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

It usually says in the ehcp how many hours support or shsred support. They often have to share the support who needs it but doesn't have any. The same was probably done for your DC until they had the funding. I'm not sure if TA can be used elsewhere though.

I would follow the complaints procedure to the letter and if there was no satisfactory outcome, ask for an emergency review, with a view to naming another school.

As a hypothetical scenario, let’s imagine there are x number of pupils with EHCPs in the school. At exam time, three of those are taking GCSEs and are entitled to (variously) a reader, a scribe, extra time, rest breaks. TA support has to be provided for all of those and on some days, depending on the exam timetable, that TA support will be needed morning and afternoon.

Where is it to be found? No one, absolutely no one, is saying that it’s OK to share out support that should be individual, but the parents of those pupils taking exams have just as much right to insist on the support they’re entitled to, as do those in other years whose support is then less than their entitlement for a period of time.

Everyone is between a rock and a hard place and the people responsible are those in government, who will ever have to face the challenges that state schools and parents face.

What is wrong, is talking about it, by the TA and the paracetamol incident.

Wish I hadn't read this. DS is nearly 4 and due to his EHCP will be allocated a 1:1 TA. Or perhaps not.
So from what OP and others have said there's no such thing as a 1:1 and they can just decide that my child doesn't need help?
If it's legally binding is the school actually breaking the law?
Sorry OP I was just so shocked reading this. I mean it sounds like you need a different school but I think you'd have to 100% find out if your child was going to get the support she's entitled too.

The simple fact is that many schools do manage to comply with their legal duties

Never heard of one that is tbh. Not because they don't want to, but they physically can't.

Start with looking at F. Is it detailed, specified and quantified? If so, email the LA. If not, then unfortunately it can’t be enforced and you should request an early review in order to try to tighten it up.

EHCPs can be fully funded, but the LA won’t do so unless forced. The LA is ultimately responsible for ensuring the provision detailed, specified and quantified in F is provided. Lack of funding, resources or staff is not a lawful excuse for failure to adhere to s42 CAFA 2014.

When was this issued? Does it state 24h or is it a banding? Our LA haven’t stated hours for years so any saying that would be old and need updating.

Or the parents have appealed. Any LA with a blanket policy of not stating the hours in F is acting unlawfully and parents should appeal. Even if a school thinks an EHCP needs updating it doesn’t mean what is in F of the current EHCP doesn’t have to be provided.

But the point of the EHCP is that it is a legal document setting out the support the child needs to enable them to learn.
It's not good enough to say that it is unrealistic. It's what the child has been assessed as needing and it should be provided. . OP isn't putting her child in a difficult situation. She is trying to make sure her child is receiving what they have been assessed as needing. It shouldn't be this way but if she doesn't no one else will.

@Crystallizedring it’s more usual now to have some time with a 1:1 or shared time for intervention work, rather than full-time 1:1. Obviously, this will depend on need

If you’re the parent of a child in year 11 who needs a reader, a scribe or an adult to man a quiet room, you’re grateful for the staff that do it.

Exam time in schools is all hands to the deck. Librarians, admin assistants, TAs all pitch in. With everyone doing the exam at the same time, the additional adults needed is huge.

I’m not saying it’s not a shame that your child loses his support for this time, but it is necessary to see the bigger picture.

Literally what else can the school do? When your child is in year 11, you might understand a bit better.

I work as a TA in a primary school, so my experience might not relate.

Firstly, those TA comments are massively unprofessional. I would expect a complaint to the Head, with escalation if you don't get the response you want.

In all three schools I have worked in, a 1:1 is never allocated elsewhere during that child's hours. The only exceptions have been if the child is not at school, or if another 1:1 can work with that student. Classroom TAs, on the other hand, get allocated wherever is needed. As do the HLTAs.

Having said that, a 1:1 was off sick recently. Her work was covered by the only 1:1 who's usual 'children' need support but don't have an EHCP.

Most children who are entitled to special arrangements in exams don’t have an ECHP. The threshold for an ECHP is much higher.

