DD (11) has had 'institutional neglect' for years

[singforsupper]

We have had a couple of assessments recently that have made me finally accept that for the 7 years she was at primary school they have failed her. There are so many things that should have been done differently but it's now too late to go back.

Has anyone had experience of either suing LEA for anything like this? It is totally unforgivable. Or am I being a bit OTT and reverting to 'special needs mum' type?

You can sue when they are 16. You will need fist to go through the complaints procedure though to get evidence of the failure now. It will be hard to prove. Failure is common and linked to people's expectations in this country. It is more usual to blame any failure on the child's capability.

'It is more usual to blame any failure on the child's capability' - that is so true. And yet have you noticed that any success is usually due to them?

No, OP, you are not being a bit OTT. The anger is understandable, I feel the same as you do, those wasted years... However, like Star said, it is difficult and you need to collect evidence and show both negligence and damage caused by the negligence.

I had an EP, the LEA one, tell me that this educational neglect was a possibility. That's how bad it is.

You see what they did was offer EP time to other kids with the pushiest parents, meaning dd was basically at the hands of an untrained LSA for most of the time.

The LSA was lovely but didn't have the professional input that she needed. It was the school that allocated time with EPs, not the LEA, and they were not updating programs with her, re-assessing her. IEPs which were almost entirely based around how far she was learning to read and write but there was very little specialist knowledge at the table. Times tables is still a joke. How can you have someone for 15 hours a week for seven years, one to one and not be able to teach them the times tables?

And now we've finally had some OT input which confirms all the things that could have been done but weren't, for all these years, because the input wasn't there.

Please don't let me descend into a fog of anger and blame, that's the bit I can't cope with but need to see through it because we've got another 7 years to go...

"failure is common and linked to peoples expectations in this country"
Starlight, what do you mean by that (sorry if I'm being dense).

I mean that if you have low expectations you won't see the point of getting expert advice on how to progress a child, if you think them not very capable anyway.

Trouble is I have always had high expectations of the staff and professionals that work with my child, and they have completely failed her. I respect their abilities, qualifications and skills. I am NOT a teacher and do not have the specialist skills needed to decide what she needs. It's about time they were a little more accountable.

If you're saying (I think you are) that the school have low expectations of children with disabilities, well that's just plain old disabiity discrimination and you can really get them by the goolies for that. Perhaps that's the route to take, but that is even more impossible to prove...

Yes that is what I am saying, but it is cultural, not just your school. And those that regulate this will likely have similar outlook.

You may be able to get an EP to give a cognitive ability test, and put in writing that your child has been failed. If you can afford a suitable private placement for a short while you may be able to show the difference in achievement and convince a tribunal to fund it.

It will be hard to prove as they will say the expectations are not low but they are realistic for the level they have assessed your child at. You will need independent reports showing what your dd can actually do that they have not identified or provided for.

So now she's starting secondary school and if she suddenly improves massively, would that be evidence?

Well if she is starting senior school they should pick up on all the issues she is struggling with. You could meet the head/senco and discuss your concerns with them and ask that she is monitored in the begining and that you want to meet and discuss what there findings are say every two weeks? Actually scrap that say you will EMAIL them and would like an email of their weekly or fourtnightly findings, then you will have evidence in writing and in response to the emails you can suggest the new school put in some stratagies for her also you will have a school report at the end of the first year to see what she has achieved or not achieved. If the school have implemented stratagies and the end of year report shows a move upwards do to the result of that change........then I say you got a bit of proof there

coff33pot excited at prospect of suing the pants off them for neglecting my beautiful baby. Anxious about getting exhausted by the process of doing it. [depressed]

New school want to do email contact immediately, have spoken to senco. Old school tried to NOT send all historic records to new school (and destroy the ones they didn't feel were necessary). They convinced me of this and then I called them back to say 'NO HANG ON A MINUTE'.

Good! so the senco is already aware of whats going on. And all historic records are important the crafty so and so's.

The fact that they have already arranged email contact is great and shows they are forward thinking Your DD can only go forward now. Keep the issues separate in your head. Get as much info for the slaughtering BUT at the same time act as if you have now started afresh with dd in a new school, with new prospects and hopefully good help and understanding. Work with them to help dd and have an active roll in this one in suggestions and implimentions.

Keeping it separate will mean you will handle it better. Yes you have a past to sort out but your dd has a new future looking good so far