Given the cuts to Legal Aid, that now preclude anyone on a low income from taking their LEA to tribunal because the LA has refused to even assess for a statement, based on proven illegal 'blanket decision' levels, ignoring the combination effect that having LD's and social skills difficulties can have on a child's ability to access education, what is the draft bill going to go about that?
• Is the new bill going to have harsh sanctions for LA's that refuse to even ASSESS for a statement, despite the DC being over 4 years behind their peers, educationally?
• What provision is going to be made for parents that have no access to Legal Aid, and not enough money to pay for legal representation, in the event of a tribunal?
• What will happen to a DC that is 2/3 years behind educationally, needs high levels of support on the classroom in order to access the curriculum AT ALL, but is currently on SA or SA+? If their LA has refused to even ASSESS for a statement, what will happen to these DC's when SA & SA+ vanish? Will they get a personal budget? Will they get any support?
• I am finding, as the parent of two DC's with SN's (and two without), that DC's on SA/SA+ are being downgraded from SA+ to SA, or SA to nothing, despite still being VERY far behind their peers, to the point where they are unable to access most of the curriculum AND are ostracised in the playground and bullied and having levels a very long way behind where they should be. What is going to be done to protect THESE DC's education when their LA has been proven in multiple court cases (not tribunals, court cases) to be acting illegally on their refusal to assess for a Statement.
I know of at least 5 DC's that OBVIOUSLY should have a full Statement, and FT support. In the last year and a half, they have been gradually moved from SA+ to SA, and then from SA to nothing, despite the attainment gap to their peers widening. My very real fear and concern is that under the new system, they will be left to flounder with no support as they can't even get ASSESSED for a statement.
My DD and DS2 are in this situation - my DD has been on SA+ since 3yo at pre-school (though it was Early years SA+ then), and has just been moved to SA despite only achieving NC level 3/4 at the age of 14 in most subjects.
My DS2 was on EYFS SA+ at the age of 3yo also. He is almost 9yo, his writing is illegible, due to his muscle problems and a PCT who discharged him at 5yo not because he could do everything he should, but due to finances. He has lots of time off school due to his asthma, but never spends quite long enough off school to trigger the LA's 14 school day rule to get a home tutor, so falls even further behind every time his asthma starts up. He has GDD/LD's, and is working around 2-3 NC levels (not sub levels, full levels) behind his peers. He has social difficulties and is a target for bullies because he has ASD. Not only have the LA refused to even bother to ASSESS him for a statement, at the start of Y3 he was dropped from SA+ to SA, and at the end of Y3 he was dropped from SA to nothing. No more IEP's, no access to a TA, no help with integrating socially, nothing. Yet he still HAS the same issues he did on SA+, now he will be unable to access the curriculum at all as he will have no access to a TA.
How will you protect THESE DC's education?