I Need the Wisdom

[helenl53]

Hello All,

 

I am feeling a little battered. My son was very badly treated at school last year and I have loads of letters and reports to the school and Pupil and Parent Support about the treatment that he was getting (in the main - by his classteacher!) Things got so bad and I was keeping Pupil and Parent Support fully informed of the difficulties. They were being given assurances by the school that my sons was a happy well ajdusted, high achieving child. THIS WAS NOT TRUE. My son suffered mental health problems and developed Tourette symptoms. I had been asking the school to apply to have him statemented and they told me that this could not happen as he was not bad enough and that I should just let him be himself.

 

Anyway, I told the school in June that my son would not be returning in the September and letters were sent the the Governors and LEA etc. I have always sent letters and reports to everyone and kept good records.

 

Anyway, in the meantime, I heard of an Independent School that had excellent SEN provision and we went to see it. They agreed to start my son on a trial basis in the September. In the meantime, I had requested a Statutory Assessment of my son and this was declined by the LEA on the grounds that my sons needs had been met at his mainstream school - according to a report from them. I took in all my correspondence etc and a parents request to overturn the decision. This went before the MAG panel and it was agreed that they would commence the assessment.

 

In January this year, the draft statement was issued. I had a number of issues with it, not least of which was the fact that they had not taken any of the S&L difficulties into account. They said that they could not do this as the report they had was out of date and I had not given permission for a new one - WRONG! - anyway, by co-incidence a S&L lady turned up at my sons school and I thought she had been asked to attend by the LEA, but I have since found out that she was attending as a matter of routine follow up. She subsequently told me that although my son is 9.3 years old, his corrected age for the communication thingummies was 6.2 years - so I would say that is not too good.

 

Anyway, (and I am sorry that this is rambling) I also was not happy with the statement saying "J's needs could be met from the schools SEN budget" and I asked them to quantify the time that would be required. They said that I needed to be flexible on this as I had to allow the schools to be able to decide for themselves, how much time my boy should have. I have been refusing and insisting that I want this to be quantified as I hear far too many horror stories about schools interpreting statements as they see fit!!

 

He is very well supported at his current school and is very happy - he still has difficulties but the school and myself have a good relationship and my son is thriving. It goes without saying that this was the school that I named at part 4.

 

I found out by accident, that the LEA were going to put the choice of school before the MAG panel - I only found out when I queried something on the statement.

 

Anyway it went before the panel last Thursday - and they went along with the recommendation of the LEA that my sons needs could be met at one of the Borough schools. I phoned on Friday and asked what evidence had been put before the panel and requested that I be faxed a copy immediately. I was told that this would be difficult. I asked them how they could consider that his needs could be met in one of their schools when he had been so badly let down, and they insist that his needs were met, and anyway, they would be met now, as he had a statement. (at his last school, when the SENco was asked what training was in place for ASDs, replied quite indignantly, "the teachers are all given a leaflet"). I am still hearing horror stories from the school about their provision from parents within our support group. How can an LEA refuse to support a child in a placement where he is being supported? I would never do this to my son, but what it seems like I should be doing, is putting him back into his old school and then letting it all go wrong again.

 

I have concerns - I finally got copies of what was purported to have been given to the Panel at 4.30 today with the excuse that it could only be done by the person who had written the statement as she had attended the MAG meeting and that all documents are shredded as soon as the meeting is over and as all the reports are in date order in the file, it was too difficult to get them together before today!!!......As we know, parents are not allowed to conduct their own pleas to the panel and also parents are not allowed to know who was on the panel.

 

Now I will ask all you wise ones - the draft statement was issued on the 11th January - they are proposing to send me a second draft - but I have said I want the statement finalised - are they using delaying tactics? How do I know that the decision went to the Mag panel? Will I be too late for tribunal if they give me another proposed statement.

 

And finally, having looked at the UN Convention on the Council website, does my sons rights as a human being take precedence over these panel and lea decisions? because if my interpretation is right, then there are some breaches of his basic rights.

 

 

Sorry that this has gone on and on but I am really worried and I can not see the wood for the trees at the moment.

