Complaint to school governors

[Tez]

I need to complain to the Governor's of my son's school. Since I am not very good at complaining I would be grateful if some of you would look at my draft and comment on its appropriateness, hopefully I have deleted any reference to the name of the school or the LEA, apologies if I haven't:-

 

 

 

Complaint Re: Handling of SEN needs of x (DOB x)

 

I am writing as the parent of the above named child to complain about xl School?s handling of two aspects of his special educational need.

 

x has a diagnosis of Asperger?s Syndrome and Dyspraxia; traits of these conditions include difficulties with communication and social interaction, organisation and gross and fine motor skills. Due to problems at school x developed severe anxiety and has been absent from school since the end of April on health grounds. He did attempt a return to school in May but this proved unsuccessful.

 

My grounds for complaint are:-

 

1. Delay in school applying for a Statutory Assessment

 

At an IEP Review meeting on 12th May 2005 it was agreed that the school would apply for a Statutory Assessment and the SENCO was delegated to submit the application. At the time, and on several occasions since, I offered to make a parental request but was asked to leave it to the school.

 

Despite several chasing emails and conversations with the school I understand that this request has still not been submitted to the LEA. Whilst I understand time constraints a delay of 9 weeks is totally unacceptable.

 

Would you please investigate this as a matter of urgency and advise me by the end of this week when the application will be sent to the LEA and why it has not already been sent.

 

2. Failing to make reasonable adjustments to meet his SEN needs

 

I understand that both Dr r, Consultant Paediatric Neurologist and Dr y Associate Specialist have written to z, Deputy Head Teacher, making specific recommendations that x would benefit tremendously from having the use of a lap top computer. I have also written to z regarding this matter (see attached email). x finds writing a challenge and this causes him great anxiety.

 

I have since asked z on several occasions whether this would be possible for x to have a lap top and the answer on each occasion has been no. I understand that the main concern is x?s personal security with the lap top and the security of the lap top itself and the anxiety it would cause x if it was stolen or broken.

 

Whilst I understand this concern, and am realistic about the nature of large comprehensive schools this is a matter that must be addressed and should not prevent my son having his needs met. I did reach a compromise solution with z whereby x could use a computer in the Special Needs room when appropriate, but I understand from the SENCO that because this means that the computer is not x's normal means of accessing his work, it prevented him from obtaining dispensation to use a computer in his Stats. You will see from the attached EP report that 20% of x?s writing was illegible and this was when he was only required to write for a short period, it is considerably more illegible when he has to write at length.

 

The (LSA) has provided x with handwriting classes to try and encourage and improve his handwriting; but I feel this is doing more harm than good since it resulted in problems with numbness in his arm and increased anxiety (see email attached).

 

I would request that you investigate this matter also and advise me before the end of term what the school?s proposal is for meeting x?s needs in this respect. Since both his Consultants feel that he needs to access his work via lap top, as do both the Dyspraxia Foundation and the NAS, I am struggling to see why x cannot use one. I understand the safety issues, but these are issues that the school must resolve and should not prevent x from having his needs met so that he is not placed at a significant disadvantage to his peers. I would therefore be grateful if you would advise whether the school is prepared to adjust their stance on this matter, perhaps by applying for greater adult supervision in the Statement.

 

 

I understand that under section 317 of the 1996 Education Act that the Governing Body must use their �best endeavours� to ensure that any child with special educational needs has their needs met. x is not having his needs met. I wish to stress at this point that I have found z, Deputy Head, to have been both helpful and efficient and that I understand his concerns. However, if there are genuine concerns about x?s safety with a lap top this is a matter that will have to be addressed.

 

 

 

I hope that you take the necessary action so that x does have his needs met so I do not need to take any further action. If you require any further information from me, please let me know.

 

 

 

Please comment on its appropriateness or not and any amendments or improvements I should make.

 

 

Many thanks

[seeking-sanity]

Hi Tez

 

Although Im not brilliant at writing either I thought your letter sounded find, I also wanted to add to your thread, cos it sounds so familar to our recent circumstances and in the end I requested an assessment, which was refused, but last week the LEA asked for a meeting with us and the ed phsyc and they have offered J 25 hours 1 to 1, a laptop and a taxi to and from school this is set for 1 year then reviewed, we couldnt believe it . His school, although knew J had dx of Aspergers and Dyspraxia hadnt been very forthcoming. Js a present year 5 and has been out of school since feb, but hopefully will be going to another school by sept, but cos of his anxieties would not be able to return to his present school, who have let him down.

