Is this disability discrimination?

[KOKOagainandagain]

On-going saga of DS2. He had a working diagnosis of ASD but passed the ADOS and has been diagnosed with 'social communication difficulties' and is being referred to GOSH HF ASD clinic for a second opinion.

We have been aware for some time from comments that the CT and DS2 have made that the other children in the class 'police' his behaviour (fiddling and other low level disruption). We have complained about this several times when DS2 has been upset (fiddle toys removed, made to repeat words he has difficulty pronouncing etc).

Yesterday I received the classroom OT report which mentions several times that DS2 did not require adult prompting. It then says "CT mentioned that DS2 can sometimes need extra encouragement to stay on task. The peers on his table tend to hurry him along and direct him to tasks; this is part of normal classroom relationships, particularly when 'table points' are available."

WTF? Is this failure to differentiate? This is not about behaviour modification or allowing sensory seeking fiddling conducted by staff (6 working days left to receive final statement before starting legal action) but constant telling off and control by non-trained 8 year old NT DC.

DS2 is not only visually distracting but is constantly either humming, singing, or commenting on his fiddling. This was also a problem in his previous school but they argued that they couldn't give him in class support unless he had a statement and so 'dealt' with the problem retrospectively - i.e. when we communicated in writing with the CT informing her that DS2 was upset by X responding with 'shut up, idiot' multiple times each day, by moving (the burnt out) X and replacing them with Y. Then we'd repeat the process when Y reached their level of tolerance.

Now that DS2's statement, wooly as it is, states 15 hours LSA support (in addition to support at break times and lunchtimes) this proves a problem for this school specifically as current staffing arrangements mean that there is not a TA/LSA in the class for 15 hours a week. The first draft stated 5 hours and it was not until several weeks after the LA had made the school accept him that the second draft, stating 15 hours, was sent to them by the LA. They could 'do' 5 hours without making any changes but they can't 'do' 15 hours without making changes. The HT refuses to make changes to current staffing arrangements in order to meet the requirements of the statement and both HT and CT keep demanding to know why the hours were increased from 5 to 15.

I suspect that this is why the LA wanted to have an 'AR' of the draft which would be held at the school (HT, SENCO, CT) after which the school would have had 15 days before they had to submit a report. As things stand, as the SA was carried out in April/May, the school comments which form an appendix of the proposed were submitted by DS2's previous school.

At the time that the 1st draft was produced in June, we had no intention of moving house - especially as my mum was seriously ill in hospital. Then in July, rent was increased by £200 a month (17% annual increase) and we were forced to move a month later. (Luckily, we found a 'perfect' place - tatty farmhouse on a country estate that takes dogs with no neighbours to hear the DSs and best of all, an Aga!). As a result DS2 had to move schools and his current school are very much and very uniquely, of the 'no problems here' mindset and are pissed off that their 'professional' views have not been taken into account. Had we had the 'AR' meeting, the previous school views would be replaced by the current school views and we already know that they would push for a reduction in stated hours.

The HT has refused to put in support relating to reducing barriers to learning or for the benefit of statemented DC but believes this is only necessary when the behaviour of any statemented DC negatively impacts on teaching staff or non-statemented DC. The trouble is that DS2 may not be disruptive but he is very distracting. He does this at home as well. It drives DS1 mad so we have really fun weekends at the moment.

So, at the same time as arguing that the statement does not accurately portray the amount of support 'really' needed, the school also need to find a way of 'dealing' with distraction without it being necessary to have an adult present. Ergo: 'support' being delivered by other DC in the class means 'no adult support' necessary.

Sorry for waffling . Am I being precious or paranoid? I know that peer-to-peer learning is fashionable for the NT but this is NT peer-to- 'disabled' peer behaviour control. I don't like the OT making recommendations for fiddle toys but these being removed from him by his 'peers'. Would it be OK for an audiologist or even an optician to recommend a hearing device or glasses only for these to be removed by a classmate?

I hear you keep but have no advice sorry!