 

Best Wishes

 

Helen

[Helen]

Hiya Helen,

 

I don't understand how your LEA can name a school of its choice when you have already put your son into the independent school - you'd have a good arguement to continue schooling your son at the independent school because he has been there since September.

 

You are right to be cautious about being flexible with regards to the quantifying of the Statement. The Statement must be quantified and specified.

the draft statement was issued on the 11th January - they are proposing to send me a second draft - but I have said I want the statement finalised - are they using delaying tactics?

You'd be acting within your rights to request a final Statement being that you're not happy with the proposed version - if you want a final Statement then you ought to put your request in writing - in clear, unambiguous language. On the other hand, the LEA may want to amend this present draft Statement to accommodate your concerns - to get things right (but I doubt it...). As you know, once the LEA has issued the draft Statement it then has within 8 weeks to issue the final Statement.

 

Helen, to be honest, it sounds to me like delay tactics... get that Statement finalised a.s.a.p

[oracle]

Hi Helen (53)

 

Can you copy your post onto the Campaign Group and I will ring Claire and ask her to read it. If anyone can advise you - as well as Nellie - then Claire can.

 

Carole

[mossgrove]

Helen

 

I think you need to get some advice and fast. It sounds to me like the LEA are making it up as they go along!

 

In out area I have never heard anything about panels meeting in secret without parents knowing who is on the panel and documents being shredded immediately afterwards. Being as there could be a tribunal hearing later on or potential judicial review if you wanted to take it that far, I would question the fact that they have the legal right to act as you have described.It hardly sounds like open government!

 

Does anyone know if this is legal?

 

Simon

[helenl53]

Hello All,

 

I am having a very big blub at the moment. I have contacted the Childrens Legal Centre who have told me that the nub of the problem is the Independent School and that the onus is on us to prove to a tribunal that there is no other maintained school or a cheaper independent that can meet his needs.

 

Neither I nor my son were given the opportunity of presenting this the the MAAG panel.

 

At the moment - I just feel that I have been well and truly kicked by the LEA.

 

The guy has said that I may be able to refer the maladminstration bits to Ombudsman but only after the Tribunal - my head is spinning at the moment.

 

I have to thank everyone for supporting me at the moment - I am feeling like a jellyfish - I hope I will bounce back. Helen, thanks for you PM's

 

I will post onto the Campaim site as I need to explore every avenue at the moment.

 

Bye for now

 

Helen

[Helen]

Hello Helen,

 

I don't know who you'd want to support you through a (possible ?) tribunal situation, but I think you ought to get some support for the time being from the NAS Advocacy for Education service.

 

You need to start building a case for yourself now, as you obviously know what you want for you son.

 

Good luck, Helen

[helenl53]

Hi Helen,

 

Thanks for that.

 

I have just posted on the Campaim site. But one thing I have done is spoken to my lads Paed who has said he is prepared to send a letter to the LEA in support of J being funded at his current school. I think that I may be able to get the S&L lady to agree to this as well as she apparently spoke to my sons SENCO and said that she felt that J could only be supported in a school such as the one he was in. The SENCO said it was remarkable in that, they normally get a bashing from the professionals about these kids should be in the Lea schools.

 

I am now stuck between a rock and a hard place. No I'm not, I have just realised that the next MAAG is next Thursday and the Statement needs to be finalised by Friday - maybe , just maybe I can squeeze in the reports.

 

Off to fight again - but I am well and truly cream crackered. And I know that this is the only place that I will be able to say this and no one will judge me harshly - but I had some very dark thoughts this morning about me and my son - I always appear to be very strong but I suffer from Bi-Polar disorder and I feel like it is coming back. I will have to keep well and if necessary get some medication to help me for a while. I feel such a failure allowing non entities at the LEA to push me into the darkness.

 

 

Helen

[barefoot wend]

Helen

 

Stay strong for the both of you.

 

Lots of hugs and best wishes

 

Barefoot

[helenl53]

Hello All,

 

This is a very quick post, but I have just spoken to the speech and language lady who is going to get together with the Paed to prepare a letter in support for the LEA funding J at his current school. She has also suggested that I get his current school to do the same. She said that she has some serious worries about his hidden, underlying anxieties and that not only does he need to be in small class setting, but that he should not be disrupted uder any circumstances as this will seriously set him back.

