Can I insist school find an LSA to support ds outside classroom but in school?

[Icedcakeandflower]

I'm waiting for his statement to be finalised, and have asked for an independent school following his current placement telling the LA they can't meet his needs

DS is so traumatised by the classroom he is unable to go in there, and for the last month has been attending approx half a day in a separate room 1-1 with an LSA.

However his attendance is dictated by whether the school have someone to work with him. For example, this LSA only works mornings 4 days a week and only part of the morning on one of those days.

So I'm at the school's beck and call to pick ds up. He is unable to go back into the classroom.

Can I insist that school provides someone to support him outside the classroom? He would not be able to attend if he had to go in the class.

I'm no professional, but I don't think you can insist, I'm afraid. School has told you they can't meet his needs, and until his statement is finalised there is no money forthcoming. Once his statement is finalised, it becomes legally binding, so at that point he should be in school. When is the statement due to be finalised?

Thanks Galena. By a miracle I've managed to get through to Ipsea - they basically said ds has a right to a full-time education, and under the Equality Act 2010 there has been a duty since Sep 2012 to provide auxiliary aids and 1-1 support where required; it would be a case of disability discrimination otherwise.

So I thin I will press my case

Are the school recording all the times he is being sent home? You must make sure that this is all documented because if the statement needs to be appealed to get it right you need ongoing evidence that his current placement can not work.

I'm not sure what exactly the rules are in this circumstance but I'm sure there are others here who know more about this situation more specifically.