Surely if the statement says 15 hrs it is upto the LA to force the school to provide it? I bet its not that simple though!!

We come up against the other children support Dd3 all the time, we keep saying it is not fair for other children to be resonsible for her or to help her with her work!

Bloody nightmare

Oh gee serious typo issues sorry

I have it in writing that the LA will finalise next week. Only then can I JR the LA because of clear non-implantation by the school. But, if following proposed fake AR, the LA had reduced stated hours, I would not have a case of clear non-implantation to JR the LA.

Oh sorry, I didnt read your OP carefully enough!!

Not surprised - it is rather long

I am feeling more stressed than usual today as DS1 has his year 9 AR today. We lost our babysitter at short notice and so DH is going alone. He is not exactly on the ball and hadn't even read the paperwork [panic emoticon]. The fact that I had to prep him so much shows that he does not normally listen to me, so I am not brimming with confidence that all will be well. The LA didn't come to the last one, but DS1 has to transfer to EHCP at some point and is at a key stage transition point. I don't think DH was really listening when I talked more broadly about timing and context. Arghh - I should of reminded him to agree to nothing!!!

I am imagining a white version of this poor man

www.youtube.com/watch?v=atfNL0_KAcs

zzzzz - I hear what you are saying... but, by the same logic, why have you moved to an oasis where no-one can hear DC scream?? Surely, DC need to learn what impacts on others to whom we live up close and personal? But staying at my mum's small semi-detached bungalow over the summer was truly awful and I know that we couldn't live like that. We went from terraced to semi to rented detached and now rented detached and remote - and I imagine moving was not your first thought either

I have been trying to get school to use a token reward system (recommended by SALT in summer 2012 and used successfully at home for other things) to have a co-ordinated approach from home and school to target noise making as this is the only behaviour that remains an issue (that is difficult to ignore or modify) at home and so is problematic in both settings. It might have worked then. Now, some years later, I think it either never be implemented or will never work in this environment. Sometimes you have to 'simplify' the environment for DC to be able to learn skills imo.

Arguably, neither DS1 or DS2 are being given an opportunity to acquire skills of adult independent living and, if they ever do live independently, will not be in an economic situation to replicate current type of housing. They may end up in an urban environment and be overwhelmed by the complexity of it, partially because of its novelty - like any county bumpkin in a busy city iykwim

I've been squeezing until the pips squeak for years (machiavelli would have been impressed) but all to no avail - I think I am finally going to force out a glass of lemonade only to find a thimble of piss.

keep

Hang in there.
All this evidence will help you win at appeal.

For the post-final-statement...
I am thinking that there needs to be a programme to help DC with the sensory behaviours. There are two paths in my head:-

First, there may be other activities/therapies which can be used, eg if he has a need for movement, then maybe regular walks, or resistance putty would help reduce the fiddling in the class. As I have said elsewhere, I hear that there is new research on the benefits of large movement with resistance eg pushing a weighted fire door. You would need a good sensory OT to analyse the cause of the behaviours and to work out what would help best.

The other path is more about behaviour-training: so start with small and very achievable targets that are rewarded - eg being still for one minute.
Then building it up bit by bit. It is then a case of rewards all the way, rather than reprimands (peer or adult) for things that are not DCs fault.

Leaving the sensory stuff behind
Does DC have a weekly small group therapy session which helps with social communication so that DC can start to learn social skills through the conscious channel? So maybe these would help him understand the impact of eg humming on his classmates.

Obviously the ASD makes it difficult to pick this up instinctively - but just having peers tell him to stop humming - I would like to see academic research evidence that shows success of that approach on ASD students!

Glad you have a good home spot - sounds idyllic

senvet - OT advice for all of the above for years - some of it made it into part 2 (but not part 3 as no new recommendations were made) - due to an update the LA were forced to include one report as it was an attachment referred to in parental comments. Either this stuff doesn't happen or doesn't work.

School won't even do aba-lite never mind real behavioural training.

