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PinkSapphireAngel

THE SCHOOL SAID NO

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I am in pieces

DH got a call this morning from the casework officer saying the school have said they are unable to meet Luke's special needs.

 

We have no idea what happens now and are being told nothing more than this and to wait for the letter from THAT WOMAN

Edited by PinkSapphireAngel

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PSA >:D<<'> >:D<<'> Sorry If I'm going over old ground here but isn't the school you want named a mainstream but with a particularly good sen dept. Why on earth wouldn't they be able to meet Lukes needs. If they can't, why would the LEA 'believe' that the one they have suggested could :wacko: I think I would want to see all copies of correspondance that has passed between the SEN dept at the LEA and the school. I'm sure you will want to know exactly why they can't meet his needs!! I know you must be so upset but don't give up yet.

Did you notice that they are interviewing for a SN officer (thorough knowledge of the C.O.P essential) doesn't seem to have stopped them in the past :huh:

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Sorry to hear your news

do you have any other schools on standby

we have had some say no and all we have done is ask for prospectus

how can they stop you like that

 

good luck

 

one day the world will be fair

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I didn't know they were looking for an SN officer, oooh maybe they will be sacking THAT WOMAN!!

Yes it was the mainstream one with the best SEN department, I cannot understand why they would say they cannot meet his needs either but intend getting a FULL answer, wonder if it is worth my contacting the school themselves again as I do not trust THAT WOMAN and its her we are apparently waiting for a letter from!

 

The school they originally offered was before we even got the statutory assesment (which we had to go to tribunal to get)

I am trying to get to visit the special school again but knowing the lovely LEA they would probably find grounds somehow for that not to be right either.

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:(:(:(

 

>:D<<'> >:D<<'> >:D<<'>

 

Worth finding out some info from the school itself ... preferably written ... as to why they feel they cannot meet his needs - could provide some ammo for increased support ...

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PSA :(>:D<<'>

 

They just keep lobbing them at you don't they?

 

Hope you find out soon what their reasons are for not being able to meet your son's needs. Perhaps they'll tell you that this school is oversubscribed with SEN; But then surely the funding from a statement would cancel that out? Or maybe will they say Luke's needs can't be met in a mainstream school!!! If so, is the local SN school provision appropriate for him? If not would you be comfortable with him going out of county? They offered a paricular school which you weren't happy with; what sort of answer will they come up with when you ask them what is so different about that school that they say they CAN meet his needs, when your school of choice say they can not :o

 

You and your family have been messed around so much.

 

The whole thing is a continuing farce, but you don't need me to tell you that.

 

Flora >:D<<'>

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Oh, I'm so sorry PSA....what a huge blow to deal with.....after going thru all this too :(>:D<<'> >:D<<'> I hope you get to the bottom of the school's refusal very, very soon >:D<<'> Take care hun x

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I have no idea what they will say now but knowing this LEA they will probably just try and name another mainstream school who are desperate for the money a child with a statement gives them.

 

I have emailed the school directly to ask them why they have made this decision, but from experience I know they will probably just say we have to wait to hear from the LEA in due course as they responded to them.

 

I have emailed the LEA and asked them to send a copy of the statement to the special school and also emailed the special school asking if I can bring Luke for a visit.

 

Neither DH or I could sleep last night and I think its back to me doing all the contacting the LEA etc again.

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Do you have access to the SEN code of practice?It is downloadable in PDF format.

]

 

There is a section on naming a school;

 

'Parents may express a preference for a maintained school but not a PRU or hospital special school they wish their child to attend,or make representations for a placement in any other school.LEAs must comply with parental preference unless the school is unsuitable to the child's age,ability,aptitude or special educational needs,or the placement would be incompatible with the efficient education of the other children with whom the child would be educated,or the efficient use of resources.LEAs must consider parental representations and arrange any meeting(s) with LEA advisers or officers the parents seek,before issuing the final statement.'

 

The interpretation goes on to say that;

An LEA that believes that the education of a particular child in the mainstream would be incompatible with the efficient education of others must consider whether there are any reasonable steps they could take to prevent the child's inclusion from having that effect.In relation to a particular maintained school they must consider the reasonable steps that they or the governing body could take.

