Anyone fought the school and won?

[tiptoes]

Following on from my thread about my disagreement with the school on keeping my selectively mute DS in reception along with 3 other special needs children instead of moving him up to year one to be with the peers he has started to talk to,has anyone fought againest the schools decision and won?

Am running out of time due to end of term to resolve this and would value anyone elses experiences and whether it would damage relations with the school in the future?

Thanks caffiene for your advice

You know it's perfectly fine to have a statement AND be in mainstream, yes? Any child wth SN whose needs cannot be met by that school (eg, a place in an appropriate year group) is entitled to be considered for one, and YOU can apply for it. Again, IPSEA

SFPC -Thanks for that information.

I tried to contact the IPSEA today but no one was answering.Will try again tomorrow.

I was told by a lady from the LEA today that a school education improvements officer contacted her and told her he had spoken to the head and was satisfied with the decision.She said he went over all the things the school would do as far as getting to do year 1 work but did'nt mention the selective mutism aspect and also as she pointed out has only heard the school's point of view and has not made any contact with me at all for my opinion.I thought it was important that the school,professionals and the parents all have an input when making important decisions about a SN child?

Cat64-There was approx 54 children in the recepion class and have now been split into year1,year1/2 and year 2.My ds and 3 other children all with SN have been put in a mixed R/1 as they are calling it.They say the limit for year 1 is 30 children and they can not go over that amount.Not a good enough reason as I have been told as that is not my DS's problem but the schools!

The bottom line they made this decision without considering DS's selective mutism and on other factors such as enviroment,class numbers and education.All important I know but with all the progress DS is making with his peer group this last couple of months this could be so depramental to his progress in the future.
It took Ds 8 months in reception without talking to fianally get the confience to speak to a few close friends within the sliding-in sessions with me present and now they are moving all those peers he has connected with up to year 1 without him

Cat64-Have asked school for address of Head of Governers for the school and will be drafting a letter to him so presumbably the governers are in touch with each other through the school holidays.
Have recieved copies of letters from SALT and paediatrician which were sent to the head saying they disagree with thge decision made by the school and recommend it could set DS back in his progress.
She wrote "I feel very strongly that for xxxxx his social needs should be a priority and I understand this is part of the code of practice and that the issues thst you have highlighted as reasons for new clases include social,friendships,special educational needs and motivation,and in all these areas I would suggest xxxxxneeds are met by staying with his cuttent peer group.Clearly it is important in all these situations to have had early disscussions with all those invovlved including the family.I hope that you will be able to reconsider your decision."

Don't see how she can ignore that!!

Thanks Cat64

an update.The Head is still adamant and stands by her decision.She has sent a letter to the paediatrician saying this and outlining the decision.It know seems that 8 children are staying back not sure if they all have SN.
It would be useful to me to have a copy of this letter that was sent to the doctor and the education improvements officier.The SALT said she could not send me a copy as she would have to get the heads permission,difficult over the summer holidays. Should the head have sent me a copy so I knew where we were as far as her still not changing her mind.

Is anyone familiar with the SEN code of practices and whether because my son has SN an exception can be made to a class of 30?

I think it would be polite if nohting else for you to get a copy of the report/letter from the head. I'm not sure they HAVE to send you one though.

Its a ridiculous situation, I hope you will be able to get things sorted ASAP when he goes back, before htey potentially do more harm then good.

Emmalou78-Thanks for your reply.You would think I would be able to see this letter as it outlines in full the reasons behind the decision.
It also states that cannot take special requests into consideration as everyone in the school cannot chose which class they will be in.

I thought that was the whole point of the SEN code of practices that exceptions were made for SN children to make sure they are in the correct classroom setting.From what I understand that is why the goverment set this up so that problems like this do not occur and SN children do not get discriminated againest.
I just get the feeling I am fighting a losing battle here,but will give it a bloody good try!!!

Thanks cat64-that makes it a bit clearer for me.
So in effect if the head had consulted with me and the professionals before making the decision we may have come to an agreement about placing ds in the correct grouping.Rather than making the decision herself and leaving me with 4 days to sort it out.

Can you get in touch with the Inclusion officer at you County Council? explain the situation to them, and why you feel they are giong against teh SN code of practice what the issues are and what the imlication of teh schools decidion against prefessional advice will be for your son, and hopefully they'll be able to put a case forward for you.

Emmalou78-I will find out who the inclusion officier is for my county council.I will check out the website.
It's getting very confusing.I have spoken to so many people with regards to this and am keeping a written log of phone calls etc I just seem to be going round in circles and not getting a straight answer from anywhere.
I have got more practical advice from you guys here on mumsnet,thanks.

Message withdrawn

Cat64-I checked the website for the inclusion officer but not sure how up to date it is and I could'nt see an inclusion officer listed.Will
check again today.

Snorkle-It just seems at the moment that everyone is listening but not really hearing,if you know what I mean.

Talked to someone at a mediation agency yesterday and she told me that when the professionals have a meeting at the beginning of term to review the details that it may be the case I won't be able to attend.She said this can be normal practice as I may find it upsetting when they discuss details about DS.
God,don't they think I am upset already having to fight for something that should have been orgainised correctly in the first place.
Yet again I feel my voice will not be heard and who apart from the professionals know my DS best,his mother!!

Forgot to add I was very annoyed with the comment that they can't make an exception for ds as everyone else does'nt get to choose what class they are in.Fgs it's not just the case that I am saying I want special treatment for DS but I do expect them to realise that their decision could have a depramental effect on ds's mental health.If they can't see that I as *** mother am looking out for his best interests and not just being a pain in the arse then they are in the wrong job!!

sorry this feels like a losing battle, but the advice you've had so far is good, i'd keep at it and request a meeting with someone from the SEN department in the lea as a matter of urgency. i work for an lea and have close workings with those responsible for children with sen, so know what lengths some parents have to go to in order to get anywhere. its unfair i know because you shouldnt have to struggle to get whats right for your ds and its appalling that parents and children are treated this way, but leas are very bureaucratic! i would insist on speaking with the SEN manager or the equivalent, but certainly someone with greater responsibility. you could also request a professionals meeting to discuss your ds in the new term to see whether jointly everyone can come up with a better way forward.

Thanks caffiene.

I have tried to find out via website who the SEN manager is but it's very confusing and when I ring I seem to get passed from pillar to post never really talking to the correct person.
I will try again today.

Have you thought of looking at this from the Commissioner for children's point of view, i.e. a human rights issue based on discrimination due to a disability?

worth a try. If the school receives a letter along these lines, they might clean up their act.

mamadadawahwah-I had,nt thought of that.I was hoping and still am that the head will come round after she has had a meeting with the professionals even though she has ignored their advice so far!!

I will look into it,anything that will help widen my options,Thanks.

Update.
Spoke to an educational improvememts officer yesterday who had a letter copied to him and the doctor and SALT from the Head stating they had not changed their mind.Also reasons behind the decision.I asked for a copy of this letter but he explained I would need to get one from the doctor as it was only copied to him.

On explaining my side of the story he said I had given him lots of information that obviously was not in the letter and he would pass this on to the head of his department .He gave me some hope as he sounded as if the head had not got all the information at hand from my side.