DS2 has a social skills group but the problem is that staff don't understand the link (with constant noise making) and so it doesn't even occur to them to explicitly teach it.

Oh shucks.

Do you have someone from the NAS helping you?
0808 800 4102 if you don't.

The teachers: getting the horse that has been dragged to water to drink.

I am concerned that the teachers will use the pending appeal on the soon-to-be-issued final statement as an excuse to keep doing nothing.

And it is tricky to be trying to get the old statement enforced whilst trying to get a new one. Not impossible though.

That said, an appeal makes the LA look at what is happening in the classroom, and they can tighten up their performance under that scrutiny.

It used to be possible to cure ASD if you filed an appeal in one LA some years ago. All signs would vanish overnight. They didn't actually vanish, but at least parents reported that the schools started to perform better.

Are you entitled to legal aid, do you live in Kent/Sussex, or do you have money for independent reports?

If so the statement can get tightened up more easily than if you don't, but posters on here have had good successes without independent reports especially with support from IPSEA or NAS. Like sensory issues appearing in Part 2 and not matched in Part 3. That is bonkers.

If the statement is not getting enforced, then it is JR, with Maxwell Gillot among a number of SEN specialist firms who can do a legal aid job based on the income and assets of dc, but I expect you know that.

Otherwise it is the usual: meetings with head/CT/Senco
Contact with SEN governor
Reference to Local Government Ombudsman, and
MP or local council bod.

If you didn't have an appeal running then local TV, radio, or paper, but stick to a simple story. They can only do simple and provable story.

I really wish I could offer more help.

Good Luck

zzz NAS set up a system based on the IPSEA model and using IPSEA's help. So they have the same trained education volunteers, and if you have a letter you want to appeal they have trained Tribunal volunteers. Like IPSEA they have some representation available where eg there is more than on child with a disability, or where a parent has a disability or the case is complex.

I heard on these boards that it took a while to get a response, but obviously, it depends on the number of people who have volunteered, or have had to pull out etc etc.

But a useful extra to IPSEA.

Thanks for the NAS number. I looked on the website after you posted some time ago but couldn't find anything specific. With DS1 I had an IPSEA rep once I had filed appeal (complex). They have a dedicated phone line and once you have a named key worker you can email at any time. With DS2 so far I have used Coram children legal advice and IPSEA 'normal' helpline but will get a rep from either NAS or IPSEA when I appeal (DS1 also has ASD and is at indi ss, DS2 qualifies as having Duel or Multiple Exceptionality and is proving complex - hence the referral to GOSH HF ASD clinic).

Not entitled to legal aid and live in the wrong area but I can use newly acquired inheritance to pay for indi reports.

The NAS one is called Education Rights Service.
The education volunteers are trained and will help you up until you have a decision to appeal, and the trained tribunal volunteers to take you from decision to appeal.

I wonder if it is partly that it doesn't pop out at you on the website?

I've had advice from NAS once when the LA tried to dump DS in a PRU and their advice was spot on. All solved in one phone call, they emailed the relevant stuff over the day after i spoke to them. When i first called them i had to leave a message and they rang me back 2 days later.
IPSEA have given me really crap advice before so i haven't used them since. At the time i rang IPSEA DS was having full time 1:1, 2:1 for 2 half days a week, outreach from ASD team, outreach from local ss, was violent towards staff, needed regular team teach restraint, was being excluded due to running round naked, vomiting in the corridors on purpose, hurting staff and the other other kids and had been on the same NC levels for 2 academic years in a supportive and inclusive ms school. IPSEA's advice was to put him in a small ms school when he clearly needed a ss
DS is now in a specialist ASD indie ss.

Here is the NAS link
www.autism.org.uk/advocacy

But it was odd because when I went to the National Autistic Society home page and typed 'Education Rights Service' into the search box, I got a long list with IPSEA at the top!

www.autism.org.uk/our-services/advice-and-information-services/education-rights-service.aspx
How odd senvet. I went through the long way on the website and didn't see anything relating to ipsea.