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Help needed on how to battle the LEA!

27 replies

Blossomhill · 09/02/2009 21:07

Dd is 9 with AS. Currently in a language unit and is coping as best as she can. She is very bright but however emotionally she is way below her peers.
I know the school are pushing for ms school with unit. We don't want dd in ms at all and feel a small school would be best for her.
So spoke to LEA today about forwarding papers to a school we want to assess our dd for a placement. My sen officer was so rude and said that it wasn't down to the parents but the LEA to decide which school dd should go to and who's idea was it to look at independant schools without their go ahead
So where do I stand? Do I not have any say at all???? I will home ed without a shadow of a doubt if need be.....

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jenk1 · 09/02/2009 22:09

oh you,ve really got their backs up havent you!!!!

they are prob thinking they have it all sewn up with the ms school with unit and along comes blossom asking to look at independent schools,which makes them go APE.

this is exactly what they did with us and DS, what we had to do cos our LEA refused to arrange a visit was contact the 2 independent schools ouselves,we sent them a letter with a copy of DS statement, one of them came to visit and the other (the one he,s in now) said they couldnt arrange a visit without the LEA,s say-so but wrote me a very nice letter of which a copy was sent to the president of SENDIST as we were due to go to tribunal.

what a load of POO about the LEA deciding the school and you having no say so in it,i would ask for her to put that in writing to clear up any "confusion" see how quickly she backtracks.

i cant remember sorry if your dd is statemented or not, the only other thing to suggest is to get IPSEA on board,they were invaluable to us.

HTH

Jen
x

Tclanger · 09/02/2009 22:22

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Message withdrawn at poster's request.

daisy5678 · 09/02/2009 22:35

Poor you. Legally, a parent has a right to any mainstream school which is suitable for their needs. I think the situation is harder if you don't want mainstream. You do have a say, but it is up to the LEA to look at your view, an EP's view and the current school's view. If the school are pushing mainstream, you really need to get in touch with IPSEA. Good luck.

macwoozy · 09/02/2009 22:46

I can't give any advice as I'm not quite there yet, but I can see this happening for my ds in 2 years time. I think we live relatively close(going by the schools you've mentioned). My ds's senco mentioned the unit within the secondary school but I have grave reservations about that. I really hope you get the place that's just right for your dd.

moondog · 10/02/2009 00:29

What a pile of shit BH.
You are perfectly entitled to name/research any school you think would be suitable, giving your reasons.

Have you been to your SNAP office to go through legalities with them?
Check out also IPSEA and SEN SOS websites.

Yes, ask for it in writing!!!

jenk1 · 10/02/2009 08:27

we still laugh over the head of SEN banging her fist on the desk and shouting "you CANNOT have it both ways Jenk,you cannot have the school of your choice AND the private dx on his statement"

well guess what,we did and its still there.

like moondog said "what a pile of shit".

they,ll tell you anything to save money and get you off their backs, might be time now to start writing letters saying we were "advised" by your ref XXXX that as dd,s parents we cannot have a say in our daughters school,please can you confirm if this is correct procedure etc etc, it shows them that you are not to be messed around with.

sadnog · 10/02/2009 10:30

Blossomhill, have no advice to give but am reading your thread with interest as I'm sure I will be in same boat shortly. Have just applied for statement for DD (8.10). School SenCo and Ed Pysch feel that she is not going to cope with mainstream next year and are pushing for specialist provision on her statement. They recommended I went to take a look around the specialist school in my area. I did so and the deputy head was lovely and extremely informative but made it clear that without LEA recommendation they wouldn't be able to place her. I loved the school and felt that my DD would fit in perfectly and she would be able to cope so much better in a smaller class with teaching tailored to her needs, however I'm ready for a battle!

electra · 10/02/2009 13:17

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TotalChaos · 10/02/2009 13:45

no advice as I'm useless at such things, but sorry the LEA are being so arsey at this early stage - would be very tempted to use the word disability discrimination in any letter to them, and best wishes with the battle to get your DD into the best school for her.

jenk1 · 10/02/2009 14:51

yes can 2nd the advice of electra re a private EP,it was our private EP,s assessment that won us the tribunal and got us the place at the independent school DS is at.
i have found unfortunately that employed EP,s will only say what they are allowed to say and in DD,s case her assessment was about as good as a chocolate teapot.

BONKERZ · 10/02/2009 18:51

as the parent you have every right to look at schools you feel will meet the needs of your child.

My LEA also tried to tell me i could not choose the school for my DS 8(ASD) , i visited 2 Special schools and also a MS school with a unit and then visited the local Priory school. I got the local priory school to confirm they could meet all of the points made on DSs statemeent. the LEA did fight me for a few months but a week before the appeal was due the LEA gave in and awarded the priory school for DS.