 

There might be a lot of relevant pieces in section 8,which you could use to see if the LEA and the school are complying with the law.Otherwise,you may be able to argue that if educating L is incompatible with the efficient education of all the other children,then he must really require a specialist placement!!!xx

Edited by CarerQuie

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Hi PSH,

 

CarerQuie is right. We were in the same position as you. No school could meet A's needs because the changes they would have needed to make to the environment in order to meet A's sensory needs would not have been considered reasonable adjustments or compatible with the needs of the other children. We used that to get the LEA to pay for A's education at home. Regardless of what the LEA's letter eventually says I'm sure that there will be something you can use to your advantage.

 

If you're absolutely set on the mainstream school you named, go and fight for it. If you'd rather have specialist provision use the mainstream's refusal to have your son as ammunition.

 

Sorry they're still messing you about, I know how frustrating it can be, took me 11 months from when I first got A's provisional statement to getting his educational provision sorted and agreed. Even finalising the statement didn't get the provision that had already been agreed!

 

Thinking of you. Let us know what the reasons for refusal are when you get the letter.

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Hi PSA I have been going through some of my old paperwork to see what happened when it was time for me to 'choose' a school for my ds, not forgetting that he was already statemented. I have a copy of a letter sent to the HT of the school we wanted it says

Dear Mr. ***

Following a period of consiltation and after full consideration of the representations made by the governors of the school, it has been decided to name *** on ****'s statement of SEN from Sept 2005. Please inform his parents of your intention to allocate him a place. etc. etc. Don't know if this is a standard letter and what representations the governors make but that might be interesting to know as well ;)

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PSA you could try putting up a new post.Ask what happens if governors say they cannot meet your child's needs but LEA are prepared to over rule them.I am sure somone here will know the answer if they see your problem.Karen

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PP have left me a message to say they spoke to the LEA and they confirmed the school say they cannot meet his needs, but get this...

she says its probably becaue I made sure the statement was SO TIGHT and that this is what happens!!! :o

She has left a message for the head SENCO of the school to phone her and is waiting to hear from him, she told me NOT to email anyone or anything till then!

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PSA, >:D<<'>

 

I'm sorry things have gone pear shaped. :( I think PP might be right, sometimes a statement can be so tight that a school cannot provide for the child. I would be asking the LEA to give the reasons why the school of your choice cannot meet your child's needs. If you don't know the reasons how can you question it?

 

Hope the following helps explain.

 

Once parents have expressed a preference for a school a local authority will consider the individual school's suitability for the child.

 

The strengthened right to a mainstream place does not mean that parents have an unqualified right to a place at a particular mainstream school for their child; not does it prevent them stating a preference for a maintained special school.

 

The law which deals with parental preference is found in Schedule 27 of the Education Act 1996. This says that the local authority must name the maintained school that parents prefer unless:

 

* the school is unsuitable for the child's age, ability and aptitude and the special educational needs set out in Part 2 of the Statement, or

 

* the child's attendance is incompatible with the efficient education of other children in the school or the efficient use of the local authority's resources.

(sched. 27 EA96)

 

The local authority must consult the governing body of the parents' preferred school and if the school is in another local authority area, that local authority as well, sending full details of the child's special educational needs and provision. The local authority has the final decision on which school to name in the statement but it will take the views of the governing body into account. If a maintained school is named on a Statement the school must admit the child. If the local authority decides, for one of the reasons allowed in schedule 27 (see above) not to name the parent's preferred school, it will identify another maintained school and consult in the same way (Par 3, Sched. 27 EA96)

 

Good luck

 

Nellie >:D<<'>

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It's my understanding that the LEA can force the school to accept a child and overturn their decision. A mainstream school would have to have a very good argument as to why they couldn't cope with a child who has only been awarded 17 hours in a statement!! You have the right to appeal to SENDIST (again!!!) and SENDIST can order the LEA to name the school. You have a very strong case. One minute the LEA are saying Luke's fine and doesn't need any additional help at all and the next a mainstream school is saying it can't meet his needs!!!! Sounds barmy to me. To make a parent go to tribunal to assess, then tribunal to make a statement (even though you didn't have to attend it still counts as you won the case) and then make them go back again for refusing to name parental preference school. Disgraceful. I don't think SENDIST will be very pleased. Make it clear to the LEA that you will not be accepting this decision and plan to appeal. They'll know that they won't stand a hope in hell.

