Problem with my sons support assistant

[ColaFizz]

Evening everyone,

My son is 9 (Y5) and has a statement. He has been at his current school since Y2 but recently we've encountered some problems. Near the end of Y4, the TA was being swapped over ready for Y5, and there was an incident in which the TA was working with him outside the classroom and made him cry by shouting at him - he told me "she shouted really really loud, and I don't like loud", bearing in mind I have never made him cry by shouting at him, I wondered what had gone on. I was told it was a misunderstanding and that he was fine now. I gave her the benefit of the doubt and took him for his ears testing - all fine.

From this point on, he has continued having some problems with the same TA, despite us telling him it's all fine. I did mention my concerns to the school about her being his TA in year 5, as did his Y4 teacher! Before the half-term holiday he told me that the TA smiles and the other child with SEN but looks at him with a 'frowny face'. The one good thing about my sons problems is that he can't lie, and has a very good grasp of peoples facial expressions. We requested that the school find a different TA for my ds as it is affecting his emotional well being and he isn't enjoying being at school. They adhered to this request, but haven't put in any extra support for him, and the TA in question takes another child out of the class to work with - this child does not have a statement (child is School Action Plus).

Where does my son stand with regards to the funding he gets for his SEN? He is in band 4, and before the changes was entitled to 20 hours a week extra support. I have a review meeting in 4 weeks and want to have all the facts before I go in all guns blazing, as at the minute I want to pull him out of school. I know it's not him, as the 3 previous TA's he's had have all been fantastic and he hasn't had a problem until now.

Sorry for the essay, I'm just so frustrated and angry and I just don't know where else to turn. I have even thought about putting a formal complaint about the TA because of how all this his affected my son.

Thank you for any help xx

This all depends on what the statement says - your son's entitlement to support should be properly defined in there and should not be described by reference to banding arrangements. If the statement says something like "ColaFizz's DS will received 20 hours per week direct 1:1 support from a teaching assistant" that means he must get 20 hours per week support on his own and it should not be shared with other pupils. However, a lot of statements are very vaguely phrased and say something like "X will receive funding equivalent to 20 hours a week TA support" and that regrettably allows the school to be pretty flexible about how the TA is used.

If the statement isn't sufficiently detailed and specific it is unlawful, and I would suggest that you use the review to ask that it be tightened up so that everyone knows where they are.