LA are playing dirty now

[emmasmum]

We've just had some further evidence copied to us for the Tribunal. Emma was interviewed by the school counsellor last week about what she wants to do next year - she told them she didn't know. The report of that meeting wasn't lodged.

 

However, they have lodged a report detailing what was discussed in Emma's social skills sessions (1:1 with an LSA) last year and in the early part of this year which include:

- that Emma doesn't think there is anything wrong with her, just that she only has a few friends but she told them that I wanted her to be diagnosed with something.

- that we are happy to let Emma go to rock concerts on school nights and let her have the day off the following day to recover - she has been to two concerts on school nights - one was My Chemical Romance which is her ONLY friend's favourite band of all time, the other was a band which Emma loves and which came to UK for the first time supporting another group.

- that Emma is worried about her older brother leaving his residential college as that will mean she will have to look after him when he gets home until we get in from work. This isn't true - he would get home before Emma does, as he did from school - and we arranged a carer to come in and meet his transport and look after him until we got home.

- That I have applied for college places without consulting Emma and refused to take her to look at other colleges - again untrue - she has shown very little interest in post 16 - preferring to pretend it isn't going to happen - we have taken her to see two colleges as these were the ones we thought could best meet her needs - she didn't want to go to anymore.

 

I think I'll need to calmly ask Emma to look through what's written to check if she actually said those things. She may have done, I don't know. I'm sure she'll be very upset that the sessions weren't in confidence, but I think I do need to check the accuracy.

 

Then I think I'll look through the reports from the psychologist who saw Emma for CBT sessions and and the diagnostic report to see if there's anything I can lodge to counterbalance what was said.

Tribunal date has been brought forward to 10th June and final evidence needs to be in by 24th May, so no time to get private reports done. We're meant to be seeing a school on 17th May (independent) but I know Emma doesn't want to go there - was hoping if she saw it and spoke to them she might change her mind.

 

Connexions are saying that if college doesn't work out we can apply for independent colleges via YPLA - they seem to think we'd have a good chance of getting a place but I don't know if that's just more dirty tricks.

 

Ugh!

 

Carol

 

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[Grace]

Just 2 ideas:

 

1. Could you email the school counsellor, asking what you believe was said and asking her to confirm? This will only work if you can trust her!

 

2. The tribunal will want to hear Emma's views. The LA are duty bound to try and gain them and it is normal to get a person who Emma trusts to do this. Do you have someone else that you trust who could be considered to have a degree of independence from yourself, to sit down with Emma and ask her views? You could tape it and send in the transcript? Or is Emma able to write down her views in her own hand-writing?

 

My DS also tells the school (and lots of other people) things that I would rather keep private, so I do sympathise. The Tribunal are not there to judge your parenting skills and lets face it, if they are parents themselves, they are bound to have done something similar themselves at some point; they're just lucky their children don't drop them in it!

You could also answer the points made in this document and use it to demonstrate that Emma's understanding is not 100% - the 'babysitter' for your son would be a good example, because it is something very concrete - clearly her worries are not evidence based.

 

Best Wishes

 

Grace/x

[Kathryn]

Was this written information provided directly by the LSA after the meeting and already on file or was it a summary of the session written specifically for the Tribunal? What's the date on it?

 

As Grace says the LEA have to gather the child's views. There's always a danger that unless a neutral person asks the questions in accordance with strict guidelines, leading questions could be asked in order to get the "right" answers which support a particular case. I'm not saying that was done here, but you have no way of knowing how the views were obtained as you don't have a transcript of the discussion. I saw a copy of a child's evidence for tribunal where a verbatim report was submitted: all the questions as asked by an independent person at the child's home with the parent's knowledge and approval, along with the child's exact words. That's the best way of doing it, if it has to be done.

 

I think Grace's suggestion of trying to get her views independently is a good one - the more impartial the person the better. If you try yourself to get Emma to clarify what was said, you are open to the accusation that you are putting pressure on her to get her to say what you want her to say.

 

My sympathies - when we were in a similar position, our LA had a talent for twisting the most innocuous details to their advantage.

 

K x

[emmasmum]

Thanks.

 

The thing is the local authority asked our permission to seek Emma's views and we agreed and said the school counsellor would be the best person to do this. That interview took place last week but that evidence hasn't been submitted as yet.

 

I've no idea about when the report I'm unhappy with was written but I suspect it wasn't at the time as it just has week one, week two, week three at the top of each section and normally when recording you would date as a matter of course wouldn't you? The person doing the social skills sessions is an LSA - they were meant to be social skills but she's noted that she tried to get Emma to do worksheets but she clammed up so they ended up just chatting about how things were going. I'm going to write to ask school what qualifications and experience the LSA has in ASD and language impairment - I'm also going to ask for the report of the counsellor's meeting with Emma.

 

I showed Emma what was written last night and she was very upset. She said she had no idea that notes were being taken and thought it was just a chat and would be confidential like her sessions with the counsellor are. She said that she did say those things but not in that way - I think it's been noted out of context.

 

I've put in a complaint to school about breach of confidentiality and data protection - they've not replied yet. I've written to tribunal to ask them not to admit the evidence until the DPA matter is resolved - I think we are within our rights to have everything not relevant to Emma's acquisition of social skills struck out of the record.

 

She said that about her brother because she was upset about her grandad who had recently died but didn't want to talk about it so said the first thing that came into her head.

 

Thanks again for your advice - I really hate this - it gets so personal,

 

Carol

[Sally44]

I would ask for the transcript of the interview you actually agreed to take place. Your daughter may have given answers they didn't like and that is why that one has not been submitted.

 

You want the date of the evidence they have submitted and a copy of the notes the LSA took of what she asked and your daughter answered. If your daughter did not know that notes were being taken, then was all this stuff written from the LSA's memory some hours/days/months after the 'chat'?

 

You can ask to be present during assessments etc. I'm not sure about interviews, but that maybe the same. You can record meetings etc but your LEA may require that you take two copies during the meeting and let them leave with one of the copies. I've had to use two dictaphones! But sometimes that is the only way of actually getting a true picture of what is discussed and agreed. But a last resort.

 

Something similar has been done with my son. I did go over the questions and answers he gave and he did comment to a couple of them "I didn't say that". I think you can ask your daughter what she did say or what she did mean. It can also be difficult because often children who find these kinds of 'chats' difficult can say anything just to get the other person to shut up.

 

I would explain to her, and I think the child should be forewarned before she is interviewed etc, that the answers she gives are going to form a basis for the help she receives. Put it in words she understands.

 

I've tried to use other outside clubs and adults to give their experiences of my child eg. Aiming High Supporter, Leader at Cubs etc.

 

I've already mentioned to you about Data Protection Act searches. I know you have a tribunal coming up soon and you may not get the evidence before that Tribunal. BUT it is worth doing - I wasn't going to do one for my Tribunal - but i'm very glad I did because I have so much info now that I didn't even know existed.

[emmasmum]

Thanks Sally - I've done the DPA thing - put the request in anyway.

 

I've also asked for the transcript of the meeting with the counsellor which we authorised.

 

Carol