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Slightly off topic of academies but I have been googling conservatives and special needs and found this,

 

http://www.conservatives.com/pdf/specialneedsreport2007.pdf

 

Its an interesting read but long (10/15 mins)

 

I am going to write to the new Education Minister to ask what there policy is on special needs, all I have heard them talk about is academies, I havent heard any mention of special needs at all. I just feel like I need to do something and dont really know what.

 

I am terrified of sen budgets been cut, these should be untouchable as far as I am concerned, I can just about handle a pay freeze, vat rise, NI rise etc but cuts to sen budgets would be unforgiveable.

Edited by daniels-mum

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Thanks for the link and good for you for writing daniels_mum!

 

I have already written to my MP, to the education secretary and to the NAS, who have issued a statement welcoming the Academies Bill!!

 

I have the bit between my teeth on this one! :ninja:

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Where is the NAS statement, Athena? Can you post a link to it or tell me where it is? I can't find it.

 

K x

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Where is the NAS statement, Athena? Can you post a link to it or tell me where it is? I can't find it.

 

K x

 

I saw an internal briefing from the NAS which said that the bill makes provision for SEN - it does no such thing and I have pointed this out.

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Thanks Athena.

 

What a wishy washy load of wishful thinking! They may just as well have written "Fingers crossed it works out OK". :wallbash:

 

"The Government's plans for new academies could present an exciting opportunity to improve parental choice and create a transparent system where parents, schools and communities all understand their rights and responsibilities.

 

- cutting parents and local communities out of the consultation process: is hardly a good way of acheiving a transparent system. Schools which have their policies buried in individual funding agreements which parents don't understand or have access to - is that a transparent system?

 

"Their new inclusive admissions policy must work for children with SEN, including autism, if this partnership is to be successful. In the past many parents of children with autism have been frustrated and restricted by bureaucratic red tape and obscure admissions policies for academies. There is now an opportunity to change this".

 

What "inclusive admissions policy?" Academies have to abide by the admissions code anyway, but can set their own admissions criteria. Also, according to the code, new academies are already exempt from the requirement to accept pupils with challenging behaviour who have been excluded from other schools. That could work against pupils with SEN with an emotional and behavioual element.

 

"The NAS was set up by parents of children with autism moved to action by inadequate local education provision for their children. Today, we run five independent schools in England - many of which were judged as outstanding in their last Ofsted inspections.

 

NAS schools overwhelmingly cater for pupils whose needs are obvious, but it's the higher functioning pupils in mainstream who stand to be most disadvantaged in schools whose chief concern is their reputation and who adopt a cavalier approach to SEN and a zero tolerance attitude to behavioural problems. There are plenty of heads out there who still don't believe in ASD or ADHD - what happens when they are given more freedom to run schools as they wish?

 

K x

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Thanks Athena.

 

What a wishy washy load of wishful thinking! They may just as well have written "Fingers crossed it works out OK". :wallbash:

 

"The Government's plans for new academies could present an exciting opportunity to improve parental choice and create a transparent system where parents, schools and communities all understand their rights and responsibilities.

 

- cutting parents and local communities out of the consultation process: is hardly a good way of acheiving a transparent system. Schools which have their policies buried in individual funding agreements which parents don't understand or have access to - is that a transparent system?

 

"Their new inclusive admissions policy must work for children with SEN, including autism, if this partnership is to be successful. In the past many parents of children with autism have been frustrated and restricted by bureaucratic red tape and obscure admissions policies for academies. There is now an opportunity to change this".

 

What "inclusive admissions policy?" Academies have to abide by the admissions code anyway, but can set their own admissions criteria. Also, according to the code, new academies are already exempt from the requirement to accept pupils with challenging behaviour who have been excluded from other schools. That could work against pupils with SEN with an emotional and behavioual element.

 

"The NAS was set up by parents of children with autism moved to action by inadequate local education provision for their children. Today, we run five independent schools in England - many of which were judged as outstanding in their last Ofsted inspections.

 

NAS schools overwhelmingly cater for pupils whose needs are obvious, but it's the higher functioning pupils in mainstream who stand to be most disadvantaged in schools whose chief concern is their reputation and who adopt a cavalier approach to SEN and a zero tolerance attitude to behavioural problems. There are plenty of heads out there who still don't believe in ASD or ADHD - what happens when they are given more freedom to run schools as they wish?