I hope you get somewhere with your letter, but maybe you should consider doing a parent referal.

Good luck and thinking of you.

[lil_me]

Letter looks good to me, all the facts are there, I am a parent governor at my friends school, maybe would be best to address this letter directly to the governor who deals with SEN as every school should have one.

[Minxygal]

Let's hope you don't have one of those governing bodies that sits and nods in agreement whenever the headteacher speaks. I know that may sound harsh but sadly it does happen.

 

If the school don't want you to apply for a statement yourself I would give them a period of time to do so or do it yourself and use the letter as part of the evidence as to why you are asking for it.

 

I would also add on the bottom that you had copied the letter incase you didn't get an appropriate response and would be forwarding it to the LEA if they chose not to respond.

 

By rights the chair of governors has an obligation to respond. (You might also find out who is the school special needs governor and send them a copy too. Sometimes these governing boards forget how to talk to each other)

 

Good luck, I hope you get the response you are looking ofr

[Tez]

Thanks for your replies.

 

Seeking-sanity I hope things work out for J and that his new school doesn't let him down. If the school can't prove to me that they've requested a Statutory Assessment by Friday PM I am going to put in a parental request. The only reason I didn't was because the school asked me not to and the NAS advisor at one of their HELP programes told me that sometimes schools have a back door that short cuts the process and that it would be best to allow them the opportunity to try. As they've failed I will make my own request regardless.

 

lil-me. I tried to write to the Governor with specific responsibility for SEN but when I phoned the school this afternoon to find out their name I was told that there wasn't one, it was done by committee headed by the Chair of Governors. Not sure if the information was correct but I can only go on the information that I am given. HAve looked at the school web site and the last Governors report and am unable to find any information on a specific Governor for SEN. Is there anyway else that I might find this information because I'm sure that in a school of 1500+ pupils, 20% of whom are on the SEN register, one must exist.

[Minxygal]

I was a chair of governors in a primary school for 6 years. At that time it was a requirement for governing bodies to appoint a governor in charge of SEN. I shouldn't think this has changed in the few years since I resigned. SEN would be discussed in the smaller committee meetings but they should still have a governor in charge of SEN.

[Tez]

Thanks Minxygal,

 

I believe it still is but I'm unable to find out who holds the position. Any idea how I would go about it other than the means that I've already tried?

[LKS]

Tez have you got a copy of the governors annual report to parents. On ours it has all the governors and their responsibilties listed. You are right there must be someone in a school of that size who is responsible. One bit of advice I was given which was really helpful is to copy it to the link governor as well (they work for the LEA) You should be able to find this out from the LEA, although if anyone so much as sniffs that there might be a complaint about to be made they can be less than helpful.

[Elanor]

Tez

 

I thought your letter was lucid and stuck to the facts - and recognised constraints at the school, and avoided appearing heated. You have also stuck to 2 specific points (although I suspect that you have other complaints) - and I think this makes your position very clear.

 

Also, it doesn't read like a complaint - it reads like a legitimate demand for proper provision.

 

I hope it has the effect on the school that you need it to have.

 

Good Luck

 

Elanor

[Kazzen161]

In the Govs Guide to the Law, it says the gov body may appoint a committee to monitor SEN, the CoP says it can be one Governor or a sub-committee.

 

The school's SEN Policy should specify what arrangements they have made.

 

The letter looks fine.

 

Karen

[phasmid]

HAve a few ideas and things to say.

 

First: did you recieve minutes of the IEP review meeting? You should have done! I would copy these (if you have them) with the section that shows the school agreeing to apply for statement duly highlighted. Whilst not a direct request to the LEA by yourselves it was to an official of the school and can therefore be taken as a request to the LEA via that route as you spoke to an LEA employee and made this request. Therefore a response was due from them 3 weeks ago as they have 6 weeks in which to respond to such a request. (see below)

 

See sect 7.21 - 7.29. In particular look at 7.22 This I read in such a way to state the above that the school have recieved the request to the LEA on the LEA's behalf - it may be stretching the point, but go for it.

 

Second: The letter should be addressed to the Chair Of Governors, you can CC it to others (such as SEN governor, head etc), but it should be sent to the Chair.

