Aibu to think this is a big fucking joke?

[TheBigEasterBunny]

DS has been out of primary school now for 6 months with anxiety. DS has autism. All kids are entitled by law to full time education. I’m really keen to get him back in school and have tried everything.

All I hear about is obstacle after obstacle from the council, if indeed they even contact me at all.

Latest is that a panel needs to review. Another special form needs to be completed by the school SENCO for that panel. Local parents are commenting online that there is then a waiting list for these medical education services.

On my taxpayers money, as a single parent, while I pay for a private tutor to come and see DS. It’s a massive fucking joke.

All these services are blaming parents for not getting their kids in school. Meanwhile councils are a bureaucratic nightmare who are denying rights to vulnerable children. If I as a middle class, educated mum, cannot sort this, then what hope does any more vulnerable child have?

In many cases it doesn’t save money in the long term. For many, the longer the child is out of education the more provision they need in the long term. The more they need to spend on expensive specialist independents, more therapies are needed and even longer term the more likely the child is to need care potentially into adulthood.

For example, for many the LA save on immediate costs but if support had been provided sooner a placement costing e.g. £15k may be appropriate long term, but left longer a specialist independent costing £80-100k+ may be needed for many years to come. They may also require more SALT, OT, MH therapies, social care support… So, a short term saving often costs a lot more in the longer term.

LAs spend a fortune on representation to defend indefensible cases. Birmingham is one such case. An independent review found they spent more than £10m fighting appeals between 2014-2021. They are not unique.

BTW I wasn’t talking about EHCP provision like you were. I was talking about provision under s.19 of the Education Act 1996.

it’s a hard slog but keep going, keep emails and send emails back clarifying what the last response from LA was. Demand emergency review of ehcp, LA should start providing eotas tuition, and if you can go on any IPSEA, SOSSEN courses or days. Most parents of SEND children can run a whole legal case by the time they are through but meeting others in same boat is empowering and supportive and you get to know common LA delaying tricks.
You need files and a lawyer’s mindset 💐

Your poor boy.

I understand that because he has an EHCP, ultimately it's the LA's job to provide his education rather than the school's. However, if he is still on roll the school will be getting a load of extra money for him and it sounds like they are not spending a penny of it on him.

Why are school not paying for a tutor out of his EHCP funding, as an interim measure? They must have some obligation if he is still on roll surely, especially if they get extra funding for him.

I have massive respect for you doing all this as a single parent - it pretty much broke DH and I when we did it together.

School have now decided to do some work online. We’re talking a 40 minute zoom conference. They actually cut it off at the 40 minute point then so that it’s free under 40 minutes.

Frankly I don’t have the cash either to go down the judicial review route. I would have in the past but have had to take a massive pay drop to manage my current responsibilities. A chocolate teapot would be more useful than the ex.

It will be a massive uphill struggle now to get him back into a more normal routine. He is on the spectrum and closes his door and goes into his room. I just cannot deliver what he needs on top of doing my full time job. I cannot even go to my office now because he is constantly here and I’m not prepared to leave him at his age at home for very long. He is intelligent. The whole thing is frustrating.

https://www.gov.uk/government/news/transformational-reform-begins-for-children-and-young-people-with-send
this might be useful to read. It sets out what would be happening (i think)

You need an ECHP basically

my son missed education for 3 years and now has a tutor (he’s now 15)
Same issue

I’ve stopped being angry as it wasn’t helping my mental health , and I didn’t know who to be angry with in the end

you can self apply for ECHP

hang on jn there and don’t worry if they miss some education for a while , I had to accept it

there are worse things than missing education - and they will come back into the world 🌎

look after yourself

My friend is going through this, every stage is made more and more difficult. because she complained it then takes even longer to sort, the council do it on purpose to save money, as the fine is cheaper than putting the child back into school.

Also parents dont have the money to go down the legal route, so give up, the process is too difficult, stressful etc so give in.

Its the same as many processes in the government, they make it as difficult as possible so more people just cant go on.

My sympathies OP, I hope you manage it

40mins is not a full time education, so you can still proceed with the enforcement action. Often threat of JR is enough so it is worth at least trying that. If that doesn’t work and you aren’t eligible for help via legal aid SOSSEN are reasonably priced for a pre-action letter and it would be worth cutting back on the private tutor you are paying for to be able to afford it as you will save money in the long run.