 

K x

 

Anyone on here have connections to IPSEA? I would hope they would see the danger in this bill. It's all very well NAS hoping it will all turn out well, but those of us who have had to fight for our children, even when the law is on our side, will not relish being in the position of having no legal rights re academies with this new bill.

 

I have already written to my MP and I am appalled by the NAS's view - has this guy any idea how many parents on a daily basis are struggling to get their children a school that meets their needs? If a huge amount go over to academies and you have no right of appeal to SEND if they refuse to take your child, it's going to make a really difficult situation impossible.

 

Grace/x

 

 

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Anyone on here have connections to IPSEA? I would hope they would see the danger in this bill. It's all very well NAS hoping it will all turn out well, but those of us who have had to fight for our children, even when the law is on our side, will not relish being in the position of having no legal rights re academies with this new bill.

 

I have already written to my MP and I am appalled by the NAS's view - has this guy any idea how many parents on a daily basis are struggling to get their children a school that meets their needs? If a huge amount go over to academies and you have no right of appeal to SEND if they refuse to take your child, it's going to make a really difficult situation impossible.

 

Grace/x

 

I agree - this is shocking. I wonder if they are thinking of how it affects their own schools??

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This from the D of E website on Academies:

http://www.education.gov.uk/academies/faqs#r2

 

We are a primary or secondary school - when can we open as an academy?

We expect that the process could take a minimum of three months so (subject to the successful passage of the Academies Bill) some schools could open as academies from September 2010. Schools can also choose when they would like to open to suit their needs, but for most schools this will be at the beginning of the autumn or spring term.

 

 

We are a special school - when can we open as an academy?

The process for special schools to become academies will take a little longer to develop, but we expect they could open as academies from September 2011. If your school is rated outstanding you can still register your interest in becoming an academy.

 

I am a parent/teacher and don't want my school to become an academy - what can I do?

All schools have a staff and parent governing body representative. We suggest that you contact them in the first instance, because to become an academy the governing body will be required to pass a resolution. As best practice, schools converting will be encouraged to keep staff, students and parents informed as proposals develop.

 

Also, here's the detailed timetable for how to become an academy:

http://www.education.gov.uk/academies/becomeanacademy

Edited by Yossarian

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This from the D of E website on Academies:

http://www.education.gov.uk/academies/faqs#r2

 

We are a primary or secondary school - when can we open as an academy?

We expect that the process could take a minimum of three months so (subject to the successful passage of the Academies Bill) some schools could open as academies from September 2010. Schools can also choose when they would like to open to suit their needs, but for most schools this will be at the beginning of the autumn or spring term.

 

 

We are a special school - when can we open as an academy?

The process for special schools to become academies will take a little longer to develop, but we expect they could open as academies from September 2011. If your school is rated outstanding you can still register your interest in becoming an academy.

 

I am a parent/teacher and don't want my school to become an academy - what can I do?

All schools have a staff and parent governing body representative. We suggest that you contact them in the first instance, because to become an academy the governing body will be required to pass a resolution. As best practice, schools converting will be encouraged to keep staff, students and parents informed as proposals develop.

 

Also, here's the detailed timetable for how to become an academy:

http://www.education.gov.uk/academies/becomeanacademy

 

Oh my goodness!! Special Schools have a right to become Academies with no right of appeal to SEND?!!

 

So they have a Lamb Enquiry to try to understand parent's lack of faith in the SEN process and now they are creating a situation, where we simply won't have a proper right of appeal at all!

 

And the NAS think this is good?!

 

So I guess by the sound of it, we are left with 'hoping' any school we are interested in, will not become an academy. Wonderful!

 

 

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Oh my goodness!! Special Schools have a right to become Academies with no right of appeal to SEND?!!

 

So they have a Lamb Enquiry to try to understand parent's lack of faith in the SEN process and now they are creating a situation, where we simply won't have a proper right of appeal at all!

 

And the NAS think this is good?!

 

So I guess by the sound of it, we are left with 'hoping' any school we are interested in, will not become an academy. Wonderful!

 

 

By the way Yossarian - thanks for finding this - I would never have believed that special schools would have been included!