 

I phoned the Dfes who said that as the Statement has not yet been finalised, then I can make sure all these letters etc get to the LEA and then ask for Mediation (I think). He said that the LEA must have regard to the information that they have when preparing the statement and that if it went to Mediation, or Tribunal I could refer to them not taking account of information in the file and also I could take issue on the fact that they have used a letter that did not tell the truth, the whole truth and nothing but the truth and that they had failed to provide the additional information to the Panel.

 

All may not be lost - or all may be lost - who knows but I have to keep fighting - and tonite - forget the diet - I need to stuff on fish and chips and then have an early night ready to face romorrow.

 

Best wishes

 

Helen

[nellie]

Hi Helen,

 

Sorry to hear you are going through the this. The LEA should have gathered all the relevant information when making the assessment this should have included S&L. Did you submit a report from the present school? You will not be able to take the case to tribunal until the LEA have finalised the statement, if you feel they are time wasting and will not be willing to 'play ball' you could ask them to finalise the statement. The statement must be quantified and qualified, remind them that you will take the matter to the local ombudsman if it is not. Show them the following http://www.ipsea.org.uk/suffolk-ombudsman.htm

 

As I said before, you must prove that the LEA can not meet your sons needs in a maintained school before they will agree to fund an independent placement. I believe that professionals writing their reports can say what provision your son needs but not the school or type of provision, I think that is up to the LEA.

 

I would definitely call IPSEA and ask for their advice and support. Get as much information as possible so you know your rights and know exactly where you stand. Whatever happens keep discussions with the LEA open and bring in mediation.

 

Disagreement Resolution, Preventing and resolving disagreements.

http://www.asd-forum.org.uk/forum/index.php?showtopic=492

 

Take lots of deep breaths....stay positive...try to keep a mental picture of a positive outcome, the road might be a bit rough, but you have to believe you will get there. We are all here for you.

 

Take care Helen.

 

Nellie <'> <'>

[helenl53]

Hello Everyone

 

Just picked up my darling child from school, and how lovely to see his body language indicate to me, that he is comfortable in that environment.

 

I need to go and grab 40 winks as I am giddy with tiredness - I just need to recharge

 

 

Love and thanks everyone for the wonderful support (as usual!)

 

Helen

[katkin]

Hi, hope you're awake after your snooze!!! Haven't really got anything to add except that I'll be thinking of you tomorrow. And remember you are strong,if you can fight like this you must be super mum. Hope it goes well, enjoy the fish and chips and don't forget the pudding. Kat

[helenl53]

Thanks Katkin

 

I had a quick hour, some fish and chips and I still feel groggy but I am starting to see things a little clearer.

 

School, Paed and S&L are willing to support type of placement that J is in. LEA have not offered Mediation service and looking through the COP, it should have been one of the options mentioned when the proposed statement was issued - it wasn't.

 

 

Apart from all the fantastic information and links to IPSEA etc from this site, I have been given some information from a lady called Claire, on the Campaim site.

 

It seems that I can ask the Data - oh poo I have forgotten the rest of the title - will post it later! - something or other officer at the Council to provide me with notes of any meetings relating to my son, whether or not I was aware of them or not and also emails etc sent between the people in the council who have been dealing with my son. I wonder if I will find anything revealing!!!!!

 

I think that at the very least, there has been some serious mis-representation of information to the MAAG panel and some very very suspect dealings.

 

Thanks again to everyone and will keep you posted.

 

HelenL

[Kazzen161]

The LEA does not like it when you take a child out of a school, put him another school, and then ask them to name it in a statement (I have known several people try this).

 

The LEA can't just agree if people do this (otherwise we would all be doing it!). My friend eventually got the LEA to agree to do so, but only after the mainstream school her son had been at before admitted they could not meet his needs.

 

You can still have mediation even if you have started the appeals process - do not postpone sending off the appeal in case the time limit runs out. You can cancel the appeal if it becomes unnecessary.

 

Karen

[helenl53]

Hi Kazzen

 

The difference here though, is that I have plenty of evidence that his old school could not meet his needs - even at Schools Action Plus.

