School not doing what the EHCP says

[Atomsaway]

Hello,
After some thoughts on this please.
My son starts at a new school in September. I have had a conversation with someone, who said they will not be employing the specialist that my son’s EHCP states he must have a lesson with each week. They will be plugging him into a computer instead.
Do you think I should be prepared to see how this goes or should I be demanding the specialist?
They are stating they can’t get the specialist because of budget. I don’t know how the funding works but my son gets 22 hours worth of support a week.

Have you got it in writing?

Funding isn't your issue, if the school need more funding they should approach the LA.

Is section F detailed, specific and quantified?

If it is woolly and full of vague statements (e.g. access to, equivalent, will benefit from, regular, as appropriate, the opportunity to...) then unfortunately you can't enforce provision.

If it is specific and quantified complain to the LA, as it is them who have ultimate responsibility for ensuring provision in EHCPs is received. If after complaining to them DS doesn't receive provision you can threaten Judicial Review.

Yes, it is specific. Must have 30-60 minutes of specialist teaching per week. Lessons are 45 minutes long in the school.

I made sure it was very specific and quantifiable from the outset.

Thanks so much.

In that case complain to the LA, and as soon as provision doesn't occur threaten JR. Expect that the sessions will be 30mins though. If you do need to begin JR proceedings SOSSEN can sometimes help with pre-action letters.

Is what the specialist teaching should be detailed? Otherwise the school and LA may argue the computer programme is a programme designed by the specialist teachers and therefore adequate.

Thank you so much.

Yes, the plan wording is X will receive a one to one or small group lesson at least once a week for between 30-60 minutes with a specialist dyslexia trained teacher who will work on literacy difficulties and coping strategies.

The programme will not be able to do this.

Hmm, although the computer programme won't be able to deliver the sessions, it is still fairly woolly wording.

What is a small group? 3, 5, 10? I would push to amend the wording, perhaps to just 1:1, but at the least defining what a small group is. Also changing 30-60 minutes to 60 mins. Otherwise DS could be losing several hours of support over the year. Does it detail what qualifications the specialist teacher will have?

Thank you. It does actually say no more than 5. I just didn’t include that. Yes, level 7 specialist.

I don’t think there is too much wriggle room to get out of the provision. Our lessons are 45 mins so I would expect that to be the length. I agree though about changing it to 1:1.

No I absolutely wouldn't be "seeing how it goes".Insist he is legally entitled to what it says in his plan.

If they don't comply, complain to the LA, as they are legally responsible for securing the provision.

Advice and model letter here:

www.ipsea.org.uk/complaining-when-the-provision-in-an-ehc-plan-is-not-being-made-model-letter-6

Thanks Ellie.
The difficulty I have is that I work in the school. I’m not very confrontational but I guess I just need to keep my mum hat on and try to be polite!

Tell them you have sought (legal) advice and this is what you have been told.

If they can't fund it they need to go to the LA. The LA has a legal duty to secure the provision in your child's EHCP (Section 42 Children & Families Act 2014)

I know it's difficult when you work there, but you aren't doing anything that none of them would do if they were in the same position!

The other alternative is to let DS's other parent deal with the school.

Thank you Ellie. I will definitely do that. You are right.
My DH normally leaves the school stuff up to me but he might have to suck it up and step in!

FFS! I emailed the Senco asking for a meeting, describing my disappointment at not adhering to the EHCP. I cc’d the Head and case worker.
The Head has just accused me of sending a passive aggressive email and copying him in.
I’m furious! He wants to talk this week about how I communicate. WTH?

I can't really see how that could be classed as being passive aggressive, but going forward, it looks like you need to let DH deal with any other issues concerning your son .

As I said before, The LA has a legal duty to secure all the provision in the EHCP. If your son does not get the provision he is entitled to, complain to the LA.

www.ipsea.org.uk/complaining-when-the-provision-in-an-ehc-plan-is-not-being-made-model-letter-6

I have the same problem
My son is at a special school, and the 3 main things on his ehcp ,they haven’t done
And don’t intend to

OP I hope the Head backed down and DS has had a good start. I wonder whether the school thought you wouldn't say anything with working there.

Pringle is section F specific and quantified? If so, you can go down the judicial review avenue.

I can bottles yes
But I’ve spent the last 2 years fighting,,and when we got what we wanted ,the reality did not match current opinion
In other words The school
talk the talk ,but don’t walk the walk
All that fighting just takes time away from what’s important, which is cracking on with the learning

My blood is boiling at the attitude of your DC’s school. It’s because I’ve been there. I was that parent for years who just wanted to avoid conflict, keep the peace and hope that the people working with my son had his best interest at heart. I learned the hard way that (some) schools (the one I dealt with!!) are only interested in money, egos and careers. Not my son. It took me a while to properly get to grips with what I was up against. I implore you to document EVERYTHING, every conversation, date and time and please tell the LA. They are paying they are accountable, they need to kick this school up the arse or find somewhere your child’s needs will be met. I do understand only too well that when your child has an EHCP it often feels like a constant battle and you're serving time. Please never be in a situation that you feel your child doesn’t deserve what they are entitled to

Judicial review is usually much more effective than a complaint, because complaints take so long to process. There's a useful explanation here.

Do you belong to a union? You really need it to be clear with the Head that she can't use your employment status as an excuse for not complying with the law. When dealing with your child, she needs to treat you as a parent and nothing more. I seriously doubt that she would be demanding interviews about communication styles if someone who is not an employee had written in similar terms.