 

Thirdly: The link governor DOESN'T work for the LEA (my wife is a link governor for two schools, sorry LKS she just growled at me!) they simply act as a go-between for dissemination (sp?) of information from LEA/DfES to the governing body. Also act as mentors for new governors in some schools.

 

 

Apart from that letter is fine. But do stress you HAVE made a formal request to the LEA via the school for an assesment.

 

HTH

[Lucas]

I only ever made one written complaint whilst at school.

 

"A thick sticky substance has been found on the stairs up to the dining room; tastes funny. "

[LKS]

Please pass on my apologies to Mrs. Phasmid no offence meant. In our school the LEA link governor is an employee of the LEA and I presumed this was usual. Sorry

[jomica]

Hi

 

I'm a Chair of Governors and I'd strongly advise you to write only to the Chair, copied to the Head as will be described in the school's complaints procedure (ask at the school office for a copy and follow it to the letter ... as will the school)..

 

The reason I say only write to the Chair is that usually the first part of the procedure is for the Chair to investigate the complaint and write back to you with his/her thoughts and possible ways to resolve it. If you are then still unhappy you have a right to appeal to a panel of governors who will hear the complaint afresh. If you have already written to one or more governors other than the Chair this then means that they cannot be involved in investigating the complaint .... so you may have already discounted the most important ally in the SEN governor if you send the complaint to him/her already. If, after the panel have investigated, you are still unhappy, it then falls to the Local Education Authority to investigate further.

 

HOWEVER, I am a great believer in controlling the statementing process yourself through a parental request for assessment. I'm not aware that schools have a way of short-circuiting the statementing process, except that they may occasionally get LSA support where a child presents an extremely challenging situation all day every day in school and then, sometimes, the LEA provides some interim support while the statementing process takes place. The process usually takes at least 26 weeks from kick-off and could address things like the need for a laptop. Once it is in the statement the school is breaking the law not to provide the support indicated.

 

We made a parental request for assessment and drove the process through this - it starts off a legal process out of which the LEA and the school cannot wriggle. If they decide not to assess you have a right of appeal.

 

Incidentally, if there is a SEN governor at the school the LEA Governor Service will be aware who that person is. You could give the Governor Service Co-ordinator a call and find out.

 

Hope this helps,

[phasmid]

LKS, no apologies needed. Just wanted to point out that, although possible, the link governor is not an employee of the LEA by default. It can happen as a teacher-governor, or non-teaching staff governor can take on this role. In Mrs P's case she has taken this role on two governing bodies by virtue of over 10 yrs as a governor.

 

Jomica is quite correct. As I said address the letter to the chair and cc it to the head, but it is not a good idea to send it to any other member of the governors or school staff, for the very reasons Jomica has given. I should have known better.

 

It can be tedious, but you must follow the correct procedure for complaints. If you try and skip a level it will only slow things down as you wil hae to backtrack. The 26 weeks is an overall time limit from initial request to statement. They should still reply to the first request within 6 weeks (except in exceptional circumstances).

[Tez]

Many thanks to everyone for the advice. The letter of complaint was faxed to the Chair of Governors Wednesday evening.

 

My son's headmaster phoned me today to apologise for the school's handling of his Special Educational Needs and to update me regarding the current situation. They sent the request for Statutory Assessment to the LEA last Thursday, but he said that there can be no excuse for the 9 week delay.

 

With regard to the lap top he has now agreed that my son does need one and that the logistical concerns will have to be overcome. He has told the SENCO to organise one and to try and get it to us before the end of term (but I'm not holding my breath!) If they find that there are practical difficulties when he returns to school they will work to resolve them.

 

I'll keep my fingers crossed that the promises materialise but am going to confirm my conversation back to him in writing so that there is a written record of our agreement (I'm becoming so cynical!)

[Kathryn]

Hi Tez,

 

It sounds promising: the head at last seems to be taking your concerns on board but why has it taken them so long? !

 

You are not being cynical in noting everything, just prudent and efficient, it's the only way to get things done.

 

Good luck, I hope the outcome is good.

 

K

Edited July 19, 2005 by Kathryn

[phasmid]

That is not cynical, it is very sensible. In the letter I would ask a question, anything will do as long as it requires a response. That way you will have a writen record indicating that he recieved your letter, even if he doesn't write back to acknowledge the phone conversation you can refer to your letter and a response to it.

 

Well done for getting what you have out of him. Keep the pressure up if needs be.