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limited support from school despite statement

4 replies

reahead · 17/09/2010 09:37

Hi can anyone tell me were I stand with this??? I have just had an annual review of son's statement and asked for a complete breakdown of the hours the school are giving and have given son only to find they have only been given 8 hours per week and intend to give 10 hours for this academic year.

Statement is for the school to provide 15hrs out of their own SEN budget and for the LEA to provide a top up of 5 hours = to 20 hours total. This can be in small groups and 1-1.

Is it no wonder child has not made progress!!

I cannot claim back the educational hours for the past two yrs but what right do I have to take action against the school and against the LEA for not fulfilling the statement hours??

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mycarscallednev · 17/09/2010 10:00

Take a look at the Lamb Enquiry on the internet, and go to the Equality and Human Rights Commision site and look up Disability Discriminatiion Act code of Practise for Schools, - sorry to be so abrupt, but just off to hosp appt, but am in this situation myself and know how angry you must be, will come back to you later!! xx

reahead · 17/09/2010 10:34

thank you, hope all goes well with the appointment

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AgnesDiPesto · 17/09/2010 10:51

Look at IPSEA or ring them they have section on website what to do if statement not fulfilled
You can make a formal complaint to LA and once exhausted their complaint procedure can go to Local Government Ombudsman (LGO) for the past failures. However can be tricky if the LA did not know but it was delegated to school.
You could complain to governors
If its an Academy the LGO can't get involved.
LGO has some new powers to intervene in internal school matters but only in a few limited pilot areas - you can ring their helpline to find out if includes your area

If he does not get 20 hours a week from now on you may be able to go straight to LGO (once you have notified LA and given them chance to intervene) if provision is not being made they can intervene even if you have not gone through the complaints procedure.

The first thing you need to do is tell the SEN officer because you have more options if the LA is failing then if its at a school level - and follow up in writing. Find out do they already know ie have they paid the school for the extra 5 hours??If they have not then in essence they knew the statement was not being delivered.

You need to ask school for evidence of the 1:1 hours eg a timetable / the TA contract.

You could ask for an urgent meeting between the school and the SEN officer (take someone with you) to discuss and ensure that 20 hours a week TA time is allocated immediately.

You could involve your local MP

reahead · 17/09/2010 13:05

blimey, your a wealth of knowledge! thankyou

Inclusion officer has been notified and the school is to propose and re-submit a timetable of hours (first one was for 10 hours). School claim they just thought they had to fulfil the 5 hours in the statement without using any of their own delgated SEN budget. I have been waiting 2 days for the new timetable meanwhile son is only getting 10hrs support.

Son is in yr5 and performing at at a yr1 level.

The LEA have been paying the school for the extra 5 hours for 2 years.

I,m shocked this has been happening and have trusted the school to support as necessary. What and idiot I am:(

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