I agree entirely. The whole system is set up for children to fail and to cause animosity between parents and schools.
Schools receive “notional funding” of £6,000 per child in their general SEN budgets according to Local Authorities, but this money doesn’t really exist. Therefore, until a school is spending over £6,000 on additional provision for a child it is more cost-effective for them to deny a child’s needs exist than to put provision in place/ support an EHCP application. School budgets are wholly insufficient per child to educate children adequately even if there were NO children with SEN in mainstream schools.
Then, it is left to individual parents to enforce the law. If a child is off school for medical reasons LAs refuse (illegally) to provide educational provision outside school as others on this thread have also noted from their own experience. Parents are disparaged, have aspersions cast on them despite large amounts of medical evidence, schools refuse to communicate openly with home per the law, as do LAs. Gaslighting and false reports commence. Complaints are ignored or used to portray the parent as “difficult”.
If an EHCP application is made the LA will usually refuse to assess. If forced to do so by tribunal they usually illegally ignore much of the evidence submitted and have to be taken to tribunal again to force them to issue the EHCP. As you note, NHS services are a complete failure so often parents either get no help at all or have to pay for private treatment. Schools and LAs then try (again illegally) to ignore the reports from the private doctors that the parent has been forced to pay for. Even if an EHCP is eventually issued the LA will try to leave out as much provision from it as possible to try to minimise the support they have to pay for. The parent then has to take them to a third tribunal to get it amended. Due to the number of cases where LAs are breaking the law like this the wait for each tribunal can be 12-18 months meanwhile the child is being failed, traumatised, or often unable to attend school at all.
Then the LA produces a “funding package” to fund the EHCP. However, this bears no resemblance to the cost of actually implementing it. They advise schools not to do what the EHCP - a legal document - specifies they must do. The funding package they produced for my daughter would have meant the school paying her TA £3 per hour. The SENCO came out of her meeting with the LA about this in tears. The only way to get the funding package amended is to take the LA to judicial review.
Then they will oppose appropriate amendments to the EHCP (or even try to withdraw it) at every annual review, and oppose appropriate placements at every transition to the next stage of education e.g. moving from primary to secondary, necessitating another tribunal every time.
Meanwhile parents are left dealing with a child whose mental health and education has been thoroughly trashed for years on end, trying to put their child back together and support them, trying to juggle working to provide for them with them being unable to attend school for protracted periods, AND having to constantly fight these legal cases and pay for medical treatment (this has cost me many tens of thousands of pounds so far) meanwhile having mud slung at them accusing them of being bad parents. And, apparently, some posters here wonder why parents are “so irate” about the lazy assumption that low attendance rates are likely due to poor parenting. I’d like to see those posters do what I did and manage on two hours’ sleep per night for 3 months straight while caring for a distressed child, dealing with false reports to social services and threats of prosecution, and holding down a full time professional job and also caring for my other small child.
Parents follow the procedure and complain to the school. The school literally cannot do what it is legally required to do because the LA won’t fund it. But rather than being honest about this the automatic reaction is to demonise the parent and pretend they are being “demanding” or “unreasonable” for expecting compliance with the minimum legal requirements so that their children can access education.
The Government is complicit in this by continually underfunding education and their latest wheeze to try to pretend that if you simply withdraw all individualised support from disabled children and segregate them into a “unit” without subject specialists and where they will spend much of the day receiving minimal education at all then everything will be solved, and that somehow this counts as “inclusion”. Inclusion would be for there to be sufficient schools to cater for children with different and incompatible needs so that children can go to a school where they feel that they belong and actually attend lessons and learn properly.
Oh, and their little plan to deal with LAs’ SEND deficits through their “backstop” which involved letting LAs keep the deficit off balance sheet temporarily on the condition that the LAs involved cut their SEND spending further. How could the LAs do that? It’s not like they were spending any money on it that they weren’t forced to spend by law anyway (and even then only after protracted legal battles with parents trying to enforce the law so that their child can attend school)… so the only way to cut SEND spending was for these LAs to implement illegal and unwritten blanket policies to automatically decline ALL EHCP applications and fight them at EVERY stage of the process even when they KNOW the applications are valid and there is a stack of medical evidence, and they know that this refusal of the required support to attend school is causing immense and often lifelong harm to the children involved. It will be interesting to see what happens when these “backstop” arrangement expire next spring. I presume this is why the Education Secretary is now trying to rush out her plans to abolish proper support for disabled children in mainstream schools altogether before next Easter, with no proper consultation with anybody other than the LAs who are obviously in favour of this because it will be cheaper and they do not care about children at all.
Meanwhile, nobody wants to go into teaching because the salaries are far too low and so many schools have such toxic environments, and the system as it is set up cannot and will not ever work because it is not possible to cater for 30 children in one classroom with vastly different and often clashing needs and issues and provide anything close to an adequate education. Therefore, mainstream schools are failing even those children for whom the current system would be ok, if it wasn’t for all of the other children who should not be in that environment but are forced to go there under threat of prosecution of their parents or even the children being removed from the family by vindictive and stupid social workers.
Full responsibility for education needs to be removed from LAs and placed back with central Government so they are forced to fund education properly and be accountable if they do not rather than being able to blame the LAs that they are refusing to fund properly. LA staff simply are not qualified or capable of dealing with this. And a proper regulator needs putting in place. The reason this won’t happen is because the Government doesn’t want to pay for proper education, therefore the LAs can’t pay, therefore the schools can’t pay, therefore all children’s educations are damaged by this because schools can’t operate properly. Yet allegedly, it must be the parents’ fault according to some of the ignorant people on this thread. It would be funny if it wasn’t so tragic for children and their families.
Despite understanding all of the above, I think that the staff in LAs and schools are also aware of this so their behaviour towards parents - trying to demonise parents to deflect blame for the situation - is disgraceful and I don’t know how those who engage in this can look at themselves in the mirror or sleep at night.
TAs like you who endure all of this for a disgustingly low level of pay for a very important and highly skilled job deserve immense respect from everyone and I am so, so grateful to my daughter’s TA that she has now (finally!), without whom she would still be at home and excluded from having a normal childhood in which she can attend school with her friends.
Thank you for what you do.