No school wants my son!

[bettywobble]

You may have read my post saying I wanted to try get my son back into school after being home edded since september. We took him out of mainstream school as they weren't meeting his needs at all after numerous meetings and complaints. Plus school was really distressing him. He has a statement and also had a sen assistant for 26 hrs a week. We took him to visit a school this morning, and in were basically told they couldn't meet his needs either. We really want him to go to the local (only one within 60 miles) special school but we have been told by our sen officer that it is vastly over subscribed, and the places they have will got to children who will need it more in september. Now if no school can meet my sons needs and he is not getting an education surely he would need a place quite desperately?? What can we do?

[Sally44]

I think you will need to appeal to SENDIST.

I would speak with IPSEA about how to proceed.

Have you recently had an annual review?

You can also look on the SENDIST website and look at other decisions.

I have seen a similar situation where a child was refused a placement on the grounds that it was full.

The parents produced evidence in terms of reports which stated that he needed that type of school and environment.

The Panel at SENDIST made a decision that that was the type of school environment the child needed, and that making a ruling forcing the LEA to make another place would not be the detriment of the other pupils.

But, you will probably need to go to a Tribunal for that school place, or you can start to look at other independent schools or private schools that would meet his needs. Then it would come down to costing. If there is no mainstream school that can meet his needs, and the only special school is full, then they will look at the costings of other school placements. That will usually force the LEA to offer the placement you originally asked for because it will be a better use of resources.

But be prepared to go all the way. Use organisations such as IPSEA to support you. Both they and the National Autistic Society have education helplines and Tribunal helplines. I think in some cases they will provide you with a caseworker to get your case together. I don't know if they can actually accompany you to tribunal - so remember to ask.

I know you had your valid reasons for home educating. And lots of parents do do that. But from the LEAs point of view, you have saved them a huge amount of money in services and therapies that they did not have to provide, and if they can force you into remaining a home educator then it is in their interests to do so.

[Sally44]

Something else I wanted to tell you regarding assessments.

Have you heard of an organisation called BIBIC?

Their website is www.bibic.org.uk

They make assessments and make recommendations regarding therapies and strategies needed for children with neurological problems including ASDs.

Getting reports from them could be useful in helping you with your case against the LEA about school placement.

[alexmum2]

Bettywobble i know how you feel I too have had myd ds at home as he never went back to school in September. I too feel that no-one wants my ds the school we have applied for I think have turned us down which i nknew they would because the head was very adament that he had no place and would appeal our decision to send him ther ; but I was not goin to be put off. I still named this school as the one we felt would be best for him.

Keep trying you son has a right to an education; and they must provide one.

[Karen A]

Now if no school can meet my sons needs and he is not getting an education surely he would need a place quite desperately?? What can we do?

 

Hi.

I am not an expert.However I think that in making the decision to de-register your child you have told the LA that you are making arrangements to provide education yourself.

If you then say that your child is not getting an education I think there is a risk that the LA might then say that you are not fulfilling your responsibility which could create difficulties with whoever monitors home education and perhaps even those who monitor school attendance.It almost amounts to an admission that you are failing to allow your child access to education.

At the very least the LA may say that as you have opted to home-educate you have given up any priority to an urgent school place.

I am fully supportive of those who home-educate.However the LA will almost certainly have pupils that they have a legal responsibility to provide an education for and to find an appropriate placemtnt.They will almost certainly give these cases priority ahead of those for whom they no longer have any responsibility.

 

Section 7 of the Education Act 1996 recognises parents’ right to choose to educate their

child at home. Such arrangements are described as ‘education otherwise than at school’.

In such cases, if the child has a statement of special educational needs, it remains the

LEA’s duty to ensure that the child’s needs are met. The statement must remain in force

and the LEA must ensure that parents can make suitable, provision, including provision

for the child’s special educational needs. If the parent’s arrangements are suitable the LEA

are relieved of their duty to arrange the provision specified in the statement. If, however,

the parents’ attempt to educate the child at home results in provision which falls short of

meeting the child’s needs, then the parents are not making ‘suitable arrangements’ and

the LEA could not conclude that they were absolved of their responsibility to arrange the

provision in the statement. Even if the LEA is satisfied, the LEA remains under a duty to

maintain the child’s statement and to review it annually, following the procedures set out

in Chapter Nine

 

The COP above appears to say that if the LEA are not satisfied that parents are making alternative arrangements which meeets the child's needs then the LEA could not be absolved of their responsibitlty to arrange the provision in the Statement.

However it may be worth considering whether it would be wise to admit that you are not meeting your child's needs which is what might be required to push the LEA to intervene.

In effect if you have already convinced the LEA that you have made suitable provision then they are releived of their duty to arrange the provision documented in the Statement.

Edited November 19, 2009 by Karen A

[chris54]

Hi.

I am not an expert.However I think that in making the decision to de-register your child you have told the LA that you are making arrangements to provide education yourself.

If you then say that your child is not getting an education------

 

I must say that I agree, you could end up in hot water.

To take it to its extreme, it could end up attracting the attention of social services for all the wrong reasons.

[NobbyNobbs]

i dont know much about all of this but i would think the sticking point is that you took your son out of school and said that you could provide him with apropriate education. therefore other children who are in inapropriate education are higher priority than your son who is in theory getting the perfect education.

