School and meeting needs in EHCP

[Alltheyearround]

After years of struggle we have an EHCP which is specified and quantified. However, secondary school, although saying they could meet needs have not done so. For example, Y7 motor skills not done regularly as stated in EHCP (4 x week 45 mins to help with dyspraxia needs).

Y8 wasn't too bad but Y9 again has been a train crash. We found out in Nov that school had been pulling DS from 3/5 literacy classes (timetabled for 5 over 2 week period) to do motor skills. This is a child whose reading age is 7 (at age 14).

He has specified provision around literacy due to dyslexia. So they were basically robin Peter to pay Paul in terms of making provision.

In literary he has made 9 months progress over 33 months of school (almost 3 years). I know for a fact this is a very poor ratio gain in terms of response to intervention. His teacher is lovely but I am deeply concerned he won't be able to sit his functional skills paper in Y11, or leave school functionally literate. Y 10 and 11 literacy is merged with English so he will get even less work on things like phonics. The school have now stopped writing targets for termly literacy, which we have had - sporadically - up to now.

Currently awaiting tribunal, as LA ignoring specialist speech advice both NHS and independent (as they know it will cost them £ - NHS say they don't have the specialist staff or the amount of time needed to deliver). NHS also didn't identify 2 speech disorders and would happily have gone along with 3 x appointments a year seeing no progress.

I feel so let down by school, the LA and parts of the NHS.

If we didn't fight for DS they would just let him sink.

Anyway, a familiar tale to many of you.

I don't think school will say they can't meet needs as it suits the LA to have DS there. So what do we do? School are just going to fudge provision all the way through.

I don't want to fall out with the head but I need to try and get this sorted. He says they don't have a TA available other than in literacy time and also they keep on about broad and balanced curriculum, and they resent the fact that he comes out of lessons for interventions.

AR and meeting with the head in next few weeks.

How do I tackle this big mess? Feel like disengaging and doing HE but have to work ptime and DH works full time self employed.

The time and energy we spend fighting systems is ridiculous and impacts on us massively as a family.

Is the literacy class he is being pulled out of actually at the right level and having any impact? low progress would suggest it is not. So it is possible that not being in the lesson is not actually having as much of an impact as you think. BUT they should instead be providing alternative teaching that is tailored to the right level for him....

If the provision detailed, specified and quantified in F isn’t being provided email the LA informing them and reminding them they are ultimately responsible for ensuring the provision is provided. If that doesn’t work email the DCS reminding them again of their duty under s42 CAFA 2014 and informing them if the situation persists you will be forced to pursue judicial review proceedings. Then, if it continues, you need a pre-action letter. SOSSEN can help with this, but the wait is long, so you might want to look elsewhere for a pre-action letter. Enforcement is only possible if the wording is detailed, specified and quantified. If it is vague and woolly enforcement isn’t possible.

Also complain to the school reminding them the EHCP is a legal document and the provision isn’t optional. It isn’t for the school to decide if DS needs the provision detailed, specified and quantified in F and lack of staffing isn’t an adequate excuse. If the school need more staff and haven’t got the funding for that they need to approach the LA.

It is unclear from your post if you want the current placement or not? If you don’t, are you also appealing section I? It is still possible to get another placement named even if the school claim to be able to meet DS’s needs.

Functional skills comes in various levels from entry 1 upwards, so, if appropriate and necessary, DS could start at a lower level. DS can always sit them later too. EHCPs can last until 25, or 26 in some circumstances.