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Manual Handling.. 'obligation' to lift DS..

12 replies

JESSnutsRoastinOnAnOpenFire · 17/11/2005 09:16

I am sitting here mulling over whether I should ring school to discuss this with DS's one-to-one. He goes to school on transport.. he is 5, about 3 stone, and can't walk.

This morning, the taxi escort has told me that DS's one-to-one said to her yesterday that she - the escort - is supposed to lift Alex in and out of taxi/wheelchair as it is not her job. Escort is concerned and said 'can you advise me on how best to lift him?' I said 'Ha! Nobody sends US on manual handling training.. WE are just parents.. our backs don't matter!' But in reality, I think that no-one is actually OBLIGED to lift him (except us of course! We have to back problems to prove it!).. because of liability etc.. is this right?

I told escort she could contact the the LEA/AEN dept and ask to be sent on manual handling course.. but that if she doesn't WANT to lift him, she doesn't have to either.

Not sure where this leaves us though. The LEA have failed to provide an appropriate headrest for his wheelchair so that he can travel in it. He doesn't 'need' a head rest per se, but it is a legal requirement for children travelling in wheelchairs on buses/adapted cars. Been down this route last year when he travelled on a council bus and not a taxi. Gave up in the end. There was an ongoing argument between LEA/AEN dept and the wheelchair service as to whose responsibility it was to fund the headrest.

Should I ring and leave a message to one-to-one to ring me, and tell her that the escort isn't obliged to lift him either? (We lift him in and out of the taxi when it picks him up and drops him off obv.) He is not a totally-wheelchair-dependant child.. he crawls around at school/uses a walker.. but he needs a wheelchair for getting from A - B.

Should I ring? And what should I say?

SJ x

OP posts:
baka · 17/11/2005 09:25

This isn't your problem to sort out - it;s the LEA's. I'd ring someone quite high up if you can get a number and make a fuss. If not try your statementing officer as a starter or ring transport. If no-one is willing to lift him in and out of a taxi they will have to provide a bus with a ramp lift thingy.

JESSnutsRoastinOnAnOpenFire · 17/11/2005 09:28

That's the thing though baka.. he HAD a bus with a ramp last year, but he wasn't allowed to travel in his wheelchair even then because no-one will provide the headrest which is a legal requirement so I'm told. So he was being lifted in and out of that as well.. which was a lot harder work. It's just a normal car now.. but clearly, the one-to-one is whinging.

OP posts:
edam · 17/11/2005 09:33

This must be so aggravating. Just a thought, but do you think your councillor or MP might be worth a try? Both should be experienced at putting a rocket up official backsides where necessary. You could (if you have the energy - it must be very draining fighting these battles) also contact the national children's comissioner, Al Aynsley Green. He's meant to ensure joined up thinking amongst national/local government so children's needs come first, not quarrels about whose budget it should come out of. Don't have contact details for him myself, but google should find them.
HTH

JESSnutsRoastinOnAnOpenFire · 17/11/2005 09:45

Thanks Edam. That's handy info to know. I have just phoned the tranpsort office at the LEA and been told that it's NOT a legal requirement for the wheelchair to be fitted with a headrest in order for him to travel in it.. and moreover, if they DO fit one, this renders the insurance on the wheelchair null and void because it will have been 'adapted'.. (like if you alter a car and it invalidates your motor insurance..'

SIGH!! The transport office are phoning the school. I will update you. What a joke! They are telling me something SO different to what they said last term..!

OP posts:
baka · 17/11/2005 10:05

Jess it's just occurred to me - is he at mainstream? If so this is definitely up to the LEA to sort out coming under the heading of 'things we never thought about when some brainbox thought up inclusion" and I would inform the LEA of the problem, write to MP and local councillors (who are usually better ime), copy letter to all and sundry, tell the LSA and escort that if they don't want to lift him then not to and leave it to them to sort out. It is not your job to act as a go between- people are paid money to sort things out like this. It happens easily- I spent half the time ds1 was at mainstream trying to patch up all the policy gaps- I look back and think I was mad!

If he's at special I would just talk to the head. The2 children on ds1's bus in wheelchairs have head rests iirc i'll look tonight. A lift gets them on and off the bus.

JESSnutsRoastinOnAnOpenFire · 17/11/2005 10:13

Yes he is at mainstream. And your advice is more or less exactly what I AM doing.. except I am hoping I don't need to go down the MP route but will if I have to. Thanks baka.

It's sometimes hard to find the energy for all this isn't it!

OP posts:
baka · 17/11/2005 10:25

Have to say going to special school was a huge relief. I didn't realise until I stopped doing all the running around just how much I was doing. It makes me so mad that parents, who frankly have more than enough on their plate end up doing all the work.

pixel · 17/11/2005 13:28

I was told last year that the escorts weren't allowed to carry my ds in and out of school from the taxi when he refused to walk. They said it was because of being responsible if they tripped or dropped him (to be fair he is very hard to carry, he wriggles and struggles the whole time). Strangely there were no complaints about actually lifting him in and out of the bus. Seems different areas (and taxi companies)have different rules.

doormat · 17/11/2005 19:55

There is another option here and I know it is drastic but I did it a couple of years ago and that is to

refuse to send them to school on the safety aspect

Ds kept on coming out of his harness and escort was worried he would fall. I contacted wheelchair centre and they said they would send out appt. After 2 weeks of waiting for appt, situation got worse. So I refused to send him to school until matter was sorted. I contacted the school and the wheelchair centre of my intentions
and followed them through

within a week it was all sorted.

As if us parents havent got enough to do
without having to argue our childrens rights and corners all the time
makes me so

have you tried contact-a-family, they gave me some great advice re the adaptations that the local council want us to pay an extra £9000 ( which when costing was first done was told would be well under £25,000)to do. Am still in process now.

I have been to local MP and they do put a rocket up their arse, but you have to keep pestering.

As for escort, i know they are not obliged re the manual handling as it is a health and safety issue for them and your child.

As for the adaptations I am seriously considering sending my ds down and dropping him off to housing dept and telling the pen pushers to carry him around as I cannot lift him anymore.Havent been able to for months.
I probably wont but it is a thought as I cant take their beaurueacratic bullshit anymore.
Sound nasty dont I, but just at end of tether,
sorry for the rant

hope u get a speedy outcome SJ

baka · 17/11/2005 20:13

No you don't sound nasty- unfortunately its the only way. When ds1's statement wasn't being met they ditherd and dithered for months making vague promises. Until I wrote to an LEA bigwig and said if I hadn't heard from them within 2 days I would be reporting them to the local govt ombudsmen. it was sorted by the time I specified. It shouldn't have to come to that. I really resent the fact that these people are paid to do a job that parents end up doing. Grrrr.

doormat · 17/11/2005 20:16

That is the next step baka, the ombudsman
like your new name btw
but you were comfy as jimjams iykwim
glad you are ok

baka · 17/11/2005 20:20

I was touched by your thread! I think I'm in a permanently grumpy mood these days so baka probably suits me

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