LA want to pull ds out of ABA school. Am so scared!

[CantQuiteBelieveIt]

Have namechanged. Heard today that the almighty panel have decided that ds1 (just turned 7) should move from his out of borough specialist school (where he has been from the age of 4) to a local TEACCH one. Something I feared, but never genuinely thought would actually happen. At least not at the KS2 transition stage...he has made huge progress in his time at school, and has only been there a bit over 2 years so I'm in shock right now.

In fact, heard subsequently that our borough has never attempted to remove a child from any SS at KS2. Any fighting has had to be done at secondary transition. Seems like ds1 is to be a test case, after a new head of sen arrived in post a few months ago.

Most of my shock relates to the reasoning for their decision. They are citing a mysterious piece of research which apparently states that children on ABA progs will 'plateau or deteriorate' once they reach the age of 7. Funnily enough they will not give me any more detail see this 'research' and are pushing aside the fact that ds has made his most impressive progress to date in the last few months by saying that in all likelihood he will deteriorate soon, according to the research.

So they are proposing to switch him from the only system of learning he has ever known on the basis of some utterly hypothetical scenario. And this is even more unbelievable considering that they are opening an ABA unit in April, which is taking children up to the age of 11 despite the fact they will obviously be doomed once they hit 7.

Has anyone got any thoughts? It just seems like a bad dream at the moment. Thanks in advance

So sorry. But you have not lost the tribunal yet. You know that's where you are headed and you do have good arguments in your locker. So far they have shot themselves in foot by not getting evidence and not going to AR.

Will LA move him pending the appeal?

If not you have 8 months (2 months to appeal and 6 months for a tribunal date) before he would have to move and may be able to drag it out longer. Unlikely tribunal would be heard until Sept 2013.

If they move him then you can try and expedite the appeal (don't wait 2 months and ask reduced timetable) to move him back.

Start writing everything down, videoing, keeping chronology etc

Or think about moving?? Drastic option I know.

Thanks Agnes.

According to FS, moving not an option anymore.

He is safe until the end of the academic year as they're deciding on ks2 placement from Sep. That's one mercy. But as he continues making progress it's going to be devastating anticipating his time there (and life chances) counting down.

It's just so cruel that if his case had come up a few weeks earlier we wouldn't be facing any of this. It's simply bad luck that his case has come under the spotlight at this very moment.

I have FS, and the school to support me all the way but obviously ds's ultimate fate lies in the hands of the panel on that particular day, and that's what's torturing me right now.

If he loses ABA, well it's unthinkable.

I will definitely start writing everything down, thank you. FS advises getting an independent EP in ASAP too. She says tribunal will prob be April/ May. I suppose there's no point holding off til Sep? Would school funding be pulled at the start of the autumn term? God, I rely have no idea of the details re how they would dismantle the only system of learning he has ever known.

Right now I can't get past the shock and don't feel like I have the strength for a fight that is probably so weighted against me. I thought we were finally safe after fighting for years and years and then this happens.

Thanks so much for a advice, am noting everything

And it just seems so utterly and blatantly hypocritical to pull ABA from a 7 yr old child who is thriving on it when they are proudly bleating on about the upcoming opening of their new ABA unit!!!

Tribunals really do not like moving children who are settled and doing well. 7 is also not a transition stage! The only exception would be if separate infant and junior schools. That is an artificial deadline set by the council.

I can see point in appeal now if the change isn't due to happen until sept.

I would appeal for current placement but if tribunal don't award that you can argue for a place at aba unit. I don't see how they can force TEACCH school when cost of that must be similar to aba unit?

Is it possible to speak to the head of the new provision? My LA is placing in a new - opened in Sept 13 - HFA free school. This is linked to a sister m/s. Previously they had to place DC OOC.

Turns out that 14 of the 18 places have already been filled and the LA have identified another 10. There is a backlog of HE and failing m/s right now that means there is not capacity to bring back OOC DC.

Thanks Agnes and KeepOn.

Agnes, is it right that 7 is not a true transition stage? That's v interesting.

I really hoped a tribunal wouldn't want to move a thriving child but FS is saying different, saying they may well be swayed by the cost differential. She says my only hope will prob be to fight for the new ABA unit as the LA will know I will win that at tribunal, despite the fact that it's full (which will create another headache for them).

She also said that although the LA are only mentioning one piece of research and haven't turned up to ARs, they will be all over ds like a rash now, sending all their 'experts' to see him and declare him suitable for a big downgrade in provision.

Next step is to go and see the head of the TEACCH school with advocate and current head in tow. He's the villain of the piece, if you like, as he is ignoring ds's ABA-ridden statement and claiming he can meet needs. If he hadn't said that we would have been left alone

Maybe interest in teacch school has gone down with new unit?
7 is not age where you do a transition review.

I know it's upsetting but do you think FS is saying that because he is actually doing too well to stay where he is? Is he at the less severe end of children in your school? It's not like FS to be so bleak.

What about move to mainstream with ABA? That's what we have DS has 35 hours ABA, 48 weeks including access to mainstream school (he goes PT in year 2).

You have a legal right to mainstream even PT.

If this is a case about money find out the costs of the unit and TEACCH school plus transport and think if you can come up with a creative solution. PT mainstream, PT home ABA may be an option?

