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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

TAs does your primary school have them?

185 replies

dhlihdhb · 23/07/2024 19:16

Apparently our primary school has decided they wont have any TAs next year other than those with a one to one. Is that the norm? Have to say am pretty disappointed but not sure how widespread that is.

OP posts:
Harvestmoo · 24/07/2024 21:52

BrumToTheRescue · 24/07/2024 21:41

Apologies if you thought my post was snippy. It wasn’t meant to be. I was just repeating a previous post in case you had missed it.

The post was about funding of EHCPs. The notional SEN budget is irrelevant to that. The national SEN budget is rarely actually £6k anyway.

More often than not, the threat of JR to the Director of Children’s Services or a pre-action letter is sufficient. Although less so than it used to be. Few get the JR proceedings themselves. Even less get to an actual hearing.

The threat of JR to the DCS is fairly straightforward. Parents can use IPSEA’s model letter if their DC is not receiving the provision in F. SOSSEN also have suggested wording on their website. If the threat doesn’t work, parents need a pre-action letter. For failure to provide provision in F, SOSSEN can help with this for free. Although there is a wait. For parents who are eligible, legal aid is also available. Or if parents can afford it they can look for a firm to take them on.

If a pre-action letter doesn’t work, JR proceedings themselves are brought in the child’s name and they can be eligible for legal aid in their own right, even if their parents aren’t eligible. JR proceedings themselves take time, but you can request interim provision be ordered, and it doesn’t take as long as some think.

SOSSEN explain more about JR and the timescales here.

Edited

Thanks for taking the time to explain all this - really useful.

Sunshineandpool · 24/07/2024 21:54

Harvestmoo · 24/07/2024 21:21

Right. But can you answer the question about LA schools challenging the LA? I genuinely want to know how it works.

The parents do it, not the school. The school could support the parents.

BrumToTheRescue · 24/07/2024 21:56

Despite what LAs would like parents and schools to believe, the law applies to all LAs equally. Local policy and “this is how we do things here” does not trump the law.

BrumToTheRescue · 24/07/2024 21:58

Sometimeswinning · 24/07/2024 21:49

My point is that all dc are entitled to an education. Of course I believe this. I believe a resource such as a TA in a class should be just as important as a 1:1.

Sen numbers in a classroom, I think average around 5 in the majority of schools. For me it’s just over half my class. About 3 have met the criteria for an ehcp, what about those who don’t?

Luckily the law disagrees where 1:1 is detailed, specified and quantified in F.

If other pupils need provision in excess of what is typically available within ordinarily available provision at a state mainstream school the school or parents should request an EHCNA. The parents should appeal if the LA refused and this is where the school can support parents.

Sometimeswinning · 24/07/2024 21:58

BrumToTheRescue · 24/07/2024 21:42

The provision in F must be provided. It isn’t for the school to decide whether to provide it or not!

I think you know a lot of schools make this decision. Our local secondary school does not do any 1:1s. All funded money goes into a pot.

Another primary school is refusing children with an ehcp because they don’t do 1:1s. Their TAs are class TAs. So schools are deciding, regardless of the law.

Sunshineandpool · 24/07/2024 21:59

Harvestmoo · 24/07/2024 21:31

Look, I'm really not trying to be difficult here so I don't know why your responses are so snippy. I said I genuinely wanted to know. You're obviously very knowledgeable, as are others on the thread, and I hoped I might learn something. I don't remember seeing the response in relation to the notional funding so I apologise. It sounds like quite a major undertaking - is it? A lot of parents with children with SEND have additional needs themselves; how difficult and time-consuming an undertaking is this? (Again, for the avoidance of doubt, I genuinely want to know more as have never known of a school doing this).

I am a parent of 2 DC with SEN and have additional needs myself. I can tell you it's a bloody nightmare. You are fighting on multiple fronts at all times. Schools often do not want to fulfil their legal duty. But instead of working together with the parent they blame the parent for daring to expect that their SEN child should get the full time education they are entitled to by law.

BrumToTheRescue · 24/07/2024 22:01

Sometimeswinning · 24/07/2024 21:58

I think you know a lot of schools make this decision. Our local secondary school does not do any 1:1s. All funded money goes into a pot.

Another primary school is refusing children with an ehcp because they don’t do 1:1s. Their TAs are class TAs. So schools are deciding, regardless of the law.

Parents can and should be supported to enforce their child’s EHCP. They don’t have to accept unlawful behaviour.

Unless the primary school is wholly independent they cannot refuse to be named in an EHCP because they require 1:1. They can be named even if they object.

Sirzy · 24/07/2024 22:03

Sometimeswinning · 24/07/2024 21:58

I think you know a lot of schools make this decision. Our local secondary school does not do any 1:1s. All funded money goes into a pot.

