SEN provision. These are unlawful requirements

Schools do not often know the law surrounding this area so often believe the LA’s policy ‘trumps’ when it does not”

I think we must be extraordinarily fortunate. My youngest’s school have led at every stage. They have provided incredible support from Reception onwards. We were told other schools would have excluded my child in year R, but instead they’ve put brilliant support in place, to the point where violence simply doesn’t occur in school any longer. Their approach and practice should be a model for how to support children with SEN through mainstream inclusion. If you put appropriate reasonable adjustments in place, and work WITH parents, you can make all the difference in the world to children with SEN.
Schools are woefully underfunded and staff are under enormous pressures, my child’s school is no different. But it shows what can be done with an experienced, first-rate SENCO and incredibly committed staff. The school saved my child’s access to education.

Largely thanks to the school, and their incredible commitment, we now have an EHCP in place, so support is protected.
But it shouldn’t be a lottery or lucky choice at 4, that you happen to have chosen a school with a great SEN set up. And it was luck - at the time we had no idea that our child had ASD and other disabilities. It shouldn’t be luck of the draw - all children who need it should receive this support.

Out of interest, what happens if the parents, for whatever reason won't or can't apply for an EHCP, or won't appeal the LA decision? Can the school apply or appeal on the child's behalf, potentially against the parents' wishes but in order to secure funding for the child?

I've got a reputation in school - I believe it's as one of the kindest, most supportive parents you could hope to get - but that I'm also very on the ball with my child's needs, and not under any illusions about my other child and how wearing (I won't use challenging as she's not one of those kids who'll throw chairs around - she'll just talk you to death) my other child can be to have in a class. I am utterly fine with that - and I'm actually one of the parents that teachers were WANTING to get in their classes for this coming year (heard this from a couple of sources in the staffroom) and disappointed when they didn't get me!

As for "entitled" as an insult here... statement of fact really - these children are "entitled" to an education appropriate to their needs - so why is that being viewed as some earth-withering insult designed to reduce parents to quivering wrecks?! Same as the much-beloved MN "ooooh so you're that parent are you" one that gets thrown around. Yes, if I need to be I will play the "that parent" routine - I'd prefer to not have to do that, and I'd much rather work WITH school than against them (and I know the class teachers view me as anything BUT a nightmare parent - which is why it makes me giggle when someone tries to throw it out on here).

Mind you, as a young teacher - I really didn't quite "get" the reality for SN parents - I'd do what was required on the paperwork (back in the dark days it was IEPs still), and I'd do what seemed like common sense if it was going to help kids - but no, I really didn't get how fucked off you can get sitting in appointment after appointment being talked down to, getting report after report laying your child's difficulties down in very impersonal black and white and how that can knock you down for days even when it's stuff that you already bloody know in reality anyway and how you can feel that you need to psych yourself up for every single meeting prepared to have to battle for almost every single letter on provision planning to be put there. Like I say - no wonder some SN parents DO fall into the pattern of going in on a fighting foot and come across as stroppy or adversarial from the outset when they've been doing that for years and years and years - and yes, there's the terror of letting things slip - if some stated provision doesn't happen one week because of the Christmas play... are school going to start assuming it's skippable every single week? Best get in there and make sure they know that you're going to be on their case and make sure it does huh? I get it now - and I understand how it can feel like just another added layer of the endless "stuff to get done" that lands on top of you time and time again as a teacher and feel like another whining parent coming at you over something utterly trivial... but even if you're dealing with the most annoying child in the world or a child with SN that might make them "inconvenient" to deal with at times - they're still someone's much-loved child and if you can't get your head around that and keep that in mind then working with kids really isn't the right place for you to be.

