New Area .. New Problems

[Hectorshouse]

For those that know us on here, you'll know that we left Cornwall and moved back to Devon over the summer. This has lead to the envitable headaches of changing boroughs with a statemented child, but it had to be done.

 

We had to sign off a far from perfect statement in Cornwall, so as we had a finalised statement to move with. Even though all the evidence from Cornwall suggests that the most appropriate placement for T would be in a special school, and the only reason m/stream was named was because the special school was full etc etc Devon have in their inifinite wisdom have now decided that T's needs would be best met in a local m/stream sec school

 

Well with that I merrily took off round the local schools and drew a complete blank, every SENCO I saw felt that it would be inappropriate for T to be placed in their school due to his level of need and support, even with the funding from the statement, they all felt that the problems T had before would happen again, and that m/stream was infact inappropriate for him ... TELL ME SOMETHING I DON'T KNOW!!!!

 

I did finally find one m/stream that had oodles of ASD experience, and a positive outlook as far as T's statement goes. The SENCO felt should could integrate T, and that school could be a positive experience, her understanding for ASD and triggers, and managing challenging behaviour was superb. Well I made my choice, informed the LEA, they sent the paperwork, the school read it thoroughly and its still not good news. The HT was extremely worried about T's challenging behaviour, as was the Yr Head, when I spoke to the SENCO about it I did clearly state that the majority of T's problems were due to the mismanagment of his ASD and a clear lack of understanding into the nature of his rigidity and use of language etc ... So she's sending it back to the LEA, with their concerns noted, but now it is up to the LEA to decide

 

Round and round we go, if T doesn't get a place their, and no other school in the locale will take him ... what the F**k is he supposed to do. The LEA do not feel he needs a special school, EVERY SENCO I spoke feels he does, the only school that might be able to take him are uncomfortable about it, as they do not want him to have to experience anymore exclusions/failures. At this moment T hasn't been in school since nearly the end of summer term (his last exclusion!) its nearly half term and I am getting a little stressed its gonna be another week before I know the LEA's decision, at this rate its gonna be christmas, and T hasn't had any education, no integration with other children, I am trying bits and pieces of home eding, but with A being out of school as well (###### teenager!) its difficult ...

 

HHxx

[annie]

Hi HH,

 

We had the same problem when we came back from living in Australia for 7 years. We had to start afresh, no school would take Alex because of his school records (exclusions etc), the same thing as you, nobody had ever understood Alex's problems so he would be excluded as it was easier to to 'get rid of the problem' rather that help.

 

The LEA do have a duty to education your son. We were told by our Parent partnership about Education Other Than At School and they referred Alex for it (PP CAN refer), EOTAS can be either home tuition or taught in small groups, which is how Alex is being taught. Mainstream couldn't or wouldn't take him, (one did, with an ASD unit but he was still excluded) but he didn't 'qualify' for a place in a special school. For Alex EOTAS is working really well.

 

LEA's will not voluntarily tell parents about other options, it's up to us to find out

 

Annie

<'>

[Hectorshouse]

Thanks Annie, thats really helpful, I didn't realise that PP could refer for EOS, will speak to mine about it, saying that though, he is all but useless with everything else, very much in the LEA's back pocket!.

 

HHxx

[annie]

We're lucky that our PP are good, but I know a lot aren't. Ours did actually refer Alex themselves, but I did double check with them a couple of weeks ago after mentioning EOTAS on another post a couple of weeks ago. They said they definately can refer.

 

Annie

XX

[linss]

Hi, i thought that once a child received a statement then we could choose their school?Am i wrong on this

[Hectorshouse]

Your not wrong, we do have a right to parental preference but schools also do have a chance to refuse the place if they feel it would be an inappropriate use of resources or have a detrimental affect on the education of other students. If the LEA do not name the school of your choice on the statement you have right to appeal, the LEA have to justify their reasons, as does the school.

 

HHxx

[Tez]

HH,

 

My LEA has told me that they cannot see how A's needs can be met in any LEA school. We are currently going through the Statutory Assessment process but are hoping that the LEA will agree to fund and manage a flexischooling system whereby A is educated mainly at home with work supplied by school and taught by home tutors. I know I'm chancing my luck but it seems like the only option other than residential school. The LEA are trying to push EOAS in a PRU unit for children with health problems. They do not seem anti our ideas but do seem reluctant to issue a statement although they are currently assessing.

 

The LEA do have a responsibility to provide him with an appropriate education. If no school will admit him then he is effectively excluded and surely therefore after 15 school days he is legally entitled to home tuition?

