Very annoyed because the LA say a toilet chair is not 'educationally necessary' for a child with CP in MS school setting!

[Sneezecakesmum]

Poor little DGS is desperately signing for a poo to his poor TA and looking very distressed because its impossible to do his poos in a nappy.

Also signing for a wee and she can do nothing

OT have had the request returned refused so has resubmitted it and meanwhile the poor little boy is using the toilet at home but not at school.

He has a hoist. Educational???

Where do we kick off to?

My guess is that this becomes a disability discrimination issue. Complain to the governors, with an explanation of why it's necessary for your DGS (enables access to an educational environment that he wouldn't otherwise have - I'd keep him home if he's in pain because he can't go). Ask them to put pressure on the LA, with the OT, to enable them to make the necessary adjustments. Failing that, then it's SENDIST for discrimination according to the Equality Act.

Absolutely go for EQA claim, so sorry you are experiencing this blatant discrimination as a result of a resource issue. They will supply the equipment required once a claim is in I would have thought. You could ask the LGO to deal with this as an urgent matter without having to go through complaints process given the daily impact on your child?

That's crazy! Does he need a toilet chair, one of those heathfield things, or can he use a normal toilet with appropriate supports? We had specialist supports put in on one of the toilets befor DS started reception with no problem but it is in his statement under the OT section. There is a sentence about OT providing all equipment so he had had handrails, two different chairs, cutlery, toileting adaptations etc. they are also looking at better access for the swimming pool that is only used in the summer! The statement does help though, is ther anything in your DGS statement in this?

He has a seahorse sani chair at home and they want something similar at home.

What's a LGO and where do we contact one?
We've not has a problem before so have not had to fight any battles!

We have a senco multi disciplinary meeting at school today so it's going to be high on the agenda.

We are anxious that it doesn't come out of the school budget (it's about £1000) because they have done so much already.

I will ask DD if there is anything in DGS s statement. She's had a bit of PND since DS 2 came along so is only now starting to get organised and back on track with paperwork.

The disability discrimination act is perfect for this and as you say we want some fast action. He was also crying with pain because his feet have grown over Christmas and his shoes are too small. We have been given a very quick ortho appt but as that is from the hospital budget it should be quick getting new shoes.

Local government ombudsman is LGO, we have a finding in relation to toiletting equipment. It will come from the education budget not the schools but that isn't your concern. Good luck and stay focused they will try to confuse you and appeal to you to empathise with them but you are asking for what your child needs, they are the unreasonable ones

Had a multi disciplinary annual meeting today and the toilet chair came up. All the school people and the OT that does all this equipment ordering want the chair, but it is the education budget controllers that have refused. (We are now clear on that at least). The request has been resubmitted with a few cross words from the 'team' so we are still waiting for a reply.

I told the OT to let me know if there was a problem and I will shake a few trees!

The budget issue I'm not going to worry about but apparently the whole thing is changing anyway.

Thanks btw. It's been useful to know who the right people to go to are

Thank you.

I think this is definitely an Equality Act issue and also possibly an degrading treatment under the Human Rights Act. Appalling. I would take this very seriously and send the letter to the Governors and the head of SEN at the LA

Degrading treatment is under Article 3 European Convention on Human Rights which is implemented in this country by the Human Rights Act. Hard to prove but worth flagging up as I think this is really appalling.

Sounds like its a battle between Health and Education (who pays for what) and your dc is in firing line. Of course it is educational - facillitating independence in self care is part of a school's responsibility. It will be sorted as it is preposterous.

It is degrading for him in a school setting but he doesn't appear to have picked up on that at the moment but he gets physically in pain when he needs to poo

I'm sure it will be sorted out eventually but he could have it now and of course there is all the training with the noise and so on. 2 weeks at home over Christmas and he was signing and going 4 out of 5 times by the end of the 2 weeks, now he's all over the place again as that routine is out the window!

