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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To feel like I’m fighting a losing battle with school?

28 replies

Glittercandle · 10/01/2020 11:20

My DS has multiple SEN including ASD. He’s in year 7 (mainstream school) and has an EHCP detailing the support he needs.

His school aren’t following his plan. The SENCO has admitted they aren’t following it and can’t/won’t due to lack of funding - he also stated that’s it’s the same for all the children with EHCPs in the school. The school feel this is acceptable and have admitted that the next few years are about keeping DS ‘ok’ and he will get the support he needs in college as they have more funding - school is basically a crèche for children like DS not a learning establishment which helps them to reach their potential.

I have stated that I’m not happy and I plan to keep on chasing them making sure DS get what he needs and what his EHCP states. However I feel that it’s a losing battle as the school have been so open about the fact they don’t follow the EHCPs.
AIBU to keep fighting even though I know the school really don’t want to help beyond a certain point? DS is ok and actually happier than expected but academically he isn’t getting the support he needs.

OP posts:
Galleyfm · 10/01/2020 14:30

To start you off if you need it. Section 37(2) CFA 2014 says specifying needs, outcomes and provision. Paragraph 9.69 of the CoP says section f of the ehc must be detailed, specific and normally quantified for e.g. in terms of type, hours and frequency of support. If the la cite CoP 9.69 saying that in some cases flexibility is needed to meet changing needs of the child then say that this isn't intended to be universal and primarily relates to highly Specialist schools only in some cases and this is very low in the list of priorities for section f(fifth).

Provision in section f should meet all needs in section b CoP 9.68-9.69

Galleyfm · 10/01/2020 14:40

Sorry my messages seem so garbled at times..predictive text. Just read your reply after posting CoP cfa. Just be aware that once the la have agreed to amend (assuming they will) there isn't a straight forward time limit for the final to be issued so they could in theory (not saying they will) drag it out then leave you with a woolly ehcp that you then have to tribunal with anyway. One of the plus points to reassessment is that you can use existing reports (may need updating regardless for tribunal) and you can request assessments in other areas that you may not have already paid for e.g. Sensory, ot etc so could save you some money. Also there is a set timeframe they need to follow just like the initial assessment so you have more authority to push if they are dragging their heels. You still get the right to go to tribunal if after the reassessment it's still woolly. Think about giving ipsea or sensos a call for some proper advice. I'm always a little cautious of sendiass as many (not all) are funded via the la and often have too many families to provide fantastic service to all.

Glittercandle · 10/01/2020 19:22

Thanks again galley that’s all really helpful.

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