[Mother in Need]

There is another forum who is discussing this Home Education funded by the LEA, if your child is excluded or cannot attend school for medical reasons the LEA has to still give the child their education.

The title is Home Tuition, off school sick on medical grounds, but all this applies to your son as well till he is given a suitable place. Check it our HH and see if it may help you to 'tick over'.

[Elanor]

Hectorshouse

 

I don't have anything useful to add, but I just wanted to say that I really understand your frustration at the gross unfairness of your situation. I hope it all comes right soon, I know you will make sure of that.

 

Elanor

[lil_me]

Sorry I can't offer much advice on this one, but I'm really sorry to hear about the battle you are having since moving, moving house is stressful enough without all this to add to it, I hope you get things sorted soon <'>

[phasmid]

Hi HH,

 

don't take it anymore. Go for the top and demand the DfES MAKE your LEA fulfill their legal obligations. Ask them to get on to your LEA pronto and find out what the hell they are playing at.

 

Not saying it will be easy, but, and it is a big BUT you are in the right on this. The LEA are in the wrong. They should have taken the statement that was written and gone with the provision on it whilst looking at alternatives - not the other way around.

 

Hope that helps.

[nellie]

Yes,

 

I agree, I wouldn't play games with the LEA over this, take it further up the ladder.

 

Nellie xx

[Hectorshouse]

Thanks Nellie and Phasmid ... I appreciate you advice but I have a few problems ...

 

It was my choice not to put T straight into the nearest m/stream that had a place after meeting the SENCO where she made it quite clear that it would be inappropriate for T to be placed with them, how could I put him through the upheaval whilst the LEA sorted their act out and then placed him maybe in more appropriate provision. Although the SEN paperwork and recommendations from cornwall LEA bods was that T needed specialst provision, his statement still named a m/stream sec school, as the specialist provision in cornwall was full to overloaded! So I have a statement for m/stream school with the needs/provision on it for a child who SHOULD be in a special school.

 

The LEA should get the paperwork back from the school this week, until they decide if they are going to agree/disagree to the placement I didn't think that there was anything really I could do, up until now they have been following guidelines, they have accepted the statement from cornwall and given T the highest banding of support for m/stream inclusion in Devon, I was then given the opportunity to visit the schools which as I have said were all TOTALLY inappropriate for T.

 

I did consider the idea of T going into a school that had a place, but when the SENCO's gave me their opinions I felt I could not do that to T after all he has already been through, and then try and sort out the mess again. I was trying this time to get placement right first before I subjected him to school again, my plan was that if the LEA turn down our choice of placement that that was when I would then get in touch with the DfES as quite clearly the LEA have not and are not meeting the needs of his statement, and haven't done since our relocation, no alternatives have been offered and little or no support or adherence to the evidence from professionals gathered for his statement.

 

HHxx

[annie]

Hi HH,

 

It might be worth giving http://www.ipsea.org.uk/ a ring to see what they could advise you to do.

 

I can understand the situation you are in, but the LEA seem to be as usual, sticking to the rules and regs when and how it suits them and not your son.

 

Annie

<'>

[Hectorshouse]

Thanks Annie, Yep IPSEA are on my list of calls today ...

 

HHxx

[Hectorshouse]

... well here we go ...

 

Have just come off the phone with my LEA officer ... first time I've actually spoke to her and not the admin assistant, which is a result of sorts ... but the news is not great.

 

- The school we chose after MUCH looking have responded to the LEA noting their extreme concerns that theirs will not be the right environment, and have asked the LEA that they try it for a term, and at the end of that term his situation be reviewed and then it decided as to whether he remain in that environment or he leave and recieve link education either at home or possibly at a PRU as they do not have any other places for him.

 

I have a choice now of whether to agree to this situation, and hope and pray that T can survive and it all doesn't go pear shaped. If I don't agree, they then send T's information to all the schools within our direct locale, even though I have already done this and ALL the SENCO's felt it would be inappropriate ... etc ... and if that draws a blank which I suspect it will, T will receive link education.

 

So pretty f**ked either way ... finding this really hard to understand, just getting over a D & V bug, T staying at my moms as I don't have the energy for him at mo. I just don't think that for a supposed 'inclusive authority' link education is ###### well inclusion ...

 

Back on the phone to IPSEA, and to my local MP and maybe the paper what do you think?

 

HHxx

[annie]

Hi HH,

 

I say go for it. You've got nothing to lose.

