what would you say to this

[whatcanbemynewname]

Am posting on behalf of someone else but they are fully aware of this.

Background
I have worked with a little boy with DS and his family since he was 2 and half whilst at playgroup, I have also worked with this little boy at home whilst he has been unable to attend due to him having leucemia .

Well anyway he is due to start school in September, which the Dr has said he can, however he has been refused LSA support in school and offered some home tution instead. Which in my opinion would not be good for him as he now needs the social aspect of school.

So his parents unhappy go to SNAP and the authority have now said he can have 1-1 but it would be the home tutor as a 1-1 as they have agreed to a contract and that is that. He would be only allowed to school for those hours. No hours have been dicussed.
They also asked in March for a stat assessment but was not granted 1 they had a letter refusing this last week.

What would you do or advise?

I'm sure other's more knowledgable will be along soon, just a couple of thoughts, how old is he? if he is at the age to require 'full time education' (there is a legal definition of when that is.) then they have a responsibility to provide don't they? If they are saying he can only attend for certain hours then they are excluding him for the other hours, and I don't think that is legal?

It all is a little fishy
He is not stat school age til next september but he would then be in year 1. Here though the admitions is term in which you are 4. So he could have started a a term earlier but didn't.

on what grounds are they refusing? Does he have a SN?
He is entitled to an education by law, but the LA dont have to give him anything till he is of stat school age if |I remember rightly.

ipsea is good and has plenty of info and I'd certainly suggest they ring one of the helplines, I'm not sure what stage he's been refused at but they can certainly appeal the decision.

He has Downs Syndrome, he is lovely but has his difficulties, no speech but understands lots and lots, he has mobility problems due in part to chemo, he is not eating and is tube fed. They are refusing him on medical grounds. Saying that he needs part time home ed then eventually some way down the line school. Which goes against what the doctor said.

So he has Downs Syndrome, no speech, mobility problems and is tube fed and yet he has been refused a statutory assessment - on what grounds was it refused exactly?
He clearly needs a statement as I would have thought a school would be hard pressed to meet his needs from their existing resources - unless it is a SN school - in which case he presumably needs a statement to go there in the 1st place!
You say they are refusing him at school on medical grounds - I assume he has finished his chemo treatment if Dr says he is fit to start school. Tube feeding is not rocket science so I'm sure they could easily get someone trained to do that - if its needed in the day. From what you say it's hard to see what medical reasons are preventing him from going to school.
As The Ninja suggests, I would seek advice from ipsea re getting a statement.

Parents would like him in MS and Ed psyc agrees with the right LSA at this stage he would cope. He would not get into SN school without statment. They refused a assessment on medical grounds saying that when he was in school they would re loo at it. He should be peg fed early in Autumn but his mum said she would come in to do his feed if needed. He was refused a assesment 5 months after applying. Now as far as I know there is a 6 weeks limit before you must hear back?

Thanks BTW for all the help so far. Is IPSEA a England oranisation as am in Wales.

Ipsea is a charity offering advice to parents of children with SEN in both England and Wales

Ok thanks