AIBU to now want to go above my DC's school and take things further

[ballerina1971]

I am very angry with my DC's school. My youngest DC, age 13 has an EHCP with 24 hrs support. last summer when it was exam time it came to my attention my DC did not have a TA for support in lessons when I raised it with the the school they stated all TA'S were helping with exams for 2 wks
• I advised that my DC TA was funded for them through the EHCP, a legal document, not to be used elsewhere DC wasn’t to be without TA again. The school stated they had always done this, I advised this didn't make it right. I had the conversation with the SEN Department, Assumed the matter had been dealt with. My DC then came home in September stating there was no TA again As they were being used for the year sevens, I rang the SEN & insisted that my DC had the
• TA in lessons & having had this conversation with them I didn’t expect to be having it again. A few weeks later my DC came home asking why I had been complaining about the TA’s I was quite shocked by this and I said why are you asking, my DC told me the TA had said to her during a lesson that she better not do ,anything wrong (the TA ) as your mom has already been on the phone complaining to the school about the TA’S! Then earlier this year after my child had stated the teachers seemed to be being nice to her, the same TA said to my DC it’s because they’re scared of your mom she’s notorious around here and laughed. WTAF! This is wrong in so many ways such as, unprofessional, breach of confidentiality. now I’m fuming this is just another incident in a long list of incidents that have occurred since my DC have started there. I’m not talking minor, insignificant things, as I would let those things go I’m Not someone who feels the need to complain at every little minor thing. Very significant things such as overdosing my child on paracetamol and not advising me as per their procedures that they had given paracetamol just to give one example. There are only so many apologies I can receive from the school before I have to take it further. I’ve now had enough, I want this to stop. AIBU to now take this further and not go through the Complaints procedure again. I have followed the school’s complaint process on everything and now I’m sick of it I wish to go to the Local Authoritytand further. The school needs to be accountable for what they're doing I don’t feel at the moment they are. I get a sorry but then they go on to do something else

@Headfirstintothewild it may be the law but what are you meant to do when there is no money and no staff. Other organisations just put you on a waiting list, not so easy to do that in a school.

As I have posted more than once now, lack of funding and staff is often cited as a reason SEP detailed, specified and quantified in F isn’t provided. It isn’t an actual barrier when parents pursue enforcement action. LAs can and do increase funding (sometimes significantly so in order to attract more applicants), LAs do employ TAs directly (again with a much higher salary than normally given, LAs do suddenly find they can put more effort into meeting their obligations… LAs know lack of funding and staffing is not a lawful excuse.

Other organisations just put you on a waiting list

Not for provision detailed, specified and quantified in F of an EHCP they don’t. For example, if OT is detailed, specified and quantified in F there is no need for the pupil to sit on the normal waiting list. The LA must ensure it is received even if they have to commission independent provision. Although sometimes what happens when parents enforce provision is pupils with EHCPs skip the waiting list.

@Headfirstintothewild and the current wait time for an EHCP in our area is 64 weeks. Doesn't matter how much you complain about the wait time, everyone is in the same boat

If those DC have 1:1 detailed, specified and quantified in F their parents should enforce their provision.

No it does not. At most funds about 2/3.

EHCPs are governed by statutory timescales. These can also be enforced via JR if necessary. Again, parents who enforce the timescales are prioritised e.g. for EP assessments during EHCNAs.

OP’s DC has an EHCP so it is also irrelevant.

The teacher will no doubt the one affected, not the child.

Of course the child, who has been deemed to reasonably require 1:1, will suffer. If they didn’t need 1:1 it wouldn’t be detailed, specified and quantified in F. Unless you are claiming the teacher will be providing the 1:1?

But does the funding cover a TA salary for that time?

That isn’t relevant to whether the provision is detailed, specified and quantified in F must be provided. EHCPs can be fully funded, but LAs won’t unless forced to.

Of course parents need to advocate for their child. It’s HOW it’s done that can make a difference. Working with the school will always be more fruitful than rushing to complain. If you as a parent don’t understand where the problems are arising, you cannot work with the school to make things better. Being entitled to something doesn’t make it magically happen and all the complaining in the world won’t change that.

