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cathcart3303

Medical Needs and Home Tutoring. Help!

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The school family support worker came round today. Amongst other things she said if my son does not engage (face to face) with the tutor after approx 3 attempts this service will be stopped. The school had provided some generic work and she asked me what he had completed as the school were not going to provide any further homework until work was completed. I said that without direction he was unable to complete any of the generic work and it should be more specific homework provided which the tutor can explain. For the record I know the council were writing to academies regarding providing homework for children who have authorised absence. I also asked what she meant by engage. I said that as he is medically unfit and is waiting for CAMHS he should have at least 5 hours of tutoring a week and it is up to the tutors to engage with my son. I thought this had finally been sorted but what is lawful? Have CAF Thursday so will raise then.

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Whatever she tells you ask her to put it in writing.

It is going to look very bad for her to say in writing that a child with ASD, medically unwell, has only had a tutor attempt to work with them xx times before the service will be withdrawn.

 

If she does not put it in writing, send a letter to her detailing what she said. If she responds saying that is not what was discussed, she will clarify what she did mean. And if she does not reply any Tribunal would take that as her agreeing with your version of events.

 

As far as I understand it, you need a letter, from a consultant [not a GP], that your child is currently medically unfit to attend school due to [whatever the reason is, but it helps to have ASD/Anxiety specified]. Then, under the Education Act, the LA is legally bound to provide a certain number of hours of tuition each week.

 

So you need to request the consultant to write such a letter. Explain that without it your child will not receive any home tuition at all as the LA are not legally obliged to provide any. Also tell the consultant that without a letter from them your LA can involve the EWO and you could be sent to jail.

 

Once you have that letter you can use it to request your LA to provide the home tuition. If they don't provide it, it looks even worse on them at an educational tribunal, that they have not acted on the consultants letter.

 

The SEND Panel are very astute. They can read the evidence and inbetween the lines.

 

They were very unhappy with my LA for not providing anything. The LA's argument was that I had "exaggerated" his difficulties. But the Panel said "there is evidence from Clinical Psychology that he has an Anxiety Disorder, and from CAHMS that he is currently unfit to attend school as it would be detrimental to his mental health. The psychiatrist has emphasised that "astounding number of educational issues" he has and says that "xxxx is the most disjointed child I have ever come across."

 

So get the evidence in writing to back up your case, because the SEND Panel will read it and more importantly understand it and challenge the LA and school as to why they have not met the child's needs.

Edited by Sally44

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If you have a letter stating that your son is medically unfit to attend school at the current time, then I believe that the law states that the LA must provide a suitable education - if they're saying that they are only going to try with a home tutor 3 times, then they'd better have something else up their sleeve to try after that! It sounds unlawful to me and I would definitely bring it to your local MP's attention if that's how the LA are working.

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The Medical Needs Team came the predetermined three times, Monday, Wednesday and Thursday. As my son would not 'engage' the service is not coming anymore. I asked them what there job was and what strategies they employ. Don't they understand he needs consistency and perseverance? I admitted 9 months ago I need help. Comments like "if that was my son I would get him out of the house" and get rid of the computer do not help. Whilst increasing my anxiety about computer addiction the school are sending his homework via the internet! Not that much homework is forthcoming.

 

Felt really low today as thought we were getting somewhere.

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Its difficult for me to maintain eye contact when talking to people at the best of times, least of all across a table. I get away with it by looking at a different part of the face or body. It doesn't sound like they know what they're dealing with here by making these threats.

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Have you asked them to put everything in writing to you.

 

If you end up at an educational tribunal you cannot say "he said this, and I said that". You can only submit written evidence in correspondence and reports. So you need to write to them and say "I am writing about the home tuition arranged for my son. I was told that the teacher would come to the house only three times and if my son would not engage that the home tuition would cease. I have now been informed that those three occasions have happened, and that as my son has not engaged he will receive no further education from you. Can you please reply within 14 days setting out what education and therapy you will be providing for my son who has a diagnosis of xxxxxxx."

 

Do you have a letter from a consultant that states he is off school due to medical reasons [ie. anxiety or AS or ASD etc]? If you do then by law the LA must provide a minimum number of hours as per the Education Act. And the Education Act is an Act passed by Government and trumps any local authority regulations or criteria. If they dont provide it you can involve the Local Governments Ombudsman and even use Judicial review.

 

But the main thing is to think what your long term aims are. He is not in school and is unlikely to agree to return to a mainstream school, so are you going to try to get a place at an independent ASD specific school, or home educate or what?

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Yes do have things in writing. But remember that often the LA knows perfectly well what they are doing, and they know it is illegal, but there is no incentive for them to do things right because they don't get fined or penalised by anyone.

 

You can lodge a complaint with the local government ombudsman, but they only deal with whether the council has followed all the correct procedures. So without a letter from a consultant you have no right to complain as your child is seen to be 'voluntarily' out of school, and you as the parent can be prosecuted. That is why you need the letter. Once you have the letter you could ask the LGO to look into your complaint that the LA have not provided any education for your child.

 

But again you need to think of what your long term goal is. What kind of education do you want for your child.

 

If you end up having to go to an educational tribunal the LGO cannot get involved, because they only deal with issues that can not be settled via the SEND Tribunal system. And, as the SEND Tribunal cannot fine or punish the LA at all, there is no incentive for the LA to follow the law UNTIL you get to the actual tribunal. Often LAs capitulate and agree to do what they should have done months ago, sometimes just minutes into the actual tribunal.

 

But if you do end up at a Tribunal, my advice would be to carry on with the Tribunal, and to ask them to word the Statement so that it is legally binding on the LA.

 

So do remember that the LA is dealing with a number of children similar to your son, and they do know the procedures and system. They just make it as hard as possible because any support/therapy/adaptions they provide costs them money.

Edited by Sally44

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Have written to Director of Children's Services to establish my son has a medical need and asking who should be providing education for my son and what homework should the school be providing.

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Do you have a letter from a consultant {Paediatrician, psychiatrist or psychologist] saying his school refusal is due to a medical need?

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