[bettywobble]

What about if the reason I removed my son from school was because he was distressed going to school, refused to go in/punched and kicked me when I wanted to take him in, chewed all the skin off his hands as he couldn't cope with that particular school; the school refused to arrange a "chill out" place for him as the room his class was in was too small, and even though they knew he couldn't cope with it? I wouldn't have taken him out of school if it could cope with him.

[Kazzen161]

If you had kept him off school because he was signed off with stress by the doctor, that might have helped in arguing for a change of placement. If you deregistered him, the LA don't really care why you did (I know they should). When you deregister your child you have to agree to provide a suitable education for him, so the LA may think he is not in urgent need of a school because you are educating him satisfactorily.

 

We are not saying we agree their reasoning is right, just that that is what they might think.

 

Have you asked the LA?

 

 

[bettywobble]

If you had kept him off school because he was signed off with stress by the doctor, that might have helped in arguing for a change of placement. If you deregistered him, the LA don't really care why you did (I know they should). When you deregister your child you have to agree to provide a suitable education for him, so the LA may think he is not in urgent need of a school because you are educating him satisfactorily.

 

We are not saying we agree their reasoning is right, just that that is what they might think.

 

Have you asked the LA?

 

 

The la are actually being rather helpful (at least his sen officer is). It's the schools that don't seem to want the hassle of him, which worries me, as the special school is full up, so if no school can take him, neither can the special school, what happens then? I wish I never took him out of school in all honesty.

[alexmum2]

This may or may not be of help but if i were in your position I would try and make an appointment for an interview with the head of special needs at your local county council and also contact parent partnership to get some one from there to go with you.

If you can not get child care for you son take him along too! Make a list of the things that have gone wrong with the schooling of your son and also the things that you expect from the LCC to educate your son in an environment where he can learn with out the trauma he has been going through of late.

It really struck a cord with me when you mentioned that your son chewed the skin of his fingers! thats exactly what happened to my son too! at the time I thought he did this because he was bored, it's only many years later that he told me he did this because he found it very difficult being in a class of noisy kids and with a teacher that was a bully. For a long time I kept him at this school until the teacher was verbally rude to me ; it was then i realized that every thing my ds was telling me was true. I moved him after that to a different school were he did well and was happy.

[alexmum2]

Hi

this may or may not be of help but if i were you i would make an appointment to speak with the head of special needs at your local county council, get in touch with parent partnership and arrange with them for some one from there to go with you for support; take your son too if you cannot find child care for him; list all the things that have gone wrong so far with the schooling of your son and list the things you would like to happen so that your son can learn in an environment where he wont be so traumatized he has to chew the skin of his fingers! My D's was the same, he was so unhappy at one school he went to, that is what he did! Hope this is of help.

I understand where you were coming from when you took your son out of school as I have been there many times, I've felt so frustrated that I wanted to do the same as you. And nearly have, but what i did was move him to another school, it was a worrying decision at the time as I thought that it would be a case of jumping out of the frying pan into the fire but luckily it worked out OK , thats not to say there weren't problems but they weren't as bad. i hope this is of some help, it may be worth trying to just get in touch with your local parent partnership and explain the situation to them first, they may come up with a better solution. You can get there number from your county council.

[Karen A]

What about if the reason I removed my son from school was because he was distressed going to school, refused to go in/punched and kicked me when I wanted to take him in, chewed all the skin off his hands as he couldn't cope with that particular school; the school refused to arrange a "chill out" place for him as the room his class was in was too small, and even though they knew he couldn't cope with it? I wouldn't have taken him out of school if it could cope with him.

 

Hi. <'>

I am sorry if I upsett you.

I do understand why you took your son out of school.I have been in the same situation.So I am not saying you should have left him in an environment where he could not cope.

It is just unfortunate that the current system that is in place gives some rights to children who are unable to access education due to medical needs but fewer rights to those who are educated other than in school due to parental choice for whatever reason that choice was made.

It is no consolation to yourself but I think there are changes in the pipeline in this respect.

 

I also do not want you to end up in a situation where the LA are investigating you regarding home education rather than helping you to find suitable provision.

 

Edited November 23, 2009 by Karen A

[Kazzen161]

The la are actually being rather helpful (at least his sen officer is). It's the schools that don't seem to want the hassle of him, which worries me, as the special school is full up, so if no school can take him, neither can the special school, what happens then? I wish I never took him out of school in all honesty.

 

If no mainstream is suitable/will take him, and the special school has no places, then you need to start looking at independent schools or schools in other counties. Whether the LA will support you in this (as it will cost more) is questionable, but you might find that a place suddenly becomes available in the special school if you start talking about such schools!

[purplehaze]

Hello, if a school can not meet a child's needs then the local authourity need to say where they think is the best place and then you can agree or disagree. Have you named a school to the LA??? (sorry if I have missed you saying this-I haven't read it all). xxx

[Kazzen161]

>>Hello, if a school can not meet a child's needs then the local authourity need to say where they think is the best place and then you can agree or disagree.>>

 

This is not how it is supposed to work (though the LAs would like it to be) - parents are supposed to express a preference, and the LA have to go with that barring certain exceptions.

 

In this case, if she waits for the LA to name a school she could be in for a long wait