School not providing what's in our hard-won statement - what should I do?

[bialystockandbloom]

So, after 18 months of fighting for a decent statement, we finally got it in early January this year. It specified 25 hours of TA trained in ABA by our supervisor.

The school have still not recruited anyone for this position, nor provided anyone in the interim.

They provide 1 hour a week of 'expert' support from their in-house ASD "expert" support staff (a mum with an autistic child herself, and who has/is doing a "masters in ASD" whatever tf that means ). I think she does role play stuff with him. This is not something we have requested, nor has it been demonstrated that ds is benefiting from this. In addition, while well-meaning, her 'techniques' are sometimes at odds with our ABA programme.

He has 1 day a week support from our own ABA tutor (who we pay for).

Other than that he has no support whatsoever. Let alone what is actually in his fricking statement. None of the SALT specified. Nothing.

I have spent this term emailing them, having meetings, writing IEPs for them, sending them our targets, trying to ensure the class teacher/support staff talks to our ABA tutor to ensure consistency, working from same targets etc etc etc. I am being constantly fobbed off by Deputy Head/SENCO with pacifying replies blah blah blah.

This is not only the case since the new year when we finally agreed this statement, but he started last Sep with a statement of 20 hours and they provided nothing that term either as they were "seeing how it went" and "seeing what support he needed". We didn't kick up a fuss about this at the time as we wanted to keep them on side while our tribunal appeal was ongoing. Now this is resolved and they are still stalling (in the meantime have been pocketing two terms' worth of money of course) I am beyond livid.

What shall I do? I was thinkning my next step is write to the Headmaster. What should I threaten him with say?

It's not the school's statutory duty, it's the LAs.

you can threaten them with Judicial review plus reimbursements for your forced expenses of the one day a week ABA tutor.

But best talk to one of the charities. Presumably you have evidence of your trying to address the issue?

What about going after someone yourself and presenting it as a fait accompli?

Welllll I am in the same kind of boat with DS school in that they have implemented none of the statement.

I basically emailed the LA (chose the deputy manager rather than the officer) advising that to my knowlege the statement finalised on has not been implemented and thereby request their intervention to ensure the school start acting upon it. Stated my reasons, any convos I have had and copied it to the HT. Also said I would me more than happy to meet them to discuss further.

I got phone call within 2 days and a meeting pretty sharpish in a couple weeks, after I refused a meet miles away date wise. Try that :) It is the LA that is in breach so their job to sort it.

Ah that's interesting - the school have reported it to me that it's their responsibility to recruit. Is this not true then?

What would they do - just give the school a kick up the arse?

Who would I go to at the LA? Have no idea if we have a case officer - all negotiations for appeal were done through solicitors.

moondog I offered to do the recruiting but was firmly declined on this...

Ipsea Standard Letter

It is definitely the LEA you complain to as provision is ultimately their responsibility. Let them be the ones to give the school the kick they need.

IIRC the school has 6 weeks to put in place provision in the statement not 2 terms!

It will be the LA's responsibility to recruit if the school have not and they can bill the school for it. You could offer to save the LA some of the trouble as well as a potential JR by telling them you have just the candidate that can start right away. They can insist the school accepts the TA if they want to.

Thank you all very much.

jaxx thanks for link, very helpful indeed

As in who to contact. I just looked at the caseworkers name on the initial letter with the original proposed statement. Because I disagreed with it it went higher and so I have started from the higher point this time lol. I would just ring or email and ask for the deputy managers name :)

If you don't know, you can always send it to the Director of Learning Services or the Chief Exec. They'll pass it to the relevant person swiftly.

"8:6 However resources are provided, schools and LEAs have specific duties in relation to children with special educational needs which funding for SEN should support. Community, foundation and voluntary school governing bodies are required under section 317 of the Education Act 1996 to use their best endeavours to see that pupils with special educational needs receive the help their learning difficulties call for. They are accountable through their reports to parents for how resources are allocated to and amongst pupils with special educational needs and the effectiveness of their provision for SEN. LEAs have a duty under section 324 of the Education Act 1996 to arrange the special educational provision in a child?s statement. LEAs may provide the facility in their funding arrangements to intervene where a pupil is not receiving the provision in their statement and make the arrangements themselves, charging the costs to the school?s budget." (SEN CoP pgs. 95-96)

Go to the Director of Children's services or equivalent and don't think of wasting time with the LGO. They have a very weird approach to this as they seem to think that the duty on the LA to arrange provision is a duty to do naff all and just hope for the best and if it takes time, well, delay is inevitable with these complicated SEN children....