Physio is going to try to get him a standing frame he tolerates (prone) and she's saying 'for the home'. His last one ended up at school (thank heavens - useless monstrosity!) I'm wondering if that is a ploy, under the 'home equipment' budget which then is 'loaned' to the school. This funding business is a nightmare. I will even look into charity funding if we can get a good stander as we've avoided needing this except for the over 2K expensive car seat!

Could be worth going to a solicitor - the threat of court action would wake them up much more quickly than a SENDIST claim. You need one that is able to do judicial review on legal aid as any claim would be in dgs' name. Maxwell Gillott is probably your best bet.

Thank you nennypops. We are waiting on the resubmitted request, though we'll phone on a weekly basis for an update. Should have got the phone number at the annual review but it was all a bit overwhelming with so much going on!

Can't believe the ridiculousness of the situation. If they weren't so expensive I would buy one, but it would wipe out DGSs little fighting fund

You feel you have to tread so carefully and not upset all the lovely professionals who are doing their best and agree with you wholeheartedly. It's all stressful enough without crap like this!

'The budget issue I'm not going to worry about but apparently the whole thing is changing anyway'

I don't think there has ever been a time when this line hasn't been spouted in regards to funding.

Ignore it. Change or otherwise does not affect a child's rights.

'we'll phone on a weekly basis for an update.'

If it was me I'd be phoning on an hourly basis.

In fact I'd send an email/letter every time he wants to go the toilet and can't, or at least a copied daily summary so that you are building up a record of evidence of appalling treatment.

Starlight. We are clearly total wimps. If this drags on I will step up the campaign. DD is coming out of PND and is not pushy at the best of times so ill phone OT next week to see where it's at.

You're right its bloody annoying

You're not wimps. You just wanna give well-meaning people a chance to do the right thing.

I'm sick of well-meaning people who are useless and incompetent.

My way might well get a seat at the expense of relations. It's one of those balancing acts we all have and I'm sure you are all trying to get the best outcome overall.

sneeze That is awful!!!! We have had problems with DDs toiletting in nursery and again with the transition into school. Looks like you have been given some excellent advice here.

On the subject of standers though. I have no idea if it would be suitable for DGS but have you seen these standers ?www.r82.com/products/standing-/rabbit/c-23/c-71/p-182/?sku=48549
Fantastic piece of kit (you would probably have to get charity funding) Wish we had known about them before DD was independent in her walker

www.r82.com/products/standing-/rabbit/c-23/c-71/p-182/?sku=48549

Star. It's not our nice professionals it's the next person up the ladder, so I guess LA jobsworth. We will get it I'm sure but very disappointed with the rejection. Can't imagine what will happen when DD and DSIL apply for building adaptation. It looks like they will have to pay for their own extension as they will lose their dining area and their tiny bedroom to the through floor lift. They have enough bedrooms for the boys and are not having DGS1 downstairs on his own for a long time.

They are also waiting on a bath lift as 2 were unsuitable. I'm sure it's this cuts thing going on and causing all the delays.

Kaffiene. You read my mind. The rabbit looks amazing! Our physio is looking at prone standers now and I gave her a print out from R82 about the toucan because it's small and a lovely position for standing for DGS. He had a hideous leckey and his shoulders had to be at a level with his ears and he would keep getting his arm trapped under the side bits (we had to wrap cushions round them for safety) and the upright position made him panic!

Although the rabbit looks fab it needs self propelling and DGS only uses one arm. Also the school have safety issues with big wheels and moving equipment like his kidwalk, and the classroom is quite small, and his TA can't push the rabbit around as it has no handle . But we will ask the rep to bring both (if our physio contacts them - R82 never used before apparently) as we may look into charity funding for the rabbit at home depending on how he is in it. R82 won't come out without OT or physio in attendance! The leckey prone stander is vile and huge.

www.r82.co.uk/products/standing-/toucan/c-23/c-71/p-183/?sku=48550