@Headfirstintothewild but how can a JR move all EHCPs into the statutory timescale if there is a 64 week backlog

People on here understand the underfunding of nurseries for "free" places very well. The government say that they are funding those, but are underfunding each child's hours to such an extent that nurseries are shutting down left, right and centre, and others are screwed over by having to pay out much more.

Well, it's happening in education, too. SEND funding does not fully fund the staff needed to carry out the provision schools ought to. Only schools are not (yet) shutting down over funding en masse; they are simply working the few remaining staff to the bone until they, too, run out of people to recruit or the funding to do everything. We are only just seeing the beginning.

You can make anything a legal requirement, doesn't mean it will realistically happen unless things change drastically.

And where are all the staff and specialists going to suddenly materialise from once all these EHCPs are processed

@crumblingschools the ‘backlog’ is caused by LAs acting unlawfully. Parents don’t need to accept that. JR solves that by forcing LAs to act now rather than months down the line. Threatening JR, sending a pre-action letter and, in the small minority of cases it is required, JR proceedings works. It works for enforcing EHCNA timescales, enforcing SEP in F, enforcing AR timescales, enforcing phase transfer deadlines… Parents don’t need to accept unlawful behaviour.

DC whose parents know the law, can advocate for their DC and enforce their rights via the legal channels receive better support. It shouldn’t be like that and fails the most vulnerable, but it isn’t going to change any time soon. It does result in DC getting the support they are legally entitled to.

Do you not think people are trying that @Headfirstintothewild

How? If no one applies for the jobs? Press gangs?

For a multitude of reasons many parents don’t enforce their DC rights, no.

As I have posted many, many times, where LAs and schools claim lack of funding, resources &/or recruitment as a reason why the LA is not complying with s42 CAFA 2014 when faced with enforcement action it hasn’t been an actual barrier. With the right funding, potentially substantially more (higher wages, potentially much higher wages, attract more applicants), and effort (parents are only taken seriously when LAs see parents know the law and will advocate and enforce DC’s rights) an appropriate appointment can and has been made.

@Headfirstintothewild there is a reason our council is judged inadequate for children's services and has been for many years. One area of serious weakness is EHCPs

That doesn’t make a difference to JR, though.

So if every child with an EHCP waiting for a review and everyone waiting for a new EHCP applied for JR, this would happen and specialists like EPs would miraculously appear within the statutory timeframe @Headfirstintothewild

After 244 replies (and counting), the OP hasn't returned. Maybe they're not hearing what they want to hear? The reality is that the dedicated TA has been redeployed to help other children with additional needs. The OP's child is one among many.

I’m not sure about TA time but on the unprofessional nature of their comments I don’t think it is that bad. I had a similar situation where I was actually trying to be helpful as I am a data protection consultant so pointed out that the school was wrongly referring to the 1998 act. A teacher repeated this to my DS as she said that she knows that he was capable of approaching his behaviour with intelligent consideration as he was related to me and I was obviously bright when offering unwanted advice - tbh we laughed about it.

JR (or the threat of JR or a pre-action letter - the vast majority don’t get further than a pre-action letter) works. It would work for any parent whose LA failed to comply with the law. Even LAs who think the law doesn’t apply to them. Even LAs who think they can ignore JR. Even LAs who don’t think they have to commission independent assessments when they can’t assess in-house/via the NHS within the statutory timescales - again, money talks. So whilst there is pressure on professionals providing independent assessments LAs can and do find one when faced with enforced action. It is not acceptable for LAs to shrug their shoulders and say nothing more they can do.

You go to the LA and tell them you've no staff and they need to sort some as it's their responsibility to ensure EHCP provision is in place.

Unless of course you can't do that because you know you shouldn't be removing a child's 1-1 specified in section F?

@multiplight which isn't acceptable but nor is removing a child's 1-1 when it's legally mandated in section F of their EHCP. Schools place themselves at risk of disability discrimination claims for removing provision and the TA was needed elsewhere isn't likely to wash as a defence.