Tribunals can flout the law re ABA

[GloriaTheHighlyFlavouredLady]

I've name changed but those who know me will know who I am probably immediately.

We have a tribunal approaching and the 'advice' I am getting is that we are unlikely to win ABA despite having shedloads of evidence of it being the only 'appropriate' approach and cheaper than the LA's alternative.

The reason for this, apparently is that the tribunal will not rule that a HT accepts ABA provision in her school against the HTs wishes as this will undermine the HT and cause conflict in the school which is against the best interests of the child.

Therefore, all a LA need do is insist/train/bribe all their HTs refuse ABA to erradicate it from their LA.

Further, despite my insistance that ABA is a support tool to enable a child who would otherwise be unable, to access the National Curriculum, in the way that a hearing aid would leading to a possible DDA issue, the response to that is that ABA is NOT an 'aid' but a 'method of instruction' which the HT only has authority over and gets to choose which she will allow in her school.

Does anyone have any thought or words (apart from swear ones)?

Are there any new free schools opening around you?

Yes. There is one within walking distance -just. However the SENCO that is standing against us at tribunal is going to be the 'consultant senco' until they have got enough year groups behind them to employ their own.

Good idea though.

I know its a long shot but the opposition of this Head may melt away. Afterall she has kept a place free and will lose funding if it isn't filled.
I suppose it depends if you think you can pull things back with the school.
We had similar issue at nursery with nursery bullied horrendously for daring to suggest ABA was you know ok and DS was doing well on it.
As we got ABA before we had to apply to school (skin of our teeth, 2 months before form due) no school refused to have ABA. Had we been looking without the tribunal judgment there would have been plenty told to refuse.

We both know within a month the school would be won over

We have new school. New teacher to school who has the t-shirt in autism apparently, always worked with eclectic / outreach etc. Couldn't understand why DS needed 1:1 (mouth hits floor). Not entirely there yet (still hasn't grasped the behaviour plan, mainly because DS is so well behaved on it) but already despite significant scepticism she is making comments like 'its a pity all children on the spectrum can't have this'.

I think you could say if the tribunal order it would HT give it say a term's trial.

It is stupid many teachers would be so glad of an extra person in class and many of our tutors get roped in to 'take a look' at other children and give advice.

I know you had a crap panel last time, but banning ABA from all schools just looks so mean

The ABA free school on my doorstep got the go ahead by the way, so even Mr Gove approves.

I think this HT's opposition is that she doesn't think my ds' needs are great enough to warrant the hours in his statement and therefore resents having to spend some of her delegated funding on him and is trying to put us off. She can fill the place a hundred times over with grateful mc parents with children without SN.

She also loses her 'control' to use his statemented support funding on other children through the justification that ds needs to learn how to be independent etc etc. if the tutors are not of her own chosing.

Finally, if word gets out that she had ABA in her school then other desperate ABA parents........

This is a poitical battle and there is far more to it than ds and his needs.

But you're right. I DO think if the HT could just put up with it for one term then her objections would melt away. If we can have a good working relationship then I have no problem with DS' tutors offering their expertise and time to others as I trust them to be certain that they HAD spare time i.e. ds was doing okay without them.

In his current placement the staff have commented that ds' tutors have raised the language levels and social interaction abilities of more than just ds as social group lessons HAVE to include more than one child and not only that but the staff copy many of the strategies. It is a very lucky class indeed.

Unfortunately the placement staff will not back us out of fear. They are happy, delighted even, but only whilst it doesn't cause them any trouble.

But I do have something to suggest to the head.

She will be asked (As all schools are asked by this particular solicitor - who now works for several councils to stamp out ABA) to write a strong letter of opposition to ABA for the final tribunal deadline.

However, she is missing a trick. If her letter says that she is not prepared to manage or take responsibility for ABA in her school and will not be hiring ABA tutors as LSA, BUT IS prepared to accept it in her school as an LA commissioned service like SALT/OT then she gets to keep all of her delegated funding and get ds' support on top.

She also reduces her risk of a DDA/Equity Act/Human Rights accusations etc.

She told us a long time ago, after having met ds, that the LA don't put hours in statements any more, that he wouldn't get 1:1 anyway unless she applied for exceptional needs funding and that she wouldn't because he wasn't anywhere near severe enough, and that in the extremely unlikely event that he did get TA support she wouldn't deliver it and I'd have to take it up with the LA.

Oh God, what a nightmare. How is it these people get away with constantly saying children aren't 'bad enough' when they have reports and statements telling them what children need.

Schools annoy me on this issue. They would be the first to moan about being dumped on and would complain 'we're teachers, not experts' if they were left without external agency support etc. But call in outside agencies and get a statement which lists provision and they start to moan and undermine things without a second thought.

Look for another school - seriously with a HT that ignorant you'll spend your life having stupid battles over sheer nonsense (reminds me of DS's previous head who refused a copy of the week's timetable on the principle that parents don't ned that info). New school had no prob photocopying class scehdule.

For some it's about control that head sounds as if she finds ANY statement a threat to how she runs things - aba will never ever work there if only cos she'll go out of her way to make the tutors lives hell in the staff room.

Find a school with nothing to hide and an open attitude to parents knowing generally what happens in their classroom. A win at tribunal with a bigotted control freak like that will only be a phyrric one.

OKAY ALREADY!

(can someone please tell my Dh)