 

There's still nothing in place NOW and there should be. It's all full of if's and maybe's.

 

Annie

<'>

[Tez]

Unfortunately the SEN education system is a mess and most parents have to end up accepting compromise solutions. As Annie says if you are sure that the school you chose is the right environment I'd go for the trial period and hope. Just make sure you've read the reasons why the school don't think it will work and make sure you're confident their reasons are wrong. Be seen to be listening and considering, even if you don't agree.

 

If you feel that it's not, you only chose it because it was the best of a bad bunch and you have a better more suitable solution then I'd refuse and fight for the better solution.

 

I know a few people who live in your area who had their children at home for over a year because the LEA were unable to offer suitable placements. Anacdotedly(sp?) they seem to have a real problem.

 

Ultimately, only you can decide what is best for T. I'm really sorry that you're being put through this turmoil but trust in your instincts and go with them. I usually find this serves me best.

 

I also agree you should get on the phone to your local paper and MP. Also phone the DfES and ask them to police your LEA. T needs an education and you need the onus removed from you.

Edited October 12, 2005 by Tez

[Hectorshouse]

Thanks both Tez and Annie, your comments as always gratefully appreciated and support also.

 

I think my choice has been based on the best of a bad bunch, I haven't been given the opportunity to consider special school placement because of the inclusive policy bull! My instincts are very much, that if the school need to set stipulations to entry then there must be serious concerns as to T's ability to survive within their environment. I have contacted the school and am going to arrange a meeting with both the HT and SENCO again to discuss their concerns, and find out if they actually do see it as a viable placement, or whether this is part of the inclusion policy and they are just covering their backs if the placement fails as they think it might well do. SS's bod coming on friday, have left message for him to contact me prior to visit to see what can come up with (not holding my breath tho!)

 

Also, left a message for my local councillor, IPSEA aren't available till this evening so will try later, also left message on NAS advocacy helpline, but I know that'll take a couple of weeks. Contacted the senior member of the CIDS team and she is getting back to me, spoke to a very nice HT at a school in Dawlish who has been very helpful and is going to speak to another HT at a special school in our locale as to whether there might be a way of getting them to look at T's profile.

 

I know the SEN system is a joke, but the situation is just ludicrous, it is the LEA's responsibility to provide suitable education and the subsequent placements, it is not mine or any parents responsibility if this is not available. I mean for f**ks sake this is a joke, we offer an inclusive policy just makes me laugh, what is inclusive about link education or setting of stipulations for a childs placement in an inclusive school .. hmmm me thinks something is very very very wrong here!!!!

 

On the phone the local rag next ... wonder what they will make of it? if anything ... oopppss slipping in pessimist mode

[Tez]

HH,

 

It sounds to me that the LEA are being told by their own schools that inclusion is not for T and as such you will have all the evidence you need to fight for what really is appropriate for T. I hope that IPSEA or one of the others is able to help you soon and that you are able to sit back and let someone else take the strain of finding a suitable placement.

 

I understand your frustration. My LEA is unable to offer a suitable placement for my son and he has been without any tuition since April, although the Educational Psychologist feels that I could technically argue this is since December last year which is when the school started sending him home sick after a few hours everyday. Fingers crossed you get something sorted soon. Keep us informed.

[phasmid]

I don't see that you can do much more than you are already doing here. It does seem like you have been backed into a corner on this - and so does the school. That said you're planning to talk to them to see what concerns they have that, I assume, you can help them address. Hopefully, concerns or not, they will be willing to work with you. It may not be the solution to things long term but at least the LEA are trying something. If it doesn't work, they can't say it is was your fault.

 

There is nothing stopping the other schools you mention looking at his files even if he is at the school you mention.

 

Hope you get this sorted out.

[Hectorshouse]

Thanks Phas, yes I do hope that I can offer suggestions to help them address their concerns. The Senco did seem very willing, I think it is just those over her head that are putting the pressure on her. I have offered my full support and cooperation.

 

I agree with you that if it doesn't work then it won't be down to me, and as such I expect them (the LEA) to take full responsibility for this. A plan B must be in place if the placement fails, link/PRU simply isn't acceptable ... I will be speaking to SS's bod about emergency placement etc ... in the event of a possible failure of placement. Its just not acceptable anymore for the see what happens approach and we'll deal with it then.

 

HHxx

[Hectorshouse]

... was a telephone dervish yesterday, didn't achieve much but got quite a bit of advice.