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Nerdish, but illuminating. From the Dept of Ed, Impact Assessment of Academies:

http://www.education.gov.uk/~/media/Files/...assessment.ashx

 

The only mention of SEN is that SEN schools can become academies.

 

On the first page he reason for this policy is said to be because academies are not subject to the huge amount of education legislation and associated compliance costs. To me that sounds like they are definately trying to remove any SEN accountabilility for non-compliance issues. That kind of makes Statements worthless if your child is at an academy??

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Does it say anywhere about how academies will fulfill Statements?

And where does it say that academies can refuse entry to SEN pupils and parents cannot appeal to SEND?

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For those who are wanting to raise this issue, I wonder if you would PM me. I have some information about a well-known journalist who is trying to do an article on this issue and is sympathetic to the cause.

 

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It doesn't say this in black and white, Sally, but have a look at the ACE paper which Athena linked to earlier. It was written by an eminent SEN lawyer It describes clearly the lack of clarity in this area and the dangers for pupils with SEN. Although it was written a few years ago there is no reason to believe that the situation has changed. Basically Academies do not have the same accountability to parents, the LA and Sendist as maintained schools do. Essentially they are independent schools.

 

http://www.ace-ed.org.uk/OneStopCMS/Core/C...378042605c4cd28

 

From the above:

LEA’s ‘responsibility without power’

The LEA remains legally responsible (and is the only body legally

responsible) for arranging the special educational provision

specified in a child’s Statement, but it cannot put in place and

enforce arrangements under a local scheme of delegation to

ensure that an academy makes the provision in the Statement

(para 8.6 SEN Code of Practice) whereas it can for a maintained

school. If an academy failed to make the provision, the LEA’s

only recourse would be to invite the SofS to exercise her powers

under the funding agreement – a far weaker lever.

The LEA (and thus the child) is in the worst possible position

when it comes to ensuring that the provision specified in a Statement

is actually made: if a child is in a maintained school, the

LEA can exercise control under its scheme of delegation; if the

child were placed by the LEA in a conventional independent

school (as many with the greatest needs are), the LEA would at

least have powers under its contract with the independent

school in question; but at an academy the LEA has no mechanism

of control other than to ask the SofS to exercise her

powers under the funding agreement.

Admissions

The (rebuttable) statutory presumption in favour of admission

to the (maintained) school of parental preference does not

apply. The Secretary of State’s literature (including that sent to

parents) says that an academy must agree to admit a child

unless to do so would prejudice the efficient education of other

children and there are no reasonable steps which can be taken

to remove the incompatibility. But that test does not appear in

all funding agreements, making the SofS’s literature at the very

least misleading.

Where an academy does not want to admit a child with a

Statement, the funding agreements allow it to refer the matter to

the SofS for determination, thus avoiding the procedurally fair

specialist tribunal (SENDIST) which Parliament has put in

place to resolve equivalent disputes in relation to maintained

schools. The SofS has, instead, arranged for KPMG to “advise”

her on each such case. It is not clear what relevant experience

KPMG (let alone the individuals involved) has to carry out

this activity. It seems inherently unlikely that they have the

same expertise as the members of the SENDIST (chosen by the

Lord Chancellor for their legal expertise and/or their expertise

in SEN).

 

K x

Edited by Kathryn

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KPMG - this lot I assume, but I don't know much about them:

 

http://rd.kpmg.co.uk/index.html

 

What David Wolfe appears to be saying in the above briefing is that there is another mechanism for resolving disputes over whether Academies should take a child and this appears to be weaker than SEND, with questionable expertise. I don't know if things have changed since this paper was written 4 years ago.

 

I think it will be essential for the government to make some changes to the law if many maintained schools are going to become Academies or there will be no point in having SEND - or indeed statements.

 

K x

Edited by Kathryn

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I don't think many parents out there will be aware of this - the speed that it is going through is not allowing any time for anyone to give their formal views. Can they amend the law once it has passed or is that unlikely?

 

Had a look at your link Kathryn (thanks) and I really hope things have changed - they seem to be specialists in tax, auditing and management; not SEN!

 

Grace/x

 

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An interesting bit in our local paper, on about academies being a good idea, how many schools are set to go that way.