Arthuritis school applies for an EHCP in our case (admittedly with our full support). It meant that they led on the evidence as they as do much of it, and had enough time to collate it, rather than unused applying and then having to provide the evidence in the short statutory timeframe.
The parent forms are very stressful. They are so open-ended. DH and I are both experienced in writing reports, etc, but we found them very daunting. There is independent support out there to help parents with the application, and also charities who can help. If the parents applying are vulnerable themselves, it’s easy to see how their applications would falter, unfortunately. As ever, it’s sometimes the families who must need the help who cannot access it.

Most need not must need.

Arthur no schools cannot appeal. However they can certainly help and support the parent to do so. It’s a minefield for parents, hopefully any school SENCO should help parents with appeals.

By saying you cannot meet needs, in theory you are saying find another school who can, unless needs are meet.

Interesting. Must say I have been put off by reading that EHCPs are often declined (and or worded in a vague way) then parents have to go through lengthy, time consuming legal battle. Sounds like climbing mountains. I'm really not sure I am up to it tbh (long term health condition).

I can see that despite the things school does, he is falling further and further behind. It hugely worries me, as I can't see how he will be able to cope with levels at secondary /take GCSEs.

There is progress but its micro steps compared to where his peers are. School seem very relaxed about it all, HT said 'oh most children catch up, its just a blip' (actually this isn't evidence based at all - Save the Children did UK research to say that if you are behind age 7, something like 85% never catch up to their peers).

His delay in literacy has been since age of 5 and before - that's despite being read to/sung to every day since babyhood.

He couldn't have been born into a more bookish household.

Maybe I will have to bite the bullet though. School are adamant he is making progress but very much not forthcoming with details on assessments and stats as to how much (despite being asked)!!

Something else to keep my finger on this coming year.

@5000KallaxHoles

Well put

Guienne

I have already told you: it isn't minor or uncontroversial. It is outside my remit and would get me into trouble. There is a person whose role it is to liaise with parents with regards to care plans. That person is the SENCO, and I have to go through them. I am not sure why this is so difficult for you to grasp, but in your total refusal to listen to me and your insistence that I have to do things that, no, actually, I don't have to do, yes, you are coming across as entitled.

5000KallaxHoles - you have it spot on in all yours posts on this thread.

Progress is adequate progress ie in line with peers. Progress also includes social, emotional, communication, sensory or any barrier to learning, not just academics.

My son has an EHCP and has always been above average academically.

5000KallaxHoles

'Entitled' in this context, obviously, means 'behaving as though you are entitled when you are not'. I know that children with SN have certain rights. I am happy to do whatever I can to make sure those rights are fulfilled, within the parameters of my role. I am not happy to do whatever anybody suggests I have to do, whether or not their suggestions are within or outside those parameters. Giving legal advice and making referrals isn't my job. Anybody who insists I have to do this because they have decided I do is being inappropriately entitled.

He couldn't have been born into a more bookish household.

Sometimes you just get the shit end of the developmental stick. DD2 couldn't be in a more language-rich household - her sister's speech was so good so early that the staff at the children's centre would stop work to hear the stuff she was coming out with and how clearly spoken she was (and the then-resident-there) speech therapists came out for a quick marvel too on occasions.

Her sister... massive massive speech articulation problems.

Loads of motor skill activities, gross and fine around in the house for them to do... one child has really really severe dyspraxia.

I've done the blame/questioning/did I cause it route and concluded that sometimes there's a parenting factor in problems... and quite a lot of the time it's just that for whatever undetermined reason (the child that has the problems in my kids is NOT the premature one) someone gets hit with the crap end of the stick.

And when there is nothing positive in every report, although DD has made progress, she's at the lower end of where she should be but well within the mainstream range... in four years they haven't been able to find a single positive thing to say!

KissTheTeapot do apply. Provide as much evidence as you can with the application - paediatrician, OT, SALT, etc reports. Close down any arguments they might make against agreeing in your application. If they don’t agree to assess, appeal the decision. In our area, a significant number are turned down and agreed on appeal.
For what it’s worth, my child is not behind their peers at all - just not achieving their potential and only able to engage with a small portion of the school day. And we were given an EHCP without appeal.