Another primary school is refusing children with an ehcp because they don’t do 1:1s. Their TAs are class TAs. So schools are deciding, regardless of the law.

If a child has 1-1 properly written into their echp a school can’t refuse to provide it. They also can’t refuse places for EHCP unless they prove they can’t meet needs (not wanting to meet needs isn’t a justification)

Sometimeswinning · 24/07/2024 22:18

Sirzy · 24/07/2024 22:03

If a child has 1-1 properly written into their echp a school can’t refuse to provide it. They also can’t refuse places for EHCP unless they prove they can’t meet needs (not wanting to meet needs isn’t a justification)

Well they have. I know various things were said by the LA but I don’t know the outcome. I do know that neither child is at the school.

Sunshineandpool · 24/07/2024 22:18

Sometimeswinning · 24/07/2024 21:49

My point is that all dc are entitled to an education. Of course I believe this. I believe a resource such as a TA in a class should be just as important as a 1:1.

Sen numbers in a classroom, I think average around 5 in the majority of schools. For me it’s just over half my class. About 3 have met the criteria for an ehcp, what about those who don’t?

Those who don't have an EHCP should have SEN support provided as detailed in government guidance and in their own SEN policy.

BrumToTheRescue · 24/07/2024 22:22

Sometimeswinning · 24/07/2024 22:18

Well they have. I know various things were said by the LA but I don’t know the outcome. I do know that neither child is at the school.

Unless the school is wholly independent, the LA must name the parents’ preferred school unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.

Requiring 1:1 does not meet the high bar. LAs can, and must unless the LA can prove one of the above, name the school even if the school objects when they are consulted. If the LA refuses, the parents can and should appeal because they don’t have to accept unlawful behaviour. Once the school is named in section I they must admit and can be forced to via judicial review,

Sunshineandpool · 24/07/2024 22:25

Sometimeswinning · 24/07/2024 21:58

I think you know a lot of schools make this decision. Our local secondary school does not do any 1:1s. All funded money goes into a pot.

Another primary school is refusing children with an ehcp because they don’t do 1:1s. Their TAs are class TAs. So schools are deciding, regardless of the law.

Wouldn't it be nice if schools instead of breaking the law and therefore meaning parents having to fight them from the get go, worked with parents to ensure funding and provision for SEN DC?

Sunshineandpool · 24/07/2024 22:26

Sometimeswinning · 24/07/2024 22:18

Well they have. I know various things were said by the LA but I don’t know the outcome. I do know that neither child is at the school.

That's because the school essentially bullies the parents until they withdraw.

Sometimeswinning · 24/07/2024 22:32

Sunshineandpool · 24/07/2024 22:25

Wouldn't it be nice if schools instead of breaking the law and therefore meaning parents having to fight them from the get go, worked with parents to ensure funding and provision for SEN DC?

Yes. I’ve learnt a few things regarding funding tonight. If Ehcps can actually have costs fully covered in all cases then I don’t see why more parents haven’t raised this and schools don’t see this through.

ThursdayTomorrow · 24/07/2024 22:35

There is such a need for more special schools.
I really hope the new government will open some but I doubt it.

BrumToTheRescue · 24/07/2024 22:43

Sometimeswinning · 24/07/2024 22:32

Yes. I’ve learnt a few things regarding funding tonight. If Ehcps can actually have costs fully covered in all cases then I don’t see why more parents haven’t raised this and schools don’t see this through.

For a multitude of reasons.
Many EHCPs are woolly and vague with wording such as “access to”, “would benefit from”, “regular”, “up to”, “or equivalent”, “opportunities for”, “as appropriate”, “would be useful/helpful”, “such as”, “e.g.”, “etc.”, “as required”, “as advised”, “key adult(s)”… This means they are unenforceable. Parents need to appeal first in order get a watertight detailed, specified and quantified EHCP. But some parents don’t realise the EHCP isn’t worth the paper it is written on until they come to try to enforce it.
Many parents are unaware of SEN law and are misinformed by LAs, schools, SENDIASS…
Many parents have SEN of their own or have English as an additional language or are in carer burnout or…
Many schools are unaware of SEN law and believe the LA’s misinformation.
Some schools prefer trying to get away with using provision to support other pupils.
Some schools think it isn’t worth the hassle because soon enough the pupil will have left.
I could go on.

Sunshineandpool · 24/07/2024 22:53

Sometimeswinning · 24/07/2024 22:32

Yes. I’ve learnt a few things regarding funding tonight. If Ehcps can actually have costs fully covered in all cases then I don’t see why more parents haven’t raised this and schools don’t see this through.