It said about 4 special school, not sure what they meant by that, but said they already qualified to become academies schools if they wanted. Just wondering what the implication of a special school becoming an academe would be.

 

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I don't think many parents out there will be aware of this - the speed that it is going through is not allowing any time for anyone to give their formal views. Can they amend the law once it has passed or is that unlikely?

 

Had a look at your link Kathryn (thanks) and I really hope things have changed - they seem to be specialists in tax, auditing and management; not SEN!

 

Grace/x

 

Exactly Grace - there is no specialism in SEN. It's frightening.

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There are quite a lot of companies with no specific educational expertise running schools - and have been for some time. The idea is that the school is a business - it just happens to be in the business of teaching children. The educational expertise is supposed to come from the staff and governors...

 

cb

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I can imagine that if gov is looking to make savings within SEN then the costs of non-compliance and tribunal appeals are areas where savings could be easily made by such schemes as academies. I would not be surprised if that was the whole point of them being different in this very area. The vast proportion of cases that go before tribunal are about such issues. So what would be the point of a child with a Statement going to an academy?

However, if these academies do come into being in much greater numbers, and parents are not happy with the SEN provision. It will mean that there will be an even greater demand for suitable placements that can fulfill Statements and which can be held accountable. Whether that might give us a possibility of having mainstream type schools with a high proportion or all pupils with some kind of SEN is an unknown factor. IF funding follows the child it might mean schools with enough funding to have their own SALT and OT on site, which would still be a cheaper option than parents/LEAs frequently paying for tribunal and would definately save LEAs on the number of children in private/independent schools.

But everything could change with this new government.

I have written to the government about these issues and am awaiting some response.

I think that as autism is quite high profile at the moment it is worth writing in to your MP or to the minister for education with copies to NAS/IPSEA to see what they are doing about this.

I am surprised at the NAS' response which seems to show a total lack of understanding of the loopholes regarding SEN/academies.

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I heard today that over 1000 schools have already expressed a formal interest in beccoming Academies.

 

K x

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I heard today that over 1000 schools have already expressed a formal interest in beccoming Academies.

 

K x

 

Pour another glass of wine then :(

Edited by Grace

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Had a very interesting conversation earlier this week regarding the tribunal service. The prediction is that as more schools become academies, and therefore fall outside the direction of the tribunal service, the more tribunals will name independent (non-maintained) schools. Which will increase the costs of educating children with SEN enormously. Don't think that's what the govt have in mind......

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Had a very interesting conversation earlier this week regarding the tribunal service. The prediction is that as more schools become academies, and therefore fall outside the direction of the tribunal service, the more tribunals will name independent (non-maintained) schools. Which will increase the costs of educating children with SEN enormously. Don't think that's what the govt have in mind......

 

That is exactly what I thought could be a by-product of academies. It all depends what parents want for their children. For those that want an academy and feel their child's needs 'could' be met there then they are on difficult ground if the academy does not fulfill the Statement and they have no re-course. As a parent, if I had a capable child with a statement I may not even want to consider an academy because of that very reason. However my own situation is totally different. I have a child that I believe needs a 'mainstream approach', but in a school which is made up largely or entirely of children with ASD, dyslexia, dyspraxia, SID etc who are children capable of independent living and working and who would be expected to gain exam qualifications. There just aren't mainstream schools like that presently, the only option is independent. But by having more academies it may force LEAs to have to provide those schools or pay out vast sums of money for children at private/independent schools.

 

In my letter to the government about SEN funding, I also said that funding only via education is not helpful. There needs to be a long term big picture approach for our children. The cost on the education budget for providing SEN provision is substantial. However if you weigh that against our children becoming adults who are illiterate and who have little social skills, who will need suitable sheltered housing, social worker, carers, suitable day care, benefits for life and pension etc etc. Then the cost of helping those children actually reach a potential for independent working and living is much cheaper than the lifelong dependent option. But currently education cannot look that far into the future. There is no incentive or motivation or long term plan. I think funding should also come from elsewhere. If that is in place then there needs to be more suitable work environments which should be sourced and set up with companies given 'sheltered workforce' status and benefits etc.

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I read the NAS statement as 'we welcome the opportunity to open more NAS schools so won't say anything too critical'.