 

He is so settled and they propose to disrupt him - where is the logic in that?

 

Best wishes

 

HelenL

[helenl53]

Hello Peeps,

 

I have had a funny old day.

 

I got a phone call first thing from S & L lady who said she had bad news. She had been told by her line manager that she was not to create a them and us situation with the lea by actively supporting my son. So she wouldn't be able to write to the LEA to suggest that he should not be disrupted. That was a bit of a downer, but I can't say that I am surprised - petty politics seem to rule.

 

I then got on my high horse and phoned the council and asked for the Data Information Officer so that I could pull all the records regarding my son that I have previously been denied access to. They are sending me a form.

 

Then I decided to ask to speak the the Director fo Education and Childrens Services who was appointed in January. He phoned me tonite. He has said that he will get a report from the Pupil and Parent Support people tomorrow to see where they are at. I told him the catalogue of errors but that my main concern was that a life changing decision had been made about my son and I beleive that the LEA had been "very selective" about what information it presented to the panel.

 

He seemed to pick up on what I wanted pretty quickly and said "so, to summarise, you are wanting the most recent Speech and Language report to be included, and you wish the hours needed to support your child to be quantified and that you wish resources to be put into his current school to meet his needs" YES said I.

 

How much pull do you think he will have.

 

As the statement should be finalised within 8 weeks of being issued, and as I have insisted that I want it to be finalised, this coming Tuesday is the last day!!!

 

I also made the point that, Parent Support had not had time to look at the statement and therefore I had been disadvantaged by not having it pointed out to me that I should have made a case for naming the school - not just named it. Naughty Naughty - Parent Support person is paid by LEA!!!!

 

I have also not been given the advice that Mediation is available - another Naughty Naughty.

 

When I see how happy my boy is - still a fruit loop, but at least a happy fruit loop, it makes this fight for the school all worth while. This time last year, he couldn't talk properly and was grunting, shuddering, pooing, covered in huge big horrible weals and spots - all because they were giving him a hard time at his last school. (the one the LEA claim met his needs!!!)

 

Will keep you posted

 

Love

 

HelenL

[Kathryn]

Hi Helen,

 

I'm sorry you're having such a tough time, keep fighting, you're doing a great job. Our director of education didn't even reply to our letter - the fact that you had a phone call is amazing.

 

I think your LEA are acting illegally in not informing you of your right to disagreement resolution, by the way.

 

God luck, stay strong,

 

K

[helenl53]

Hi Kathryn,

 

Thanks for that - but I am a small person and we are so aggravating and will not give up. My mum says I am like a dog with a bone. True. Guy I work for phoned to see how much work I had done for him - None says I - why not he says - problems with LEA says I, and I need to put all my energies into it - he says, Helen I am just going to say one thing - I pity the poor LEA!! (I thought it was going to be - You are fired!)

 

I can be quite demanding! - I only found out about the MAAG decision by insisting that I was going to wait on the phone until the person who could tell me what the decision was, had returned to her desk!!! - I find it amazing how often, as soon as I say who I am, the person I wished to speak to all of a sudden,is no longer at their desk and no one knows when they will be back.!!!

 

Yesterday was a very bad and dark day for me and I am very ashamed of some of the awful thoughts that came into my head but my little inner voice keeps telling me not to let the bar stewards get me down.

 

Love

 

helenL

[Kazzen161]

The Dir of Ed has a lot of clout, especially if the proper process has not been followed - people will be gettting worried.

 

>>I find it amazing how often, as soon as I say who I am, the person I wished to speak to all of a sudden,is no longer at their desk and no one knows when they will be back.!!!

 

My friends and I have had the same experience - one even heard him in the background saying "tell her I'm not here".

 

I used to get a lot of info from the minions when the main person was out - they would tell me the little notes written in the file - then suddenly the file was never in the Office - I think he took it everywhere with him!

 

I was never told that I could send in extra info, but I did. At one time both my friend and I were sending in several-page letters for the CPG meetings, and when I rang Friday morning for the result, I was told the meeting overran by two hours - nice to know we caused them some problems!

 

Karen