 

My SS's bod is due in hour ... can't wait to tell him what I think

 

Have a meeting with the trio from possible new school for T next Friday, I am trying to make an appointment for a meeting with the Senior Sen Officer at the LEA before then as well.

 

SENCO agreed that a plan B should be put in place, that it shouldn't be left until such a time as when T might fail, that he needs protection and not abandonment by the LEA (her words not might mine!)

 

... IPSEA were meant to call me back once they had looked into my query thats 2 days ago now ... and still no call

 

HHxx

[Hectorshouse]

SS's bod came round for 2 hours today, he is now coming to meeting at new school next week as well, and is going to speak to LEA about a plan B, he is also going to see about the OT and SALT that has not been accounted for in T's needs and needs to be set up.

 

Have also managed to persuade a senior member of the CID's team to come to the meeting as well, to ensure that if we do decide to take the place that T can be properly prepared and supported through his re-integration, she was also very worried that there appeared to be no plan B and that he has had no link eding whilst he has been off and is now promptly heading of the SEN office to talk to the SEN officer ...he he emailed her T's statement and my parental rep as she hadn't any paperwork other than my original email, also gave her contact details of her opposite in cornwall and the EP details as well, just to make sure she could get the full picture, .... sometimes I feel as if I am the only one doing any ###### work on this, why don't people communicate more .. bit ironic as she is from the COMMUNICATION AND INFORMATION DISORDER TEAM

 

Need to call the school on Monday and tell them of the extra guests to our little meeting, I'm sure it might raise a few eyebrows and I don't want to put they're noses out of joint, but hey they were the ones with the conditions ... and the more support they and T get the more possibility of success there is for T.

 

HHxx

Edited October 14, 2005 by Hectorshouse

[phasmid]

Phew...did you have time to draw breath?

 

I'd say you're making sure all the bases are covered. Good for you. Sometimes it is the case of if you don't do it no-one will. Fingers crossed that everyone is pulling in the same direction now. They cannot say you haven't done your bit!

[Mother in Need]

Good luck HH.

[Hectorshouse]

... it looks like all my efforts are coming together, but I do have a query, I hopefully have a meeting with SEN officer from LEA this week before meeting at school, to try and ensure that a plan B is put in place should the placement fail for T. If the placement fails do the LEA still have responsibility to maintain the provision of T's statement ... and can this be done through link eding?

 

HHxx

[phasmid]

Gut instinct says YES. I'd check it though. I cannot see why they would be able to suddenly write the statement off jsut because the placement fails. Ipsea would be your best bet to check it out. I hope I'm right but I cannot be sure - please check.

[Hectorshouse]

Had another fun telephone conversation with the SEN officer, slowly browbeating the poor woman, she will not give me a meeting until after my visit to school, she kept banging on about inclusion and how the 'majority of children with an ASD are educated within mainstream' blah blah blah .... and that the inclusion panel felt that T should be 'given a chance' etc ... to which my response was, T has had MANY chances, m/stream from the early days has been nothing but traumatic and littered with unfortunate events, at what point do 'they' (the panel/lea) deem that m/stream isn't going to work, being as T's past history is so good at coping within that kind of environment, does he have to be excluded again!? or was the fact that he had 6 exclusions within his first year of high school (3 official & 3 unofficial) not cause for concern. She still feels that T's needs can be met in a local m/stream and if the placement fails that will be his next option, to which I kindly reminded her after she again said there were schools that do have places, that NONE of the SENCO's felt it was appropriate for T to be educated within their school ... ever feel like your being heard but just not listened too!!!! I explained to her that if T could not 'survive' at the school of our choice, then it was highly unlikely that he would be able to 'survive' in a larger school in our locale, where they have even less experience of ASD, the SENCO from our chosen school actually said this to me, I wonder if I can get it in writing from her

 

Anyway this is turning in a bit of a blah as well, the long and short of it is, that she finally agreed that if the m/stream placement fails, it would not suitable to then place T in another m/stream school, but as there are no placements available at the only other option (MLD/EBD school) then he would have to link edded until such time as a place comes available. They also will not be naming the school on the statement, at the moment T's statement is the same as he had in cornwall, school and all! Heading off for my code to check this bit out ...

 

Got so fed up with this, the fact that there is NOTHING, my sons needs are not severe enought to warrant SLD placement but to much for m/stream, there is no middle ground, I have contacted the local rag and they have got back intouch to sod it its time to name a shame our authority for spending millions rebuilding all the schools and not spending any money on SEN provision or ASD provision ...

 

HHxx

[Hectorshouse]

EMAIL TO LOCAL RAG ...