Why are school not paying for a tutor out of his EHCP funding, as an interim measure? They must have some obligation if he is still on roll surely, especially if they get extra funding for him.

It is the LA rather than the school with the duty to provide education for those unable to attend school.

Judicial review is free cos technically the child takes the LA to court. It’s not about the money but about getting a resolution. Get your local councillor/s onboard, and the SEN support group in your area.
I’m a naice middle class single parent and the whole thing v nearly broke me - DC out for a year, such a deterioration that there was a question as to whether the new SEN school would accept them. I went part-time, used extra unpaid days that I think are legal right due to disability.
The LA will lie, will delay, will try to fob you off even more than they have done already.
Have you got PIP/DLA for your DS?
I have told LEA officers that they are lying - in words that to be honest they were too thick to understand - they were and I had proof from notes taken at meetings. I screamed at them that if schooling wasn’t fixed then my DC would cost more in future. I refused to have particular case workers because they had lied.
I ended up as a voluntary support worker for my local SEND support group and went into meetings to support parents who were being lied to/ condescended to by the same LA and various schools but we had some great victories ie got children the support and school that worked for them.

You have to be that parent x100% and while it’s not the council worker’s fault individually you have to show that you are not playing the game they are being made to play and get your child/your case to the panel and to the head of the dept.
Yes there are structural issues ie statutory duties that are underfunded by central government but your child has one stab at education. There are good people in the system but for their own sanity they have to compromise themselves while quietly cheering the pushy parents on.
And finally LAs have tutors and your child is entitled to a minimum (not v large) number of hours of teaching. They come to your house and are bloody brilliant at coaxing kids out of bedrooms.

Once you get to JR proceedings themselves it is in the child’s name so DC can be eligible for legal aid in their own right, but the first stage of sending a pre-action letter isn’t in DC’s name, so unless the parent qualifies themselves they need to pay for a pre-action letter.

Oh and I have the SOSSEN fundraising tea towel - it’s printed with a selection of piss poor excuses LAs have given for not following statutory guidance. I suspect they are even worse now. They were fantastic - courses/workshops cost but v well worth it. My DC is about to finish uni - at times I didn’t think we’d be seeing a 16th birthday - and has become a v strong advocate for getting the support needed and proving that she has lots and lots to contribute to the world.

The school will have employed a 1:1 with his money. They won’t have it sitting there all unspent.

You need to cut through the noise. That requires two things. The first is to send a pre-action protocol letter regarding the LA not meeting it's legal duty to provide an appropriate full time education. The second is to request an emergency annual review and then go to tribunal in order to make his plan fit for purpose. The letter might cost in the region of £400 plus vat from SOSSEN from memory. SoSSEN or IPSEA might agree to provide free representation. There are also charities that can help with the costs of independent reports and legal aid might also be an option, depending on household income.

Everything else is just going to delay matters without setting you on the track to resolution

What happened to get to six months out of school? Did you initially hone school? Is he still registered at school?
Did he attend part time ever?
Did you ask for an EOTAS package?
What do you think is needed for him to attend school?
There is very little information in your post.

@FloatingBean

Sorry to hijack. Is that 16 days thing true? I have an ASD in 6th form. She’s managing 2 days a week atm and has missed well over 15 days.

Have you received advice from SOS!SEN or IPSEA?

The system is rubbish and favours those with the knowledge of how to fight- those who know what you need to ask for and who you need to ask. It favours those who are wealthy enough to pay for independent reports and legal support or those who are eligible for legal aid. It favours those who have the time and emotional energy to fight alongside looking after a child/young person who needs a lot of support.

SOSSEN ask for £145 for a pre-action letter.

@ArseInTheCoOpWindow yes it’s true, but it only applies to CSA pupils, so unfortunately not to your DD. The only way to guarantee provision post 16 is via an EHCP. Have you requested an EHCNA?

@FloatingBean just in the process of applying.

Even though all children have to be in some form of education until the age of 18?

Sadly, yes. Although DC have to remain in full time education or training or part time work/volunteering alongside part time education/training until 18 s.19 of the Education Act 1996 only covers CSA pupils which doesn’t include post 16 pupils.