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

As I also posted, there’s nothing stopping parents of DC who require reasonable adjustments and access arrangements taking action if it isn’t forthcoming. But it isn’t relevant to whether the OP’s DC must receive the provision detailed, specified and quantified in F.

Again, there's now 2 weeks to the exams

There's no staff
Little chance of recruiting them
I can shout and demand that support from the head but the simple fact is, it'll have to be taken from another kid in order to support mine.

Again, unless this is a new issues or injury then there has been more than 2 weeks.

I haven't read the full thread- I read s few posts then decided that was enough for me so I apologise if this has already been said.

Op check section f of your child's ehcp. The ta support needs to be worded in a way so that it cannot be disputed what should be provided. Wording like "would benefit from", "such as" etc don't actually mean that the provision must be provided. If the wording is water tight and it happens again you need to contact the la and tell them that you will start judicial review proceedings if they don't rectify the problem straight away. It isn't the schools problem, the la is responsible for providing all provision in section f of an ehcp (regardless of cost).

If the wording isn't water tight, you have no legal recorse as the document is really worth the paper it's written on assuming it's an electronic copy. You can request a reassessment of need. If the la refuse you'll get a right to appeal if they agree get it water tight speak to ipsea or sossen).

Ipsea definitely have templates on their website for what to so of provision isn't made and a link for searching where to send it. They also have loads of other really helpful templates. Sossen have some great fact sheets, letters etc as well.

You're the only one that can fight for your child's provision. The la and school have lots to juggle and unfortunately other sharp elbowed parents to deal with too with only do much money. The system is failing. Look after your child's legal right to education znd ignore any posters who say what about......

And what can the LA do? Pressgang people off the street? It is like with carers , not enough people are prepared to do it!

Are you being deliberately obtuse: schools have been trying to recruit TAs and invigilators etc for months but nobody applies.

Now it's crisis point.

Put yourself in the headteachers shoes: what do you do?

It's not unrealistic it's a legal document, so many parents just do not understand EHCP's. Op you need to complain the school cannot use your child's TA fir other reasons.

https://sossen.org.uk/not-getting-agreed-support/

I will copy my earlier post. I have supported countless parents to enforce their DC’s EHCPs. In every single case where funding, resources &/or recruitment has been cited, when faced with enforcement action, it hasn’t been an actual barrier. With the right funding, potentially substantially more (one case I supported is now funded at the level of the teaching MPS and many, many others at a higher rate of pay that the average TA - 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.

If I was HT I would ensure I could meet the SEP detailed, specified and quantified in F and if I didn’t have the resources or staffing to do so I would ensure the LA, who is ultimately responsible under s42 CAFA 2014, meet their obligation. By supporting the parent with legal action if necessary. I would not remove SEP from a pupil whose EHCP mandates it because that would leave the school as well as the LA open to legal challenge and is disability discrimination.

But how are you proving support to the children doing GCSEs who also have that legal entitlement to a scribe?

You've got no extra staff. And no time left to recruit them.

Both sets of children are entitled legally to that help.

Who do you prioritise? This is literally what headteachers are having to do.

Never mind op. They clearly know not to fuck with your child's legally mandated support if you have a reputation. Better that than your child constantly misses out because they use their 1-1 elsewhere when they shouldn't. They shouldn't be speaking to your child about it though!

Why do schools insist parents should accept low expectations from their EHCP support?

Access arrangements another pupil requires isn’t relevant to whether the SEP in EHCPs needs to be provided or not. SEP in F must be provided and can be enforced. The law does not state the SEP must be provided unless access arrangements are required by others.

LA's hold the legal responsibility to deliver provision, this cannot be legally delegated to schools. If schools clued themselves up and stopped being such walkovers and accepting whatever LAs say when it's often unlawful, maybe they'd fair better.

AMEN TO THAT!

Nonsense. We had a tribunal write in 32.5 hrs support plus 3.5 hrs TA time quite recently.

Just because the ehcp says it should be provided if the school can't meet the requirement then they can't do it. There are so many kids now with ehcp they can't cope under the strain of it. The fact that your child can relay that information to you using that language says to me that they don't necessarily have to have a one to one all of the time. A bit of independence will most likely be good for your child Do you not see any benefit for being able to manage alone for a while because iif it was my child I would see this a positive ?

Parents can't just move a child with an EHCP. It's a prolonged process and will require an appeal (which takes up to a year) if the LA won't agree,

Just because a child can communicate doesn’t mean they don’t require 1:1. If 1:1 is detailed, specified and quantified in F it is because they have been deemed to reasonably require 1:1 by professionals. It is not for you to decide it isn’t required.

That would be an unlawful exclusion and is well, unlawful. It's also disability discrimination

Nothing screams how uneducated the educators are on send law than a post on send 😵‍💫

@FloofyBird 👏👏👏👏

Parents can't just move a child with an EHCP. It's a prolonged process and will require an appeal (which takes up to a year) if the LA won't agree,

this is not the whole story, you can ask for an urgent annual review if you’re that concerned and raise your concerns that way; including to request change of school. You have no right to appeal if you’ve triggered an annual review though.

Ahh it's ok, the kids who need 1-1 and didn't get it can just never do their GCSEs at all because they end up unable to even attend school at all .

Don't pit one send against another. What a cop out. This is not the fault of any send parent or child. Are you a Tory mp?

No, mines spent educating parents on the LAW around send that schools and LAs must follow, campaigning against the local authority to ensure they're providing the LEGALLY mandated support send CYP should have, arranging legal action to ensure this happens and lobbying giv for better funding.

What do you do to ensure the LA and gov are doing their part?