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Statement and 121 support

10 replies

Bowwowchikkawowwow · 04/10/2014 10:42

I have two related questions,
Our LEA awards top up hrs to 25 on EAP, am. I able to find out how many children in the school are getting top up funding by doing a foi request?

My son is in Y6. He has previously has EAP funding for 25 hrs, when the funding method changed last year, he started to share a ta with another boy, until they had both had there own TA's

My son has now been statemented and gets 25 hrs. In the advice that school provided for his statement it was stated that including him there are actually 3 children receiving 25 hrs within his class. He is in a class of 32, there is a class TA and then the SN ta which the three children share.

However part 3 states "M will receive 1:1 support from a teaching assistant throughout his classroom activities" In addition twice this week that. I know of the shared ta has taken a group of children off premises from 12 until the end of the day, none of the children are the ones who receive support.

Is this just the way it is now?

OP posts:
tempe48 · 04/10/2014 11:11

No, I suggest you discuss judicial review with say Maxwell Gillott or the Coram Children's Centre. (or is it Coram's Legal Centre?). Anyway one of the three holders of a franchise for legal aid in education law. Assuming your son has no income or assets, other than benefits, you could apply for legal help for him, in his name.

He is entitled to the provisions in his statement, and if that says 25 hours a week 1:1 from a TA, then than is what he should be getting. It is more likely the school are using the funds they save, by making him share a SN TA with two other children, elsewhere in the school. I agree parents have to be flexible, if the TA is off sick as a one off occasionally, but school trips off premises are foreseeable and your son's TA should not be used for that - unless of course he was on the school trip!

Icimoi · 04/10/2014 11:13

If the statement says he should have 1:1 support, then that is what he should have. Funding arrangements have nothing at all to do with it. Point out section 324(5) of the Education Act 1996 to the school and say that you do expect your son to get what is on his statement. If they object, take it up with the local authority. If it still doesn't happen, think about getting a solicitor to write a letter to the LA formally threatening judicial review proceedings.

Jerbil · 04/10/2014 11:55

Very similar to my situation. (I posted a thread this morning!) Class of 30. statements in our class for 2 (nearly 3 (fingers crossed)) children. 1 x 25 hours, 1 x 20 hours, and DS1 (waiting for statement result). They have class teacher, 121 TA for the 25 hr statement child, and another TA for the class, but I think that TA may be a.m. or p.m. but not both.

they do split into little groups, but yes I've noticed this is he way they seem to be doing it here.

Bowwowchikkawowwow · 04/10/2014 11:56

When I have raised this with the HT, he says "there are still two adults in the class, all adults in that class have responsibility for M"

OP posts:
choc0clock · 04/10/2014 12:06

Does the statement mention explizitly 25h of 1:1 support?

Bowwowchikkawowwow · 04/10/2014 12:26

It just says "M will receive 121 support from a teaching assistant throughout his classroom activities"

In the funding arrangements it states 25 hrs additional support.

Is this how they swizz it? I knew the additional support part was a swizz but I thought the 121 support quote in part 3 countered that.

OP posts:
choc0clock · 04/10/2014 12:48

Does it say this 25h are 1:1?

I think the wording is very wishy washy. When was the statement issued? Just wonder uf you are within time to appeal against the statement (you have 2 months from the date issued). Support should be clearly quantified and specified in Part 3. And it seems it is not. Not sure why your statement talked about funding - us shouldn't really but outline needs and support.

choc0clock · 04/10/2014 12:54

Getting 25h of support does not mean it is 1:1. It can mean anything really :-/

Bowwowchikkawowwow · 04/10/2014 18:36

I still have time to appeal it was only finalised two weeks ago.

Part 3 has three headings within it, Objectives and Provision, Monitoring Arrangements and Funding Arrangements.

I paid for the statement to be checked by MG Law, and the wording of "M will receive 1:1 support from a teaching assistant throughout his classroom activities" was the wording they suggested.

OP posts:
choc0clock · 05/10/2014 08:43

Oh, suppose MG is more knowledgable than me.

maybe worth having a word with IPSEA to get
another opinion??

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