I just want to give up and say 'yes'

[sweetteamum]

Sorry for this post. I really need to write this down somewhere.

DS has been out of school since October then LA Tutor also failed in January. Since then, and until mid-week, the LA have not said anything about being concerned that he's out of education. And they probably only wrote it down as they know the way this is going.

Anyway, I have asked LA numerous questions, regarding a proposed plan they have for DS, and they've now said they will only answer face to face when I go to look at the school. Therefore, I will have very little in writing.

Now, tbh I have serious concerns about this school and they are reasonable questions I am asking.

My lovely advocate emailed LA today and has since had an email from their solicitor to say she cannot contact the la directly again, and she has to go through the solicitor. Even though I have give my permission for this.

I cannot believe I legally have to view a school that I have concerns about that the LA have clearly said can meet his needs before I can have my questions answered - and even then, it's only face to face, so I have no back-up........Oh and they've taken legal advice and i'm not allowed to record it either.

Any help or advice would be really appreciated

Should I also take some legal advice - although, I don't know where to start!

Sorry - let me get this straight. You HAVE to look at the la's proposed school, you CANNOT ask them questions in writing, you can only ask face to face, and you are not allowed to record the answers?

Does that include recording the answers in writing?

This is really bonkers. Of course you can record it in writing and you should record it in writing and make sure that you have an agreed record of their responses.

Anyway, you can put in an foi request to the school and they have to answer it in 20 days.

Is the solicitor in house or working for a firm of solicitors?

If working for an external firm, then I am happy to tell you that they usually charge by the hour, so if your helper wants to contact them about things which would be better asked of the school or la it will start to get pretty expensive.

Have you requested an EHCP? Where are you along that road?

Senvet - You are spot on, unfortunately

I haven't been told i'm not supposed to, so i'll definitely recording all answers in writing.

Do you mean to ask the school to sign it once i've wrote their replies?

Would my questions come under a foi request then?

The Solicitor is in-house - well she has an in-house email address anyway

Sorry, DS's Statement was completed in September 14 and his placement broke down in October 14

They have based this decision on old reports, over a year old, and only LA reps at their recent 'professionals only'meeting. The school they're proposing is bigger but got more specialist teachers there.

I'm not objecting to going viewing the school as I need to, to discount it
(if appropriate), but it would help if they answered my questions.

Early Annual review was in November and it's still not been finalised.

What are the questions you want to ask?

If they are things like number of SEN staff, staff SEN qualifications, SEN experience, SEN courses attended, number of pupils with a similar diagnosis, number of kids with statement/echp, size of SEN budget in school, percentage already spent/earmarked to be spent - all that stuff can be done on foi.

Watch that the foi is not too long or they can object.

But the questions that you need to ask to test their ability to handle dc like 'how long is it since you have had a child who did [insert unusual presentation of dc]'? Those are the ones you can keep to the meeting because you want to see if they instantly say 'two last year' and give you detail which makes their information seem truthful, or whether they have to scratch their heads and come up with something not at all like dc

If you can get the LA to sign off on a doc, great, but probably easiest do it by sending a note of the meeting afterwards and asking them to confirm that your note correctly reflects the position.

There is a rule that a solicitor who is representing someone is not allowed to talk to the other solicitor's client directly - always via the solicitor. Never heard of it applying to someone helping though. But maybe it does.

But they can't stop you asking questions of whoever you like - they do not own the school staff. I think it is a human right that you have equal rights to access the evidence, although that might not apply unless there is a court/tribunal proceeding going on.

They sound like they are scared of something - I wish I could work out what....

Senvet - those are great questions and I hope you don't mind me using a few?

I am asking them to expand on things they've said, and to also clarify what exactly it is that they're offering, in terms of provision, support etc......So I doubt this would be covered under the FOI request as i'm presuming all situations are different.

There's no Court or Tribunal proceedings going on either.

When you say you've been told you can't record any meetings do they mean audio recording? Can you still take written notes, or take someone to scribe for you?

Can you visit the school and ask them your questions directly? I agree you need to visit even if it's so you can dismiss it as an option.

I would consider contacting your MP about this. The behaviour sounds incredibly unethical.

Ohnoalfie - sorry, yes, they won't allow audio recordings. I am actually paying for someone independent to come. And she has said she will take notes also.

It's the school that we will be questioning. However, my genuine concern is, I will never be able to refer back to it - at possible tribunal - as I've not got it in writing.

Tbh I'm very reluctant to even go and look at the school until they've been answered in writing.

I see. I think you need to make detailed notes of any communication.

I would email the la and say, before I visit
X school please respond to these questions in writing. I would like a response within five working days. Then list your questions. If they don't respond, email again, please respond to my questions by close of business today. That way your creating your own evidence.

Reading through your posts again, I suspect the school isn't able to meet your ds's needs and they know this and realise that you're going to reach that conclusion too. Do you think that's the case?

My lovely advocate emailed LA today and has since had an email from their solicitor to say she cannot contact the la directly again, and she has to go through the solicitor

That's easy enough to get round. She emails you the content, you cut& paste it into an email, then forward her the response.

Hopefully they'll start to be more sensible. But if they also tell you only to contact the solicitor- they'll look really strange even to their own bosses, especially if you haven't got any appeal yet

That's exactly what I believe - that they won't be able to meet his needs. However, I have no issues going to see the school - although, it's going to cost me money!

However, I'm concerned that if I refuse to look at it that it shows I'm being awkward. I've asked numerous times and the response is always that it's best to go to look at the school and that they, as well as the head, will try and answer my questions then.

Maybe I need to take legal advice. As I don't know if I'm legally allowed to do that.

Meir - thank you. I have a feeling that's what could probably happen tbh. And if it wasn't, it's a good idea.

In the UK, you're allowed to covertly or openly record your own interactions with public officials during their work: your doctor, a police officer etc. They have no particular right to privacy when doing their jobs in public- if someone decided to YouTube them having a bad hair day, it'd be tough luck.

But those they arrest/ resuscitate/ whatever do have that right- which is why the news usually fuzzies out many of the other faces.

Covert surveillance is normally covered by this code of practice which basically doesn't apply to a private individual recording your own private information.

And lots of people also record their own disciplinary hearings at work.

That said, there's almost certainly some sort of safeguarding policy at the school banning anyone from recording on the premises without written permission in triplicate from all parents, all staff and maybe the Queen.

You could email back very sweetly saying you completely get why you can't record it, so please could they do it, and supply a copy.

Failing that you'd be happy to visit the school informally and then return to the LA offices for the meeting, where audio couldn't pose any safeguarding issues.

Tbh I'm not sure why I can't record, as they've not given a reason, but the LA took legal advice from their in-house solicitor when I mentioned it and I apparently need their permission to do it. Which I dont have.

I do like the suggestion that i ask them to record it and may try that.

DS couldn't cope with extra demands and everything high school brings. School also didn't understand him and he was being punished when actually it was because of his disability. They clearly couldn't meet his needs but they never put it in writing.

So, the specialist Teacher has emailed me the answers to all my questions. And it sounds quite promising.

What I don't usually pick up on is the 'sales pitches' of these people - any help would be appreciated

I know I need to personalise my questions more to DS, but I really don't want to let him down and get it wrong