I think often because a lot of parents expect schools to know so when schools tell them that the LA doesn't have to cover it, they believe them.

Sometimeswinning · 24/07/2024 22:58

BrumToTheRescue · 24/07/2024 22:43

For a multitude of reasons.
Many EHCPs are woolly and vague with wording such as “access to”, “would benefit from”, “regular”, “up to”, “or equivalent”, “opportunities for”, “as appropriate”, “would be useful/helpful”, “such as”, “e.g.”, “etc.”, “as required”, “as advised”, “key adult(s)”… This means they are unenforceable. Parents need to appeal first in order get a watertight detailed, specified and quantified EHCP. But some parents don’t realise the EHCP isn’t worth the paper it is written on until they come to try to enforce it.
Many parents are unaware of SEN law and are misinformed by LAs, schools, SENDIASS…
Many parents have SEN of their own or have English as an additional language or are in carer burnout or…
Many schools are unaware of SEN law and believe the LA’s misinformation.
Some schools prefer trying to get away with using provision to support other pupils.
Some schools think it isn’t worth the hassle because soon enough the pupil will have left.
I could go on.

Use of these words negate section F? Or does section F override these points?

BrumToTheRescue · 24/07/2024 23:08

Sometimeswinning · 24/07/2024 22:58

Use of these words negate section F? Or does section F override these points?

That wording is often used in section F. It means the EHCP is unenforceable. Using those words means it doesn’t say what you think it does.

For example, ”X would benefit from 1:1”. Many think this means 1:1 should be provided. I’m sure X would benefit from 1:1 but it doesn’t mean it has to be provided. I would benefit from a holiday, doesn’t mean I will get one. It doesn’t say who will provide it, how long for, how frequently, what they will do, where they will provide it… “1:1 would be useful for X”. I’m sure it would. So would £1mil. Doesn’t mean I will get either. Your definition of “as appropriate” or “regular” will be vastly different to that of the LA - what do either really mean? Think of it like an employment contract.

Sometimeswinning · 24/07/2024 23:15

BrumToTheRescue · 24/07/2024 23:08

That wording is often used in section F. It means the EHCP is unenforceable. Using those words means it doesn’t say what you think it does.

For example, ”X would benefit from 1:1”. Many think this means 1:1 should be provided. I’m sure X would benefit from 1:1 but it doesn’t mean it has to be provided. I would benefit from a holiday, doesn’t mean I will get one. It doesn’t say who will provide it, how long for, how frequently, what they will do, where they will provide it… “1:1 would be useful for X”. I’m sure it would. So would £1mil. Doesn’t mean I will get either. Your definition of “as appropriate” or “regular” will be vastly different to that of the LA - what do either really mean? Think of it like an employment contract.

Thankyou. I’m sure I’ve been a bit annoying on here but I’m genuinely interested in all this. I’d ask more but I’ll leave you be now.

BrumToTheRescue · 24/07/2024 23:19

Feel free to ask more. The more people who understand the actual system rather than the unlawful policies and practices LAs and some schools want parents to believe, the better.

crumblingschools · 24/07/2024 23:53

The time taken and the work involved with EHCPs can be off putting too. Our LA SEND provision is in chaos which doesn’t help either

ohfook · 25/07/2024 08:12

TAs are worth their weight in gold. It's a professional role that immensely benefits the running of the school and its vastly underpaid. The idea of them being there to do your photocopying and put up a lovely display hasn't been true since the 90s but wage's haven't changed to reflect this.

I agree with a previous poster though, tighter budgets and the fact that specialist provision is pretty much at capacity in many areas of the country mean TAs are frequently used as 1:1 support or as cheap teachers.

elliejjtiny · 25/07/2024 11:15

Forgot to add that my dc school also have some amazing volunteers, several of whom are ex ta's who retired but came back as volunteers because they missed the children. One lady started as a TA when her youngest started school in the 1980's and she is still there volunteering. Her children all went to the school and so did/do her grandchildren. She is so lovely and always asks what my older dc are doing now whenever I see her.

My dc school has 1 ta for a child with an ehcp and they have been advertising for a new one for a child starting in reception. I don't know how many children have ehcp's. They used to put the number on their website somewhere but I couldn't find it when I looked. My 11 year old has an ehcp without 1 to 1 but he doesn't need one. He has lots of interventions in the nurture room and he sits on a table where the class ta will give extra help to a few of the children in the class. He doesn't need one to one attention. My 10 year old currently is in the middle of an assessment for an ehcp and he needs a lot more help and supervision as he self harms and doesn't do any work if an adult is not sat with him all the time.

Longma · 25/07/2024 11:23

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