School Complaint

[Taraohara]

What happens if a complaint about a school is upheld by the governors and then the school continues to act as it did previously?

Am ibu to think governors can’t do anything other than uphold complaint they can’t actually enforce change?

Having been through similar issues with enforcement of EHCP myself, if your child is still quite young then I’d look at moving schools of possible.

This is the only part of my life where I’m quite defeatist. The schools/heads that refuse to enforce or action an EHCP are so morally bankrupt, that no amount of pushing or shaming or attempt at enforcement seems to work. It seems to be that but worse in our borough if the school is an academy. They have no fear of the DFE or the LA at all, in my experience.

@theWarOnPeace

I agree with you

It’s so annoying as for months school were saying they could meet needs .

I just don’t understand why they didn’t acknowledge they could not not. They even tried to refuse an emergency review!

I just get the impression they know they can take support away going through the complaint process is no bother to them

What support are they not providing?

@Lookingsparkly

Sorry I don’t want to list it all here as identifying

But essentially it’s support documented in the Ehcp that everyone agreed he needs

The school don’t dispute they have not been providing it

Just opps oversight

That’s all they say

So are they planning to provide it now? The most positive outcome would be your child getting the support. So it is possible to approach this not as a complaint and instead ask them to address how they are going to provide the support?

Are they failing to action the support detailed in section F of the plan? Sendiass are very helpful and will guide you.

If it’s not in section F then contact SEN team at the council and request an urgent review and try to get it into section F. As I understand it this is the only legally enforceable part of the plan.

Is the support detailed and quantifiable?

In all honesty I’d also be looking for a new school whilst doing the EHCP review with the name of getting new school named in it.

Good luck x

I'm surprised you haven't heard of or had to involve IPSEA or Sendiass etc., but they will be able to support you to get this pinned down.

are you saying your child has an EHCP but doesn't get the provision specified and quantified in the EHCP?

In that case, a complaint to the governors is not the right avenue.

legally, the local authority who issued the EHCP is responsible for the delivery of its contents, not the school.

You need to complain to the LA.

Will dig out the IPSEA link. there is also a model letter for the complaint.

this link explains the legalities and there is. model letter to complain.

www.ipsea.org.uk/complaining-when-the-provision-in-an-ehc-plan-is-not-being-made-model-letter-6

@Lookingsparkly

I did try to resolve it before putting in s complaint

I asked in writing 3 times why they had removed support

No reply from either head teacher

So I put in s complaint and was told it was an oversight

@Mintylizzy9

Yes the support is very quantifiable

And thank you fir the links

I will use that

But just don’t understand why the governors have not interest

I think it’s not helpful that the governs are mostly parents with kids at school so
Don’t want to upset the head

Write to Ofsted and ask them to make a note for the purposes of their next inspection of the school.

In the meantime, write to the local authority detailing what has not been happening, point out that it is their duty under section 42 Children and Families Act 2014 to secure the support in question, and ask them to confirm to you within a week the steps they are taking to ensure that it is in place. Warn them that, if they don't, you will have to take judicial review proceedings to enforce your child's rights.

www.sossen.org.uk/admin/resources/website-jr.pdf

Email your caseworker (or whatever they call themselves) at the LA, they are responsible for ensuring that the provision outlined in the EHCP is delivered by the school, ipsea or SOS!SEN are both great websites for advice on what schools and the LEA must do with regards to the law.

@1DoesNot

I did . She just said she’s sent it on to person who deals with complaints. Heard nothing from them that was about 2 weeks ago . I do feel like school and LA really give no shits

It’s so frustrating that it’s such hard work to just get thr entitlement in place

@ibanez0815 Thank you for reposing the link to IPSEA that I gave this morning.
It's good to know that other people have found them useful the more times their name is mentioned to better as far as I'm concerned.
I've worked with them from both sides of the table and found them invaluable.

If you threaten judicial review, that should wake up the caseworker: it's much quicker than using the complaints system.