writing slope - is this right?

[nicadh]

Hi - DD has a statement which says she must be provided with a writing slope. School have supplied her with an A4 lever arch file to use. Googling seems to suggest that this sort of thing isn't that out of the ordinary - there are even clip on bits for A4 files you can buy so presumably the angle isn't that bad as a slope? However DD says the paper slips etc so clearly it isn't working for her. Anyone with specific knowledge of why this doesn't work and a proper slope would so I can argue this one out with the school. She used a slope in her last school (wooden one) with no problems.

[Special_talent123]

oh Writing slops to improve writing because of difficulties holding a pencil. I can find one I remember seeing one which can be used for dyspraxia too. They look like these http://www.thedyslexiashop.co.uk/stationery-for-dyslexics/writing-slopes.html

[nicadh]

That's the sort of thing I was expecting yes, but instead she has an A4 lever arch file to lean on and school have told me that she has a writing slope. No confusion over wording, and I saw the file for myself this morning after doubting DDs description of her slope. Surely the school can not expect her to use this instead of a proper slope?

[Willow-Tree]

Hmm, having statements that say you need certain things is all well and good, but in my experience with schools never do what they say they will, or what they're supposed to do. I know what she means about her paper slipping off though, I've leant on a binder before (just by chance) and they're like...high gloss almost, and paper just falls straight off. I don't know what you could say to the school to justify needing a proper one, other than that it says so in her statement and they haven't provided one yet (unless they are using a binder as a temporary measure until the proper one arrives?) - but can't you just buy one yourself and send it into school for her to use? I know this isn't the point, but at the end of the day, unless the school sort this straight away, she will continue to struggle

[Special_talent123]

a lever arch is not what I call a writing slope, no wonder its sliding thats what those in link above is for. Is there any way they can purchase these?

[nicadh]

Well, good news, the school have magically found a slope for her to use. Funny how things change the minute after I come in the class and they know they can't lie to me any more. Anyway, the right thing has happend at least. Now to address the other issues the school isn't dealing with....

[Sally44]

Equipment like that can often be loaned from the Occupational Therapy department.

 

The Statement is a legally binding document. If the Statement is not being fulfilled you need to put that in writing to the school, and give them a timescale ie. to provide what the Statement says, within 14 days. If that does not happen write to the Senior Inclusion Officer at the Local Authority and inform them that the Statement is not being fulfilled and again give them a timescale of 14 days.

 

If it isn't sorted by then you can you can seek Judicial Review. This would involve paying a SEN solicitor a one off payment of around £300 for them to lodge the case in court. After that the solicitor is working for the child and there is no further payments sought.

 

Usually just threatening to use Judicial Review will get the LA to fulfill the Statement, as they are legally bound to do. So if there is anything in the Statement that the school or NHS or LA say they don't have or cannot fund, that is untrue. The LA is legally responsible to fund the Statement regardless of who would deliver the provision. So if it is the NHS that is not complying you would still complain to them initially, then the LA and then seek Judicial Review for the court to Order the LA to pay for and provide what the NHS is not.

 

I know that schools can sometimes get very frustrated at how 'precise' the Statement is. But that is the whole point. That is why the Statement said "writing slope" and not "use a lever arch file as a writing slope".

 

Anyway, glad it got sorted.

Edited October 11, 2012 by Sally44

[Special_talent123]

thats good news that it has been provided now

[nicadh]

Thanks Sally - we are off to tribunal in the New Year over the content of the statement anyway, so will save the bigger guns for after that has happened if things are not being put in place then, but will keep at the school for the rest meantime. Right now the school are taking advantage of the wooly wording that I challenged from the word go.

[Sally44]

You may find that the LA concedes alot, if not all the wording before the tribunal, or just minutes into the actual tribunal. That is what happened to me in 2009.

 

What I would recommend is that you still continue with the tribunal and ask the Panel to word the Statement so that it is legally binding.

 

In our case the LA capitulated and the Tribunal Panel asked if I was prepared to go into a separate room with the Inclusion Officer and agree the wording of the Statement. Which I agreed to do. However I found after that that the LA had still worded the Statement in a way that it was not legally binding. And when I did a Freedom of Information Act search for the next tribunal [in 2011], I found emails between all the departments involved with my son from the Senior SEN Inclusion Officer telling them not to worry because he had worded the Statement in such a way that it was not legally binding!

 

So, to cover yourself, go through the tribunal itself. It will give you experience of how they work in case you do end up at a second one. And if the LA does not fulfill the Statement as worded by the Tribunal Panel themselves it will look very bad on the LA, Judicial Review will be a real option because there should be no vague or ambiguous wording from the Tribunal Panel.

Edited October 12, 2012 by Sally44

[nicadh]

Thanks Sally - We had the response from the LA this week and their arguements are thankfully pretty poor as far as I can tell for most of the reasons against the provision we are asking for. I am pretty angry though that they sent an ASD specialist teacher into the school to observe DD and write a report for them to base their case on. I was not informed of the visit (though have signed many permission forms so may well have included this sort of thing in the past as a blanket permission) and the first I knew of the report was when it came to me in the bundle of papers with their case for standing against us in the appeal. On the plus side the conclusions she drew are a load of rubbish. She has documented things like DD reminding a TA that there was a particular activity to do that afternoon and suggested that shows DD can be organised. The reality of that is that DD is obsessed with routine and will go all out to ensure that everyone involved is reminded so that the routine is kept. She can not organise herself in terms of her work or posessions though. It shouldn't be too hard to prove, there are private reports being done just before the deadline for evidence submission.

 

As for the wording - we have legal representation and so far are very pleased with the service. I am sure they will not let us down and let the LA get away with anything, but I will be alert to underhand tactics for sure.