Statement not being met. SORRY very long.

[lazymoo]

I really need some help, I need to confront DS school about his statement not being met.
I have a ds aged 7 who has a 30 hr statement, he started school in Sep 2003 and from Jan 2004 he had his statement, the school had no part in obtaining his statement. Bottom line is DS had his statement review in Jan and everything was kept the same except for one of his objectives which is to intergrate DS during break times. DS has CP and global development delay but can walk for short time spans. Anyway I have been helping my sis out by picking her DD up at playtimes (from nursery) and in the 10 times I have done this I have found DS just standing in the middle of the playground. There is either 1 Teacher or TA in the playground for 80 kids at first break and two dinner ladies at lunch time. I have never realised this before as getting info out of DS, well lets just say getting a statement is easier!! Today though DS burst into tears and said no one not even the reception kids will let him play with them, and he is desperatly lonely during breaks.
My question is, obviously they are not fulfilling his 30 hr a week statement during breaks, so a) does it matter who does his 1:1 at breaks, b) does the school sign the statement to say they will do what has been requested on statement. c)if a school week is 31 and a quarter hrs, who decides when no one will 1:1 him during the spare 1 and 1/4 hrs, and will this be 1/4 a day or in one big bulk. d) can anyone tell me what to say when going to the school and confronting the SENCO, HOY, HT etc.
I would be so grateful for any help anyone could give me.

The school are legally bound by the terms of the statement - i'm pretty sure its not a case of them having to sign up to it. Does your son get 30 hours from the LEA

If his statement says 30 hours, then that is what the school must provide. You should have a breakdown of how those hours are allocated. I worked in SEN in a secondary school and we always went over the allocation with the parents at the Annual Review. And if one of his objectives is to integrate at break then there should be a plan in place for doing that - not just leaving him alone in the playground. As far as I remember, the Annual Review documentation should include all this information.

The Statement is a legally binding document which the school must fully adhere to.

If your son gets 30 hours a week then the school must provide this. Why was that one objective changed re integration at breaktime - did he have support during lunchtimes as well prior to this objective being changed?.

Calling IPSEA on their helpline would be helpful to you - their web address and phone number is www.ipsea.org.uk.

Another possible way forward is to talk with the LEA who issued the statement.

It's not that the statement was changed as such, just that this time when we were discussing objectives for ds to achieve before the next statement review, I stated that my bil had on several occasions observed ds standing in the middle of the playground on his own, and the school informed me that he always had support at breaktime, so I asked that one of his objectives be about social interaction with his peers, at present he is just moved from the playing along side to playing with other children thing. Anyway, they promised me that he was always supervised. I have since found out that at first break it is one adult to 80 kids, and two adults at lunch. I have been thinking about asking for a contact book for someone to fill in a) who was on playground duty b) what he did for every break/lunchtime. I have also decided to ask for an interem statement hearing if things haven't improved in two months.

Thanks Socci, have kept the legal page, food for thought. Thanks all for your replys. It has been a hard day FIL had surgery todsy to remove a huge cancerous lump (6 hr op) and then for DS to come home and burst into tears, over something that I really should of sorted out three months ago when, I first had an inkling that break times were not what the school said they were, esp as it is very hard to get any info out of DS. I thank you again.