One issue is that many schools can't afford general TAs any more, so won't have bodies on the ground who can help in exams.

Rather than targeting schools for lack of staff, people need to be lobbying Government for woeful school funding.

However, the comments made to your child were out of order and definitely warrant a discussion with the school

SEN teacher here, I’ve also been an LTA at various SEN and mainstream schools. It is extremely difficult to recruit TAs and keep them!
Even with support and training, the behaviour of students can be too much and so schools often have this never ending battle of recruiting enough staff to meet the needs. Schools can go through TAs like a bag of sweets.
You will this is in a high percentage of schools.

My own TAs would spend so much time sitting in the staff room, crying- or needing to go home early.
I’ve been bitten, had my hair ripped out, chairs thrown at me, expletives written on my car, arm jammed in a door, I’ve sat outside with a student for mind-numbing hours…

I’m quite a resilient person so I’m often asked by teaching agencies if I’ll go to this school and that school.
But understandably, for some school staff, it is simply too much and people don’t want to work in schools because of this, therefore it may the case that your DCs school cannot recruit enough TAs.

The comments made by the staff are definitely something to file a complaint for! But the EHCP does not guarantee that the school can get someone in for your DC.

Definitely take it further. And make a list of every incident and how it was dealt with, generally speaking I favour letters over calls as it’s in writing, no ‘i didn’t say x or I did tell you y,’ at a later date

Ever thought SEND parents have to complain so much because outr children are failed by the system daily?

I've dealt with both, a year 11 who needed a scribe and a year 8 who needed 1 to 1. They are not supposed to be in competition with each othwr. Both my children have been failed by the system. But yes, I'll be quiet.

Does the EHCP wording say that she needs 24 hours of 1:1 TA support?

Speak to SENDIASS and your SEN case officer
x

There used to be 2 levels of EHCP
There was support or 1-1
what has your child got?

There is not two levels of EHCP. An EHCP is an EHCP. The provision reasonably required, which may or may not include 1:1, should be detailed, specified and quantified in F.

1. EHCP time is legally binding. School breaking law by not sticking to this.
2. Overdose. Definitely take further.
3. Gossip by staff - again, take further.

My nearly ten year old watches Teletubbies and puts everything in his mouth like a baby. I'd love to know how you'd get him to be responsible for his own medication. He can't even open a packet of crisps.

I think posting this in SEN forums would actually have yielded better results OP, because you are getting a lot of bad advice here, and by bad I mean not in line with SEN law and seemingly very ignorant of the EHCP process.

You are correct in that your child is not being given the provision that has been set out for them in Section F, as section F is legally enforceable you're well within your rights to take this higher. You've tried speaking to them about it a few times already and it hasn't improved.

It's that simple, legally. And your child deserves their full entitlement.

Yes, fully funded doesn’t mean ‘fully funded’ school still has to pay a percentage. Same in every school. I doubt moving schools will make any difference. Sadly there are so many children needing support that children will be prioritised if they are a risk to self or others, regardless of what the ECHP states.
SEN staff are constantly being moved around school. This is the norm I’m afraid.
Does your child want you to keep complaining? Is she happy to have a ‘go-to TA’ or does she want one to be alongside her at all times as this can be very intense.

EHCPs can be fully funded, but LAs won’t do so unless forced.

I reckon everything will be even worse soon with the influx of pupils with SEN priced out of private schools.
A good number of these children have parents who can barely afford the fees now but are making the effort because their child(ren) have special needs. They will be over-represented in the group of pupils priced out of private.

Despite this, I guess a lot of people commenting on this thread about the current issues in schools are also supporting the VAT hikes. As if it won’t make a bad situation even worse.

I hear you OP. Our DS has an EHCP and every year loses time that should by law be dedicated to his motor skills exercises (to help with dyspraxia) but TA's are called to exams and he doesn't get them. Plus about 100 other reasons why interventions haven't happened. We fought so long and hard for an EHCP that was worth the paper it was written on but in real life no one seems to care if needs are provided for as it states.