Interesting that the courts don't take that view...the duty to arrange provision is exactly that - a duty to arrange provision - and no excuse is acceptable. Not finances, not lack of staff, not failing to be aware of the delay. The courts see this as a unilateral variation of the statement which is a matter beyond the LA's powers.

The point is that LAs and schools have months during the SA process and beyond, before the issue of a statement, to make arrangements to get the provision in place. There is no excuse - this is the child's provision and he has a right to it.

It makes me so angry.....

This makes me really too! School need a rocket up their backsides. Go over their heads to the LA and things should start moving. Reminds me of our last school where it took 4 months to employ the 'right' person who turned out to be as much use as a chocolate fireguard. We got the sm in October and when we asked in January when the support would start they said they couldn't take him out of class until afer the SAT's in May.You couldn't make it up! Why are some schools so frigging useless???
Sorry - rant over. Seeing this thread has bought back some bad memories. We have now moved counties and the new school put support in and got the professionals involved straight away . Ds is doing o.k but school admit they are having to put right the damage done by the previous schools he attended . Hope you get this sorted - keep on fighting.

Bialy, this is outrageous.
Nearly an entire term without specified support???
Sickening.

Thank god I asked here - had no idea about the LA being responsible.

This is why I love the MN SN board. Support, advice and understanding.

bialystockandbloom

Basically this is down to central government policy, getting various government, and local government agencies blaming each other for the lack of central governments lack of willingness to pay for the special educational provisions our children need. The politicians decide on education budgets, and thye do not make these decisions with regard to our childrens needs, however well established, but based on the level of taxation they are willing to raise and use to pay for UK education. So until you have a national political party putting the needs of children, and especially children who may have SEN needs at the top of their agenda at for a General Election then this inter government department blame game will continue.

"bialystockandbloom

Basically this is down to central government policy, getting various government, and local government agencies blaming each other for the lack of central governments lack of willingness to pay for the special educational provisions our children need. The politicians decide on education budgets, and thye do not make these decisions with regard to our childrens needs, however well established, but based on the level of taxation they are willing to raise and use to pay for UK education. So until you have a national political party putting the needs of children, and especially children who may have SEN needs at the top of their agenda at for a General Election then this inter government department blame game will continue."

I don't know that it is so helpful to decide who is to blame, tbh. The fact is that there isn't enough money to meet all the needs of all the people in the country. Decisions have to be made.

What we, as parents, can do, is to question everything, and wherever possible, go back to the original source document that policies are derived from. Not everyone will have the time/energy or ability to do that, but that's where the SN board comes in.

Some people can read complex documents and unpick them into useful nuggets of information. Other people are amazingly practical and innovative in problem solving. Yet more people have a specialist skill or knowledge about a specific area of development. Some people are just brilliant at honking

The SN board is a team of sorts. Together Each Achieves More.

The one thing that I'd love every parent of a child with SN to understand is that whilst the political battles of service providers may be interesting and entertaining, it is not for the parents of children with SN to be dragged into. The law is simple. The law is clear. The guidance document, which everyone can access freely on the internet or even have a hard copy of, is the SEN Code of Practice.

It isn't for parents to delve into the funding formula or researching the opinion of certain bodies. They simply need to know what is required of the Local Authorities and frame their communications around that.

Obviously, some LAs are deeply unhelpful. In fact, I sometimes wonder who is more unlucky - Herts LA or Starlight? I suspect Herts feel very unlucky whenever they see her name on a document But as a case in point, Star knew she wasn't going to get anywhere by just stamping her feet and saying 'it aint fair'. The trick with LAs and schools, is that they get so wrapped up in their own policies, that they forget that their policies have to comply with the SEN CoP.

Sorry....rambling...I get a bit passionate about it