It can be done, you have to ensure you get everything in writing from your LEA, i found emailing the LEA was the best thing so i had their reply in writing, it is a good idea to visit all the schools that COULD be seen as suitable by the LEA and ask each school if they could meets your childs needs and statement and build a case as to why you think they would not be suitable, this way you can show you are fully informed. I found many of the schools i visited in the build up to the appeal were only too happy to confirm in writing if they could not meet all DSs needs.

You do appear to have got the backs up of your LEA, now start being clever about it, ring constantly and ask what is happening with your case but also dont disclose all you information! save it for when they want to take oyu to appeal!!!!!!!

electra · 10/02/2009 19:29

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jenk1 · 10/02/2009 20:31

"I have just had an experience with a LEA appointed EP which leaves me wondering if I should write her a carefully worded letter / email reminding her that as an EP she has a duty of care to my child and a duty to behave ethically and transparently. But I will wait to see what happens."

This is what happened with us and the EP who "assessed" DD last year,we wrote her 2 very carefully worded letters to which she took no notice off and in the end we wrote to the chief exec of the council to say we no would no longer tolerate her unprofessionalism and refused to let her work with either of our children again.

yes absolutely,i dont take calls from them,emails or letters now,we did actually get an apology of sorts off them last year to which i nearly fainted!!

Blossomhill · 11/02/2009 20:43

Thanks for all of your advice. I have to say I feel sick to my stomach after speaking to the local Parent Partnership today. Apparently they will definitely try and place dd at the local asd unit. Who incidentally when I phoned up to enquire informed when I asked how they would deal with dd if she was having a bad day, week etc that they didn't take children like "that" only the ones that conform FFS

Macwoozy I wonder how near we live to each other?

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TotalChaos · 11/02/2009 21:08

. if the kids didn't have a bad day/have difficulties conforming then why would they need to be in a unit rather than in m/s FFS. Sorry that you feel worse after speaking to PP.

macwoozy · 11/02/2009 22:16

Oh don't worry I just know we live in the same sort of area, in terms of counties!! I don't even know the town you that you live in, and wouldn't want to know. I just know that over the years, after reading some of your threads, that your dd and my ds have alot in common, in terms of school placements etc.

Blossomhill · 11/02/2009 22:18

Macwoozy I'm not worried at all the face was a bit tongue in cheek tbh Yes your ds does remind me of dd too!

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macwoozy · 11/02/2009 22:38

But wouldn't it be funny/scary if they were actually in the same language unit!!!

Blossomhill · 12/02/2009 10:41

They might be

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vjg13 · 12/02/2009 10:49

BH, I would visit the school the LEA are suggesting, seem open minded and then write down all your reasons as to why it's not suitable. IME of dealing with the LEA you do need to behave in this type of sneaky way. It will be all about you showing this school will not meet her needs and the school you want will.

flyingmum · 12/02/2009 19:20

Hi blossom

email me if you wish.

the LEA are mad. They are just trying to cover themselves and put you off. The big difference is that with a non-maintained school it is up to YOU to prove that it is the only one that can meet the needs of your child. You therefore have to prove that the LEA suggested options CANNOT meet those needs which means plodding round them all and being very specific as to why they can't meet those needs. You need to gather evidence (ofsted reports, etc). Some SENCOs will tell you on the QT that they will struggle with your child but they cannot tell you that up front because of Inclusion, etc. We have just been sent the paper work of a child who needs to really go to the school my son is in - he needs mega therapy. The LEA are just trying our unit as a last ditch attempt. We can't really meet his needs but we can't come out and say that we have to couch it in very careful langauge - otherwise we could all be sacked!

Mac and Blossom - we are not that far apart - say about 50 mins drive - perhaps we should meet up one day. You are more than welcome to go through my chap's case statement, etc if that would help.

Blossomhill · 12/02/2009 20:34

Hi Flyingmum thank you so much that is really interesting and I will take all of your points on board. I am defnitely up for a meet up, maybe after half term?

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jenk1 · 12/02/2009 21:03

oh yes forgot to add that we went along with their pretence of getting DS in 2 mainstream schools, we took DS to the first one who looked around with us and then said NO very loudly when the senco asked him if he wanted to go there.

The 2nd one we went to visit again on pretence of going along and the headteacher did NOT want DS in her school,she was very honest and upfront with us and she provided evidence to say so to the tribunal,it probably helped that she was retiring at the end of the summer so wasnt bothered about ruffling feathers at the LEA!!!

BONKmesenselERZ · 13/02/2009 08:11

I sent a very frank and honest email to 115 schools in my area asking if they would have DS at their school and asking them to be honest in their replies and to consider how he would impact on their school. I had 50+ replies all stating they could not meet DSs needs and some said alot more! This definately helped my case!

daisy5678 · 13/02/2009 17:49

Remember that Bonkerz - they were so cross at the LEA!