SEN TA being used for other SEN kids without statements

[Shropshirelass1]

Hi, son is ASC age 12, yr 7 of large comprehensive with 32.5 1:1 TA. ....problem is that his TA is frequently being poached for other roles, including going away on a residential school trip. The SENCO nods and talks the talk but never actually follows through on any of the IEP stuff, or accepts that she shouldn't poach her for other roles. my patience with her is really wearing thin and I have another 4 years of trying to avoid saying to her "all you do is talk bull" . His TA understands ASC but I sometimes wonder for all her fancy talk whether she has any understanding of the condition atall. Any similar experiences/advice anyone?

IMO, doctors are trained in medical matters - they do not know what skills are needed in a classroom to access the national curriculum, etc, and they certainly don't understand education law and the Tribunal. I'd seek the opinion of an independent educational psychologist, SLT, OT, etc when it comes to what my child needs for their SEN. Horses for courses!

As for Shropshire Lass, if it were me, I'd ask for a meeting with the school (and take an independent witness to take your own minutes) to confirm the special arrangements for your dc next year. You can't go entirely on what a SEN child says, if you're thinking about JR, I imagine - the solicitors will want to consider evidence in writing. If the school confirms they plan just to use the classroom TA, I'd write a letter (headed with Complaint in Bold) to the Monitoring Officer of your LA, pointing out their statutory duty to provide what is in Part 3 - as it is their job to ensure the LA fulfills its legal duties. I'd also speak to one of the three organisations with a franchise in education law for legal aid about whether your son can initiate JR. (So long as he has no income or assets except for DLA, which is discounted). They are Maxwell Gillott, the Coram Children's Legal Centre and one other (might be something like Youth Advocacy, can't remember). They will tell you about legal aid for your son and how to apply. I've found a letter before action concentrates minds at LAs - they don't go in a special bin.

The problem with LGO is that you have to go through Stages 1, 2 and 3 of your LA's complaint's system first, before the LGO will look at it (unless its an emergency). You can ask the LA to expedite a complaint stage, but a letter before action has a much quicker effect in my experience - DD1's solicitors gave the LA 24 hours to do something, before they initiated JR.

Thanks for that advice.have contacted LA caseworker this morning who is ringing school to try and get a meeting brought forward. Will try and get someone to come and take minutes for me. Problem with the court route is it is so slow.....and then it's the implementation problem like I've got now.perhaos I should just contact those lawyers,get legal aid and go for it on the basis that keep having same issue.mind you, reckon some of my worry at moment is exacerbated by looming summer holidays!! Letter before action is good advice,thanks temp48.

What's a meeting going to do?

Not saying you shouldn't have it but Meetings are not Outcomes.

If the school don't know the law, the LA should tell them and problem solved. How will hauling your arse into their offices help with that?

Well funnily enough starlight I have just concluded that and cancelled the meeting( having asked for one). Feel sick now. LA are saying one thing,SENCO saying another,husband is away and I'm getting stressed and fed up. Problem is that some of what they say makes sense but I really don't trust them anymore, want to do my best for him and it's such a big responsibility I don't know what to do.they seem to want me to agree to a 15 hour reduction in statement provision but informally.really they just want me to go away.....probably my ds too.

There are 2 children in DS1s class with statements. 1 has 1:1; the other should have it but they seem to be just "mucking in" as each class in our school has a TA for the whole class (sometimes only 1/2 day). Ours is quite a demanding class so TA all day plus the 1:1 for 1 child. We've now just put in request for statement for DS1 so if he does get help it will be interesting! though unlike the others he actually does need help around lunchtimes/playtimes and with prompting to do basics.

I know our school dont like children having 1:1 and being overly dependent on one TA, but that is what is required for many of these kids!!!

Having a 1:1 and becoming dependent on one are completely separate things. The best 1:1 is one who offers full-time support with a focus on independence of the child.

For some kids, independence requires full-time support and teaching.

That's right starlight, that's probably the issue, he doesn't learn independence though.i panicked and have now removed him from school, which is a really backwood step as I am pretty hopeless at getting him to do stuff and just find it v tiring, certainly not up to home educating.at least the sun is shining,hoping to enjoy it and forget about the responsibilities and stresses of life for the weekend at least!!

You need to put him back in school tbh. HE is a valid option but not as an impulsive reaction to the failure of the system.

Tempe - brilliantly worded. I hear that all the time, there are kids worse off than my son. Kids with parents who don't fight for them get nothing. I find that sickening. It's not excuse to carry on with the 'no one cares, what can you do attitude' to sen. It actually enrages me more and puts more fuel in my rocket to shove up the lea......

The only reasonable answer to that is 'Well if that is true then it is your responsibility, not mine or my child's, to ensure those kids aren't failed either'.

star those were my exact words to the LA!
the LA EP even tried saying to the judge at tribunal that there are dc that are worse than my dd in her class without a statement and that was why they couldnt specify the hours of 1:1!
the panel were clearly not impressed!

Shropshire Lass - parents who take their children out of school, can have them out of school for 2 years. As far as the LA is concerned, its a case of "Out of Sight, out of mind!" They don't care how long he is out of school.

If it were me, I would send him back, unless he is really school refusing and it would mean dragging him back, kicking and screaming....I would speak to Maxwell Gillott - he would get legal aid, so it will cost you nothing.

What have you got to lose and it sure beats having him out of school for months/years?

Temp48/starlight......yup I know taking him out of school really bad idea, reckon I just panicked, it built up and it feels like no-one gets it. I'm hoping meeting will resolve stuff and he will be back in by end of week,it is much better for him and whole family to be in regular routine of school. The constant changes of wording,staff and legislation just do my head in cos as soon as I think I've got the plot and sorted something it all changes again,new jargon,new ideas to be experimented with but still little old me being the only one who seems to properly care about him. What a responsibility, endlessly. Just tried to get to grips with the new legislation/code.......none of this was covered in ante natal classes!!