 

Lisa

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Have just spoken to PP and they have heard from the SENCO at the school and apparently they did freak when read my "water tight" statement and thought he was too severe for them, PP have said he is not how they have thought he is (he is high functioning)

 

The SENCO is going to talk to the head early next week and see what they say (Whether it would then have to go back to the govenors again) I am going to have a go at Lukes primary school teacher as he was meant to be writing to the school to tell them what an asset Luke would be etc.

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She also told me that if she cannot get the school to change their mind the LEA would suggest a local mainstream school with an autism unit but there is NO way we would not send him there as I have heard awful things about this unit and actually know parents of statemented children fighting to get their kids OUT of the school.

 

 

I got a letter from the LEA after talking to the PP saying the school had refused Luke as they felt his attendance would be incompatable with the efficient education of other children in his year group.

They also say they intend applying for a place for Luke at the Specialist Resourced Provision at a local school and that their panel will be viewing Luke's papers on November 6th!

 

I have emailed PP to say the LEA woman needs to be informed we are waiting from more response from our chosen school

 

If they still refuse it would then be for us to request the special school instead.

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Stay calm PSA - it seems to me that you have a strong case here, as others have said.

 

The statutory framework for inclusion makes it very clear that mainstream schools must make all reasonable adjustments for children with SEN. (If you have time and energy , it makes very interesting reading). The burden of proof rests with the school - they would have to demonstrate very clearly why they could not accept your son. Which is good news for you if it came down to a tribunal. Hopefully after everyone has talked to each other, that won't be necessary.

 

K x

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PSA

I'm sorry you're going through such an ordeal! It sounds that the school is not very flexible when it comes to support. I hope you can get the placement and all the support your ds is entitled to without having to go to tribunal again, but if you have to, stick to your guns!

I'm interested in hearing your reasons for not preferring the school with the autistic unit as I 'm thinking of one for my ds. Please PM me if you can , Id like to know whether it's the same school in my area...

 

>:D<<'> >:D<<'>

Curra

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NOTHING!!!

PP told us last week the SENCO would be speaking to the HT and then contacting her in the "early part of this week" so we are still waiting :robbie:

 

I am going to email her today to ask if she has heard anything but I know she will just tell me to hang in there and hold back!!

Like to see her and the LEA do that if they had been through everything we have and if it was their child!

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Well PP have just left a message saying the SENCO of the school want to meet with us and PP on Monday morning @ 10am.

DH is just trying to phone her back to see whether it is ok to bring Luke as getting childcare is a problem as always.

At least the little one (aged 4) will be at playgroup.

 

DH just spoke to PP and apparentky the school are saying they want Luke to come so they can meet him and show him around the school on a normal quiet day (ie not an open evening)

they want to meet me and DH and have said they would want to review the statement/Luke sooner than LEA are reccomending to make sure they are able to meet all Luke's needs,

they also want to see his Year 6 SATs results so they can see where t place him.

 

So sounds a bit more positive at the moment but I will believe it all when I see it. :blink:

Edited by PinkSapphireAngel

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Well PP have just left a message saying the SENCO of the school want to meet with us and PP on Monday morning @ 10am.

DH is just trying to phone her back to see whether it is ok to bring Luke as getting childcare is a problem as always.

At least the little one (aged 4) will be at playgroup.

 

DH just spoke to PP and apparentky the school are saying they want Luke to come so they can meet him and show him around the school on a normal quiet day (ie not an open evening)

they want to meet me and DH and have said they would want to review the statement/Luke sooner than LEA are reccomending to make sure they are able to meet all Luke's needs,

they also want to see his Year 6 SATs results so they can see where t place him.

 

So sounds a bit more positive at the moment but I will believe it all when I see it. :blink:

 

Good news.Hope it works out.Karen

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HE HAS A SCHOOL!!!

 

They are offering him a place and he will start straight after half term!!!!

 

He is so excited now and loved looking around.

I am still in shock tbh and am a bit worried about how he will get there and cope etc so I know we can work things out.

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Brilliant news I ve kept checking the forum to see if you were home!!!!!!!! :notworthy::notworthy::notworthy::notworthy::notworthy::notworthy:

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