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babnye1

AS not coping with school

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I don't know if CAHMS stance may be working against your son's educational needs. Because they are saying he is not medically unfit to attend school, the LA [as far as I understand it], are not compelled to provide an education as he is out of school due to his own choice, not due to illness.

 

However I have also heard of other parents managing to get part home/part school education on the Statement too. I have not come across a family that has managed to get all education [and I presume also therapy and access to professionals] provided at home as opposed to the parent home educating and the LA therefore having no responsibility.

 

I have heard of a family setting up a 'school', where their child was the only pupil and where he would remain the only pupil as he could not cope with other children and the 'group' environment of school. Which I suppose is what you are kind of aiming for. But you need to find as much case law as you can to back up your case.

 

I'm sure the LA line is going to be that if he is not 'medically ill or medically unable to attend school' that he should return to a school environment. And even if you do get some concessions, their aim long term is going to be reintegration unless you have the evidence of why reintegration is never going to work - which seems to be anxiety etc, yet CAHMS won't actually state that?

 

Have CAHMS actually put in writing that your son is unable to access mainstream education in that learning environment as that is where he becomes ill/anxious.

 

I think they are splitting hairs really with an Anxiety Disorder, because due to its very nature, the anxiety is at it's worst when placed in those situations/environments that cause it. My own son was much better at home than in school, and much better in the house than out in the community. That different reaction was the proof that my son did have an Anxiety Disorder. And there are different anxiety disorders. I suppose a General Anxiety Disorder is one that is there all the time.

Edited by Sally44

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No Sally. He is signed off medically and has been since May by the GP. But because his anxiety relates to school, CAMHS say this means education have to work out where he is best placed. This is a matter for an educational psychologist.

 

I think anxiety and CAMHS is largely a red herring/diversion to be honest. If a child spends all his time at school outside theclass because he can't cope with being in the class, then this is should be standard fodder for an educational psychologist. It is an issue for schools, EPs and children with ASD and one all parties should be well capable of addressing.

 

So the question is not just - should he be signed off medically but is this the right placement for him? Is it capable of offering him a suitable education? What is the purpose of re-integration for a child who will inevitably end up sitting outside the class in reception or the staff room all year?

 

In terms of evidence that re-integration won't work, well we have been trying that since February will all parties involvement including the EP and no one has come up with anything. How on earth would CAMHS change this?

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I totally agree with what you are saying. I'm just thinking about how the process is working at the moment ie. the LA are not legally responsible to provide any education for any child that is out of school, regardless of how long that is, if a consultant that is seeing that child has not said they are medically unit to attend school. That is the just one part of the process of jumping through hoops to try to get an outcome. But also the loophole LA's use to get out of having to provide anything.

 

My son was the same, spending alot of time out of the classroom - at his insistence so that he could concentrate and try to do his work. To then becoming more anxious and then being out of school for about a year. We received no 'education' during that time at all. The LA did provide an adult specialist teacher who attempted to take him out of the home for two 1.5 hour sessions a week - and he failed to achieve this due to anxiety.

 

I hope you do have a case for Judicial Review, or that it is resolved in some way some time soon because it really has gone on too long hasn't it.

 

But, unfortunately, as there is no way to 'punish' the LA in a way that might make them actually do what they should be doing. So it works in their favour to do nothing as it costs them zero to do nothing. The chances are it will end up at either Judicial Review [if that is possible] or a SEND Appeal with the LA just waiting for them to be Ordered to do what they should have done all along.

 

CAHMS wouldn't change anything other than being the consultant [must be consultant and not EP] that puts in writing that the child is not capable of attending school due to medical reasons. It doesn't have to be CAHMS. But by CAHMS saying that he does not have an Anxiety Disorder, that means it is the current school itself that is the problem - but no confirmation that no school will ever be suitable for him. So that is why you have gone through months and months of apparently nothing happening while they tried to do something.

 

That is why there has been a continual effort by the LA to reintegrate to school. And the EP is going to take advice from what CAHMS is saying ie. he does not have an Anxiety Disorder, so potentially he could attend a school IF that was the right school environment etc. I'm sure the EP has probably said something like they cannot name a school, but they can describe the type of school etc. I don't know if a LA EP would ever say that a particular child is not capable of attending school and must be taught at home. Have you ever heard of that happening.

 

Usually at some stage the LA gives in to the parental choice of school [ie. at a SEND Tribunal] [which when a child is refusing to attend an LA mainstream or special school, that is usually the next step up ie. independent ASD school].

 

However you are not seeking that. You are asking that the LA educates your child at home by sending in tutors and also therapy and input from EP/SALT/OT?? That is even rarer than seeking an independent placement. So you need case law examples that are similar to your situation, and I cannot help with that as I have no experience of it and have not heard of any other similar cases.

 

What have you found out yourself about what you are seeking?

Edited by Sally44

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Thanks Sally. The law does not say a consultant needs to sign a child off. The LA has accepted they will provide some home education (they have not said what) while they hold a meeting and refer to CAMHS with a view to reintegrating.

 

But the school has already said they will not do this and all professionals at the meeting in the summer accepted it would not be in my son's best interests to force him back to school.

 

My lawyer is acting pro bono and is preparing a pre-action protocol letter. We have previously spoken to counsel on this so we are good to go and will get legal aid.

 

The problem the LA has is that there is no provision locally for primary school children of my sons profile even at independent SS level. Further, in terms of education otherwise than at school, the law permits this under s 319 of Education Act. There is no need for case law on it. It just falls in to the range of possible provision available if it is appropriate to meet the needs of the child.

 

It is becoming increasingly widely used for children of on AS profile who need a more flexible approach to schooling.

 

My LA is a dinosaur - and a vicious one. They don't give a damn about my son or his needs. I don't know how these people live with themselves. I would rather clean toilets than do what they do to kids,

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