Meeting tommorrow-case law/law/sencop advice needed pretty please

[curvychick]

I have a(nother)meeting with school tommorrow. In our last one the head kept banging on about how ds had made great progress this year, which in most academic areas he has. My problem is that progress shouldnt just be defined by academic achievement, and because ds is doing ok (although definately not acheiving his full potential) the school seem to think they ahve no further obligation to implement any of the recomemdations we have had....

So, after 45 minutes of reading through the education act to find something to back me up, i found nada!

Can anyone point me in the direction of any caselaw/law/sencop guidelines that i can back my arguement up with?

I will of course, report back in great detail, the look on his face when he realises, that i wont be fobbed off any more

Thank you in advance o wise mumsnetters

What areas isn't he progressing in?

Are you going to be putting in request for a statutory assessment? I have just been refused due to ds working at National Curriculum levels however have quoted Sencop section 7.39 - academic attainment is not in itself sufficient for LEA's to conclude that a statutory assessment is or is not necessary'. HTH

Behaviour, ability to cope with school day, emotionally, life skills.....

He hasnt been in school since 10/06 and has been signed off indefinately by his Dr until school sort out appropriate provision....

Ooooh thanks catsbum! I also like tribunals idea, although he is the sort to double check and i would hate to give him the satisfaction of catching me out in a cheeky fib.

and socially, no progress at all, in fact i'd say we have gone backwards on that front

7:60 Children and young people who demonstrate features of emotional and behavioural
difficulties, who are withdrawn or isolated, disruptive and disturbing, hyperactive and
lack concentration; those with immature social skills; and those presenting challenging
behaviours arising from other complex special needs, may require help or counselling for
some, or all, of the following:
flexible teaching arrangements
help with development of social competence and emotional maturity
help in adjusting to school expectations and routines
help in acquiring the skills of positive interaction with peers and adults
specialised behavioural and cognitive approaches
re-channelling or re-focusing to diminish repetitive and self-injurious behaviours
provision of class and school systems which control or censure negative or difficult
behaviours and encourage positive behaviour
provision of a safe and supportive environment.
7:61 The LEA will need to consider, on an individual basis, whether these interventions can be
provided through School Action Plus or whether the LEA needs to undertake a statutory
assessment.

7:40 Nonetheless, attainment is the essential starting point when considering the evidence.
LEAs should always be alert to indications that a child?s learning difficulties may be
particularly complex or intractable. They should be alert, therefore, to significant
discrepancies between:
a child?s attainments in assessments and tests in core subjects of the National
Curriculum and the attainment of the majority of children of their age
a child?s attainments in assessments and tests in core subjects of the National
Curriculum and the performance expected of the child as indicated by a consensus
among those who have taught and observed the child, including their parents, and
supported by such standardised tests as can reliably be administered
a child?s attainment within one of the core subjects of the National Curriculum or
between one core subject and another
a child?s attainments in early learning goals in comparison with the attainments of the
majority of their peers.
7:41 LEAs should therefore seek clear recorded evidence of the child?s academic attainment
and ask, for example, whether:
the child is not benefiting from working on programmes of study relevant to the key
stage appropriate to their age or from earlier key stages, or is the subject of any
temporary exception from the National Curriculum under section 364 of the Education
Act 1996
the child is working at a level significantly below that of their contemporaries in any
of the core subjects of the National Curriculum or the foundation stage curriculum
there is evidence that the child is falling progressively behind the majority of children of
their age in academic attainment in any of the National Curriculum core subjects, as
measured by standardised tests and the teachers? own recorded assessments of a
child?s classroom work, including any portfolio of the child?s work.

Other factors
7:42 While academic assessments will provide important evidence, LEAs should not delay their
consideration of a child until up-to-date assessment results are available. LEAs should
also have regard to teachers? own recorded assessments of a child?s classroom work, the
outcome of IEPs and any portfolio of the child?s work compiled to illustrate their progress.
7:43 LEAs should also seek evidence of any other identifiable factors that could impact on
learning outcomes including:
clear, recorded evidence of clumsiness; significant difficulties of sequencing or visual
perception; deficiencies in working memory; or significant delays in language
functioning
any evidence of impaired social interaction or communication or a significantly
restricted repertoire of activities, interests and imaginative development
evidence of significant emotional or behavioural difficulties, as indicated by clear
recorded examples of withdrawn or disruptive behaviour; a marked and persistent
inability to concentrate; signs that the child experiences considerable frustration or
distress in relation to their learning difficulties; difficulties in establishing and
maintaining balanced relationships with their fellow pupils or with adults; and any other
evidence of a significant delay in the development of life and social skills.

In fact all of chapter 7.

Thank you lougle, great stuff!

I have copied Lougle's post

You can read and search and copy to your hearts' content Here - it is the online PDF. That's why I am so quick

that should come in handy!

The other issue here is that if the child has been signed off by a Dr due to stress and the school not meeting his needs then s 19 Education Act 1996 comes into play and the LA should be taking steps to ensure that he recevies upto 25 hours a week of support. The LA may offer 5 hours and say that it is all they have to provide. It is not. This support may be accessed throught the Education Other than at School Team or via the EWO LAs do it differently.
Why is the school not meeting needs?
Is the level of his needs beyond that which the school can meet?
If he need more has the school asked for more. The child is out of school. This is important. Time is of the essence. Press for Statutory assessment. Make a parental request. There are some helpful comments at educationadvocacy.co.uk/pages/faq.html

Nigel - Do you have any references to the 25 hours support that parents can spout?

Don't mean to hijack, but interested here too. DS only accessing very reduced timetable (but not 'signed off' by anyone) - we have quoted s.19 in our Parental Advice as the basis for our request for emergency provision of some kind in time for start of next term (because statement if we get it not due until mid-August so won't be in place). We thought he might fall into the 'or otherwise' category.

DS hasn't done a full week, or even a full day, since March.