Help needed for SA please - what legal status does the school SEN policy have?

[KOKOagainandagain]

Specifically are they allowed to say that they have certain provisions and interventions for SEN at SA and SA+ (eg dancing bears, alpha to omega) etc and that these fixed resources are then allocated on the basis of need?

DS2 needed different provision (1:1 intervention for narrative delay) but was given an alternative intervention instead (letters and sounds) as this is already delivered to a small group. The school did this even though the intervention was on the advice of a specialist teacher who had trained the class TA to deliver provision and he is a year above his chronological age for reading and complains that the other children are on a much lower level than him.

They have also ignored the advice from a specialist nurse that severe difficulties with attention combined with a complete absence of any 'natural' desire to please are a significant barrier to learning and that he needs support in the classroom. I was told that 'classroom support' was not one of the fixed provisions the school provided and that DS2 would not get support unless he were statemented.

I pointed out to them that this was the wrong way around - that provision has to follow need but they ignored me. In addition, there is no way that any child could possibly have £10,000 worth of these interventions and so will not qualify for additional support from the LA.

I am now complaining to the BOG (failure to keep adequate records, failure to communicate with staff teaching DS2 (external SALT report and advice sat on by senco for 4 weeks), failure to record visit by external expert or incorporate advice, submission of insecure levels at KS1 etc) but would like to beef it up and remind the BOG of their responsibilities to ensure that the school policy is in line with SENCOP and reflected in school practice.

Could you help me please? I can deal with the second part but am a bit stuck with the first. Is the school policy in line with SENCOP?

I've just read MrsShrek's comments on the post on chat that school provide the first 15 hours of 1:1 support.

Is this true?

Is there a quote?

The school are expected to provide the first £6000 of SEN provision from within it's SEN budget. This might help:
www.councilfordisabledchildren.org.uk/media/409191/cdc_funding_briefing_for_parents_-_final.pdf

Many thanks.

I can't find out what the Local Offer is as Essex haven't finished it yet!

But even according to their SEN policy it would appear that the school's interpretation is not correct/unlawful. As the LA argue considerable funds have been delegated they assume "that the pupil is already receiving support from the school’s Notional SEN budget (outlined previously) equivalent to 5 hours learning support assistance" at SA/SA+ level.

So, would this be five hours small group or individual interventions or would it also include in-class 1:1?

It seems rather anti-inclusionist to argue that a child with SEN should only receive interventions outside the classroom.

Also the school SEN policy says that the document is reviewed every 3 years or if new guidelines or requirements are issued if sooner. It was last discussed at a staff meeting on 28.11.11 and adopted by the governing body on 39.03.12. (ie before the change to funding).

Specifically are they allowed to say that they have certain provisions and interventions for SEN at SA and SA+ (eg dancing bears, alpha to omega) etc ......

All provision should be on an individual basis tailored tothe child and not to any specific diagnosis. It should therefore not ne assumed that because a child mau have for instance, ASD that they automatically need TEACH or ABA. etc. However, the triggers for placing a child on SA or SA+ are not 'set in stone' by law and the onus is on school to recognose when they are appropriate.

......and that these fixed resources are then allocated on the basis of need?

No - the child's needs are identified and the amount of support they require is assessed. If that support can be met within school's deegated SEN budget then school funds the support. If the amount of support reuqired exceeds what school can support from within its own delegated resources then school has a duty to request additional resources from the LA - usually acquired via the Statementing process. So the amount of support is not fixed within a school and can expand / contract according to the needs of it's pupils.

You're getting bogged down totally unnecessarily in funding issues. Fuinding issues are their (school and LA) problems - not yours.

For what it's worth - all school must follow education law.

All schools should follow the SEN COP - not all of which is actually law but is certainly good practice from which they should not deviate.

Your role is to identify what support your chiuld needs and ensure it's delivered. You don't need to worry about funding unless they tell you that your child needs x but they cannot deliver it because of lack of funding - that's when you contact the LA and demand funding / Statement etc.

Thanks Wet.

My problem is that external experts have said he needs support. The school were supportive until I applied for SA.

The school are now (last couple of weeks) not only pretending that they never received the advice but have rewritten his IEP and omitted all external advice and teacher obs of worsening behaviour 'despite best efforts'.

They are deliberately sabotaging SA.

Thanks Wet.

My problem is that external experts have said he needs support. The school were supportive until I applied for SA.

The school are now (last couple of weeks) not only pretending that they never received the advice but have rewritten his IEP and omitted all external advice and teacher obs of worsening behaviour 'despite best efforts'.

They are deliberately sabotaging SA.

Keep

What you are experiencing from school is commonplace when you ask for an SA.

Support costs money. That's when it gets nasty.

Just stick to the SA process and let them worry about funding - it seriously is not your problem.

Send them the external reports again - send them recorded delivery if necessary. It's a game to them.