 

A few years ago there were rumours that Andrew Adonis (former academies minister) wanted to take education away from LAs altogether. Looks like that is the way it's going. I can't decide whether that's a good or bad thing. My LA is totally ineffective about going into schools 'uninvited' so only works with those schools that want to be worked with anyway, so would seek out further support whatever. That means there's a fairly ineffective layer of LA bureaucracy that I would happily see go.

 

BTW KPMG came into my LA and stripped away tiers of management fairly successfully without affecting front line services. Very unpopular with the staff and a lot of people jumped ship. Front line had already been stripped to the statutory minimum anyway.

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Just thought of another reason why NAS will welcome academies - the National Curriculum is not compulsory. DS is now 16 and leaving the NC behind. His NAS school tell me it is only going to be of benefit as they now work on the things he needs to know.

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I read the NAS statement as 'we welcome the opportunity to open more NAS schools so won't say anything too critical'.

 

A few years ago there were rumours that Andrew Adonis (former academies minister) wanted to take education away from LAs altogether. Looks like that is the way it's going. I can't decide whether that's a good or bad thing. My LA is totally ineffective about going into schools 'uninvited' so only works with those schools that want to be worked with anyway, so would seek out further support whatever. That means there's a fairly ineffective layer of LA bureaucracy that I would happily see go.

 

BTW KPMG came into my LA and stripped away tiers of management fairly successfully without affecting front line services. Very unpopular with the staff and a lot of people jumped ship. Front line had already been stripped to the statutory minimum anyway.

 

Yes, I could see that KPMG might be able to come in and sort out management structures etc, but if they are involved with an appeal for an individual, without THOROUGH SEN knowledge and experience , how will they be in a position to determine what is best for that individual child? Will they, for instance, understand the professional reports? Will they understand why one school might be unsuitable/suitable given an individual's presentation/needs?

 

I am not sure how KPMG would be used i.e. not sure of the alternative appeal process with academies, but my goodness, having been through the tribunal process, the last thing I'd want is any kind of 'Panel' determining my child's future, who does not have a solid knowledge and experience of dealing with SEN.

 

I think the most worrying thing about all of this, is the speed in which it is being brought in. There is a certain arrogance in thinking that they have got it so right that they do not need to spend the time, consulting with anyone about the effects - I'd really like to see any sign that they have given consideration to SEN children.

 

Tribunal is not an avenue that any parent goes down lightly; it is so expensive and even if you win, you won't ever see that money again. Because we care about our children, people get themselves into debt, re-mortgage homes etc, in order to get what their child needs. To create a situation where parents do not even have a right of appeal to tribunal is VERY wrong.

 

I am very worried by this, because if it is a sign of what is to come, regarding the lack of importance re SEN to this Government, then I think we are all in for a rough ride.

 

Grace/x

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I have contacted the NAS and they have told me that they will be working with the Government to ensure that the new Academies are not detrimental to the education of children with SEN.

 

The NAS told me that they were looking for case studies demonstrating where the system has gone wrong, such as academies that had refused to admit or expelled children with SEN, or lack of enforcement of provision in a Statement.

 

They would also like examples of how academies have benefited children with SEN. They told me that case studies of personal experiences provide them with very powerful evidence when they are engaging with civil servants, MPs, Lords and Ministers.

 

I don't have any personal experience of academies, but I thought that I would pass on their request for information from parents. I think that it is very important that we make our concerns known to the NAS.

 

It is essential to ensure that academies are accountable and that includes recourse to SENDIST rather than to KPMG!

 

There also needs to be a proper mechanism for dealing with complaints regarding Statement provision, admissions and exclusions.

 

I hope that this is a case of the government just not thinking things through enough and that as parents we can change and influence the final outcome.

 

I am currently going through an expensive and stressful Tribunal case - if local schools become academies, I will have wasted my time and money, and the Statement will not be worth the paper it is written on, if there is no proper mechanism to enforce it and if my chosen school becomes an academy and refuses to admit her...... :crying:

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If the Parent Partnership role is tightened to the extent that has been promised parents should be accessing advocacy without the need to remortgage their homes.

