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kazjam

Desperate for Advice

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My son has a statement for the last 3 yrs. He has aspergers

He has been to two independent schools....one didn't recognise his condition the other failed to take measures...both cancelled my contract. As a result over the past 4 yrs he has been at home with no education for 12 months.

The second school cancelled the contract recently as he had school refusal...due to his condition.

He is half way through a gcse course.

I am desperate...and as soon as he was kicked out i contacted the LEA.

In the last 75 days they have been responsible for him he has had 6 hours of education with a home tutor. I think he is entitled to 10 hrs each week for his statement but really 25 hours per week.

Whilst he was at home for the last 7 months with school refusal they were aware and did not step in with his statement hours.

The school have withdrawn his gcse exam entries...which he is due to take in a few weeks.

I am waiting for the LEA to give him a school but they will give a mainstream which will never work.

In the meantime as I am desperate I have found a small college who will educate him properly in 5 subjects and let him sit the gcse exams.

I want the LEA to stop the tutor who is not suitable and pay for this college at least until the end of the summer term so he can do the gcses.

I have had to borrow to pay hundreds to the college and to pay for his exam entries...again hundreds...and to buy excercise books.

I am convinced this is Disability Discrimination but having already been to a tribunal a few years back I know this will take ages.

What can I do........I am desperate and cant continue to fund the college.

I think my son should have the education and right to sit his exams like any other child.

Is there any way to by pass or fast track a sendist tribunal in dire circumstances like this.

If I don't do this they will put him in mainstream in year 11 and on a different syllabus to what he has done in year 10...he will never manage......plus the changes will just make his condition even worse.

Please help and advise

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There are independent schools for children with autistic spectrum disorder and/or aspergers.

 

I presume the other independent schools were not?

 

In his Statement what does part 4 [placement] say?

 

I presume you were paying the other independent school fees and not the LA?

 

You may just have to put the examinations aside for this year. If he has refused school that is due to him not coping there?

 

As you say, any change is going to affect him and trying to get him into this college to take his examinations may not be possible for him to do.

 

Whereabouts in the UK are you?

 

Going to another SEND Tribunal does not automatically mean back to mainstream. You have evidence that he has not coped in two independent schools - where they mainstream or special - but not ASD specific?

 

Most ASD special independent schools go up to age 19. There are schools where pupils are taking GCSE's. But there is no fast track option.

Edited by Sally44

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I would advise that you contact www.ipsea.org.uk [by their helpline or email], and get their advice just to see if there is something you can do.

 

I know you feel like those years of learning are going to be wasted. But you want him to sit those examinations and get good grades, not poor ones.

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I have been in touch with IPSEA.....I have found out that legally he has to be put in for the exams.

The tutor is not doing the full 25 hours....only 6 and is not able to do every core subject and other subjects to the GCSE standard or syllabus....which I feel classes the education as unsuitable. I was paying for independent but the college is double (almost) the cost.

 

I have another question. Whilst my son had school phobia and refusal for 7 months at the independent school...of which the LEA were aware.....he was sat at home with no education for nearly the whole time. Legally should the school or LEA have diverted his education of statemented hours (at least) to some kind of home tutor? I think if this had happened then maybe the problem would have been nipped in the bud...or a better outcome found sooner. I would like to know the legal position on this. Does anyone know.

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My son was out of school for about a year.

 

He didn't receive any education at all. I know that was illegal. And it was just one more thing that helped us win our educational tribunal where we were asking for an independent ASD specific school.

 

You need to have a letter from the consultant stating that your son is not able to attend school due to medical reasons [ie. school phobia]. Then the LA become responsible to provide a home tutor.

 

Again, it would help any tribunal you end up at to prove that the LA have not provided the legal requirement of home tuition, especially as he is due to sit exams.

 

For the legal position you really need to speak to IPSEA and/or contact a SEN Solicitor.

 

Your biggest problem is that YOU decided to move him to an independent school and to pay the fees. That means YOU are responsible for his education and any therapy he may need.

 

If you want the LA to pay the school fees and provide the therapy and professional teaching/support and input he needs, then you need independent reports that prove and detail all his needs, and how those needs should be met, and you need to prove that ONLY your parental choice of school [which is ASD specific - as it seems no other school has worked] can meet his needs.

 

That will require another educational tribunal. If that is the route you decide to go down you need to ask IPSEA how to achieve this as fast as possible. As he has a Statement and is not in school, that maybe via seeking an emergency review - but again IPSEA know more about that. Most of us on this forum are just other parents like yourself.

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The only other thing I would add is that from now get everything in writing. Put your requests in writing, and ask for written replies and within a timescale [usually 7-17 days]. If you speak with anyone, send in a clarification letter of what was discussed and agreed during the phone call.

 

At any tribunal you need written evidence. You cannot bring up 'verbal' discussions etc and the LA can simply deny they said that.

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Alarm bell rang when you said about the collage that would put him in for GCSE, This summer?. Of course they will be happy to teach him for the next few weeks and put him in for the GCSE exams, and take your money, but if he has missed so much schooling he doesn't realy stand much chance of doing well.

 

I'm assuming he is 16, this stage I would be putting all my energy into finding him a place at a suitable establishment for the next academic year. (September).

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I would just let him sit the exams in a few weeks time and see how he gets on. Get some revision workbooks yourself from WH Smith or somewhere and he can work through these until the exams perhaps? You can always enrol him on a GCSE course for next September and it should be free for him to do English and Maths at least.

 

~ Mel ~

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