babnye1

I think school are trying to get me to refuse the TA so they can say to the LA we were prepared to send the TA but parent stopped it. I think this is a very disappointing attitude as they clearly don't want to send the TA but don't want to say no and will use me. It's not even a school in the same county as the LA

Thanks Sally - and thanks for always answering so helpfully. It is really appreciated.

Thanks Sally. I agree, there is nothing to lose for them in just stringing things out. We have not said we want long-term home education, only that, at the moment, tutors at home are working so this should be reflected in a package which is put in the statement. The school placement has broken down and the LA have nothing to offer and we have not found any schools suitable. It seems to us to be not only the best but the only option. I think the guidance is clear. However, it does suggest that LAs can avoid the duty arising for them to provide the education themselves but only if there is suitable education already being offered by school, and they have to be convinced it is suitable after taking the guidance into account. This is not the same as forcing the school to do something that the LA think is suitable against the school's will because the LA has already paid the school for a TA. Interestingly, the statutory guidance obliges the LA to set out a policy on this and have a named person dealing with it and to tell parents about this.

Thanks Sally. We have threatened to issue judicial review proceedings if they don't put something in place by the end of the week. The problem has been that they have tried to force school to offer a TA. School doesn't want to so hasn't reached agreement. LA are writing to lawyer and pretending that it is in place. Their cover has been blown now but I think even if they persuade school to offer a TA, this is not enough.

Thanks. I'm really sorry to hear about your problems too. It's a nightmare. There's no question that they know he is off for medical reasons as they have admitted this in writing.

Son is out of school. Accepted medical grounds because he has AS and anxiety. As far as I can see this entitles children to access home tuition. LA are trying to make school send TA out. But the statutory guidance suggests he is entitled to an educatiin which is equivalent to the one he would receive in school. This is surely not TA support. http://media.education.gov.uk/assets/files/pdf/s/health%20needs%20guidance%20%20-%20revised%20may%202013%20final.pdf

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,

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?

No one is accusing me of not educating him. Sorry if I am confusing thing. I am having to take action against them for not providing an education.

I have been educating him myself effectively since I started to post on here. We have even paid for some tutor sessions. I work and I need to factor that in too. I have nothing against HE but not sure why the LA shouldn't stump up for some of the funding. It's not elective when there is nowhere else for him to go.

He has been out of school since May with no educational provision put in place and no amendments to his statement so he is not receiving any education. That is the basis of the JR.

Just an update. After holding two meetings last term with all professionals involved, it was agreed that my son should not to return to school and an education out of school package should be put in place. LA did nothing but it went to SEN Panel last week and they have said they want him 're-integrated' back to school and have asked CAMHS to do an assessment. This is despite the clear recommendations from everyone at the meeting including school that it is not in my son's interests for him to return. CAMHS have already said TWICE that they do not need to be involved as my son does not have an anxiety disorder (he is fine out of school) he just needs his educational placement sorting. They discharged him after all professionals agreed on a package. So we are now facing a judicial review for failing to educate.

Sorry, but I can cope with my son. It is the stress of being constantly shafted by LAs and the NHS that gets me down.

I have just started my own blog and I am trying to create a space for parents to 'tell it like it is'. Let me know if you would like to add any of your stories. I am using it as a campaigning tool and tweeting too!! Just message me.

I think it may also be because our children are all different so they will need different things. My frustration is that system does not really accomodate that at any level. DIY I think. I get sick and tired of spending money and energy to fight to get provision in a form or by a person who hasn't the first clue about my son but works on a knowledge of 'types'., May as well expend time and money pursuing an option we have control over,. School is to be got through. I will concentrate on his life.