 

If you have a half-decent PPS what should happen is that the dispute moves from between the LA and parent to between the LA and Academy. One of the big criticisms of the current system is that professionals have access to a wealth of experience and advice which parents do not, so SEND is an unfair system. Professional against professional is a far more balanced fight. SEND is massively flawed not least because it relies heavily on the parent to have the ability, means, time, etc to pursue their child's case.

 

I would also welcome some distance between assessment and provision - another acknowledged weakness is the LA having both in their remit. I've surfed a bit: KPMG have contracted CEDR to carry out the mediation. the first step (advice) is being provided by Cambridge Education, which I have found excellent. I have also used professional mediation to resolve a particularly sticky situation and it worked really well. They don't have to be experts in SEN law, their main skill is to get people to move from entrenched positions.

 

The downside is that parents lose their place in the process. I'm not sure that parents have much of a place currently, although it may seem that they are central. What happens is parents are forced to buy-in expertise in the form of reports and witnesses. This results in a well-written statement, but the nightmare of enforcement is just as big as ever.

 

A load of waffle from me, but I'm trying to justify my opinion and that is that parent's supposed influence in the SEN process is probably an illusion. If parents no longer get into debt to take part in the process I don't think that's a bad thing.

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But if parents are removed from the equation I cannot see what the 'motivation' would be from either the school or LEA to comply especially if that compliance requires either or both of them to set aside funding or staffing provision.

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Exactly. SEN is expensive in its current form. The outcomes don't seem to justify the cost - TAs seem to hinder progress for example.

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But if parents are removed from the equation I cannot see what the 'motivation' would be from either the school or LEA to comply especially if that compliance requires either or both of them to set aside funding or staffing provision.

Professionalism?

A sense of responsibility?

Wanting to do their best for the children in their care?

 

Yes, as in any other profession, there are a few bad/irresponsible/uncaring teachers, but the majority, in my experience, just want to do the best they can for the children in their care, often under very prescriptive and constraining policies.

 

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Mumble, you have answered your own (rhetorical) questions at the end of your post. The system deforms according to the pressure applied. In the broad view, professionalism, responsibility and, you know, "wanting to do the right thing", will be swallowed up under managerial / structural / financial pressure. I've met too many professionals for whom "doing the right thing" is keeping quiet (and keeping their job).

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Mumble, you have answered your own (rhetorical) questions at the end of your post. The system deforms according to the pressure applied. In the broad view, professionalism, responsibility and, you know, "wanting to do the right thing", will be swallowed up under managerial / structural / financial pressure. I've met too many professionals for whom "doing the right thing" is keeping quiet (and keeping their job).

 

Yossarian has hit the nail on the head - I think there are many professionals who would LIKE to do the right thing, but due to financial and political pressure can not. I have had so many conversations in my time where 'off the record' professionals have admitted that they are not happy too, but are under pressure from above. I have even been encouraged to effectively 'fight' them because that is the only way that help will be given. For example, it is accepted that teaching professionals would rather be officially 'summoned' to tribunal, so that they have 'no choice' but to come and give their evidence, rather than be seen (by the LEA) to willingly come on the parent's behalf.

 

I would not be happy with any system where the parent is cut out of the equation. Yes more should be done for those parents that can not readily fight for themselves, but at the end of the day my DS and I have to live with the consequences of any decisions made (including how it effects mental health); we can not just go home or change jobs or retire. WE have to live with the consequences FOR LIFE.

 

I am waiting for an answer from my MP regarding this matter and I so hope it is not some 'political spiel' and actually shows they are addressing the problem.

 

Best Wishes

 

Grace/x

 

 

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does anyone know how long the typical funding agreement is for? even just 10 years will see a likely change in leadership, and the opportunity for the sponsor to shoehorn in their own headteacher/manager.......

 

then my child will be in a school owned by the local lap-dancing club, not teaching the national curriculum, with no consultation/appeals procudure........

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I would not be happy with any system where the parent is cut out of the equation. Yes more should be done for those parents that can not readily fight for themselves, but at the end of the day my DS and I have to live with the consequences of any decisions made (including how it effects mental health); we can not just go home or change jobs or retire. WE have to live with the consequences FOR LIFE.

 

Parents are/will be cut out because as a country we cannot afford the provision that parents are demanding and winning at tribunal. That's the bottom line. In health terms they already make these decisions under the umbrella term 'for the greater good'.

 

Depressed? You will be.

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