Teacch school only takes children from age 7, and I think (not sure) that the ABA unit is starting with a few 4 year olds only, so they are not in competition.

FS was extremely bleak, and I was v shocked. She spoke to the new Head of SEN off the record and seemed to be convinced that they are not bluffing, and are going to behave very aggressively from now.

Parents of one local child (age 7) I know have just been informed that the LA are looking to move him to the same teacch school as they're threatening me with from September. And he is currently in an in-borough s&l unit! Presumably they are freeing up his current place so they can move an expensive out of borough child into it. That really, really doesn't bode well.

FS told me this afternoon that KS2 is a key transition stage in our LA because most special schools only start at age 7. And she deepened the gloom by saying the LA have the right to amend a statement or challenge a placement at any time they like.

Someone else recommended I think about ms. I would consider it with a full-time aba lsa (or half as half, as you have) but it's really not an ideal option for several reasons. He is certainly one of the more able children at his school, which may be why they are offering a MLD school, but if he were more severe there is a big SLD school nearby too, so I don't see how any child is going to be safe.

I suspect you are right no child is safe - although ABA schools do better than others in dealing with behaviour so they will probably leave the children who are 2:1 / borderline residential.

You do have stronger legal rights regarding mainstream, FS was our advocate so she would be able to advise you on that.

It works well for us but its a big commitment on a practical basis / impacts on work life etc.

Well I'll be willing to consider anything that isn't teacch. Will listen to everything FS says

It still seems unbelievable that an aba-ridden statement can be ignored in this way. Isn't it still supposed to be a legal document with some validity?

FS is right that they can do what they like as sencop is only guidance but they must have very good reasons not to follow it. Change should follow a review so they should have turned up, got EP to recommend a move at AR and then done amendment. But you would still be where you are now. You will score some points at tribunal for crass way they have done it and it will be obvious it's about money, but that in itself won't win tribunal. Tribunals are not keen on expensive placements long term, especially for children who are not violent / made good progress. ABA is often awarded as a means to mainstream not open ended. I can see why LA are doing it tbh as if they leave him there much longer it will get harder for them to justify a move until 11 or later.
It would be worth speaking to current school about what their views are, if he is doing so well they may have been suggesting a move in to mainstream or dual placement at some point anyway.
You are probably right there are lots of things in the statement that require behavioural approach and can't be met in a teacch school

oh god, I've just seen this.

this is my worst nightmare. dd1 is coming up to secondary transition, and I quite literally wake at night in a cold sweat worrying about this. my cold comfort has been that LA has never bothered with AR, and has left us alone since awarding ABA years ago.

I can't believe this kind of thing is possible. I'm sorry, I have no advice at all - I can't think my way through our potential situation, either.

Agnes your posts have been so helpful, thank you.

Current school have started some minimal integration with a local mainstream school and have said at secondary age ds may well
be able to cope with less than 1:1 support but for now they are absolutely unequivocal in their view that he needs to stay exactly where he is with a v high level of support. He still uses very little functional language and zones out instantly unless very highly motivated by very specific types of reinforcer.

We may well try and argue that we would consider a move but not at this particular point in time.

Newbluecoat, as far as I'm aware it's only these 2 boroughs that have suddenly and aggressively changed tack so although it's always a concern I wouldn't panic because of this development if outside this area.

Thanks, Cantquite. We are not a million miles away from you, and there are other children at dd1's school from our LA who have to fight each year to stay. There is a (not small) part of me which can't help but worry - we have had such a smooth ride (since we won ABA), with no one turning up to AR ever - that it just cannot last.

And of course secondary transition (especially since it will combine with the move away from statements anyway) is a prime time to reassess (the thought of which fills me with dread - dd1 has made so much progress - although there still remains and enormous gulf, and without ABA she would flounder and stagnate). We can only wait and see.

I hope you find a way through this.

I would leave it to FS but I am so impatient that I would probably be emailing them at least part of my case already viz - you have not even assessed this child's needs, nor turned up at the AR the day before, so you are clearly stepping outside of your legal obligations to meet a child's individual SEN. Plus, in a borough which opens an ABA school in his age group and yards from your front door in April, it is simply illogical not to make room there for a child who has only ever known ABA and is thriving on it. I would say that their decision seems arbitrary and unlawful and will be poorly looked on at tribunal or indeed on the Evening Standard news desk, where your best friend works. Then ask if there is not room for discussion. Send not to monkey but to organ-grinder. This is Britain, you are protected by laws. These are public servants of the state, not dictators. Fiona might say I am wrong though.

Oh and copy in local MP and local councillor. Spread the smell

Great ideas sickof, thank you. Friends from dd's school who know nothing about SEN, ABA or anything else are truly appalled by this. They've offered to picket outside Vince Cable's offices :-)

Would love to tackle them re the AR point but am v wary of doing anything without FS's approval, as once I write something down it's irrevocable.

Plus I've been told I can only communicate with the LA on a Tuesday or Wednesday as the case officer is part time. Grrr

I would get the written reasons first as you really want their ridiculous arguments written down do they cannot deny them later. Sickof's approach is what we did at our first AR when they said they were going to reassess. They did back off but only because the LA EP stuck his neck out and told them they couldn't offer anything similar!

Current school should carry weight esp if saying positive things to tribunal about reducing support in future. He sounds very similar to my DS re motivation etc Which strongly supports ABA not TEACCH.