 

"Dear Sir, having recently moved the area I have been reading about the new school build in XXX with interest. This became a very personal interest, as my son who is 12 years old has a diagnosis of Asperger's Syndrome/Dyslexia/Dyspraxia/ADD our previous LEA felt that he needed specialist provision but unfortunately that provision was full to overloaded and as we then moved I did not pursue this placement to Tribunal. On moving to XXX the LEA agreed to take responsibility for my son's statement .. the following is an abstract from their letter ..

 

" The copy papers were considered carefully by the Inclusive Education Panel and they noted your concerns regarding T continuing to attend a mainstream school. However, as previously advised, Devon is an 'Inclusive' Authority where the majority of pupils with Autisitc Spectrum Disorder are educated in mainstream schools with appropriate support. Therefore, the panel felt that T's needs should be met at a local mainstream secondary school. "

 

With this in mind I then visited/spoke with every SENCO at all the secondary schools in XXX, all had access to my son's paperwork and after discussion ALL felt that placement would NOT be appropriate. Several commented that his needs would be better met in a special school, several commented on the extreme difficulty they are already facing with children with an ASD and who are not coping within the mainstream setting at the moment. I was shocked by this, particularly with all the money that has been invested in the rebuild programme that is underway, that there are no area resource bases attached to any of the secondary schools, no units attached for ASD pupils, and little adequate experience of working with this particularly vulnerable and difficult group of children.

 

As a parent I have the responsibility of stating a preference for a school for my son, the first difficulties I found was that our designated school was full, the only two schools with places definitely could not take my son and provide for his needs. I then had to look outside XXX and found that XXX has excellent ASD experience, but even they have extreme reservations about the possiblity of placement for my son working in their environment, and have as such placed conditions on his placement (i.e. one term with review at the end) if his placement fails, there is nothing in place for him. As his needs are in the MLD bracket and not SLD this makes things difficult, XXX would be a possible option, but as it is a predominantly EBD school this would have a detrimental effect on my son. It is a known fact that EBD is not the same as ASD and therefore neither can be handled in the same way, many ASD children if sent to an EBD school suffer terribly, they are extremely vulnerable to bullying and do not understand the rules of social engagement, thus causing serious behavourial problems that have been rote learnt from their EBD peers. Also, XXX is full! and therefore my son would have to wait until a place came available ... how long that piece of string is I do not know.

 

Since we have been here, my son has received NO education, although he has a statement of SEN, and if his placement fails (if it is taken up) then he will only have access to link education which is often only 5 hours a week. This is not incusion! This is a 'stick him in a school and see what happens' approach and we'll pick up the pieces later. Autists NEED continuity, how can a provisional placement possibly provide security or continuity for my son, who is entitled to an education according to HIS needs not the LEA budget needs. The LEA's line at the moment is that my sons needs could be meet in mainstream, but at what point does everyone have to agree that inclusion isn't working, how many failures/exclusions does he have to experience before appropriate provision is available.

 

The fact that there is not provision available for my son, is not my fault, this is a responsibility that belongs to the LEA and they are shirking, not just for my son, but for many children with ASD in XXX and Devon. If my son's disability was visably obvious then people would fall over themselves to provide for him, but it is not, people see an odd slighty quirky child without realising that he does not view the world like everyone else and never will. ASD is not something you grow out of it is for life, and without adequate education and support my son will be dependent upon me and the state for the rest of his life, with appropriate education and support he could be a fully contributing adult, that is independent of me and the state.

 

I don't know if you ever get people contacting you about this issue, but I know I am not alone, I spend a lot of time talking to other parents all over the country faced with the same/similar or worse dilemas than my own. SEN and the problems associated with 'inclusion' are endemic, and the voices of parents like mine regularly goes unheard. If 'Every Child Matters' as per the government mantra of the moment, then this isn't happening, not every child matters, those that fit the mould of the education factory are rewarded, those that do not are left by the wayside, and those whose needs are obvious and severe are dealt with accordingly. At the present time there is an underclass of pupils for whom education is offered but with conditions, and no protection offered to them.

 

I do hope you take the time to read this and I would be happy to discuss this more."

Edited October 19, 2005 by Hectorshouse

[UltraMum]

Is the phone ringing yet?

[Hectorshouse]

... not yet, local rag education reporter has responded via email and is very interested, she is away for a few days but will contact me when she gets back, unfortunately I am away when she gets back, but have given her my mobile number so she can call me anyways ... heres hoping, am now thinking about sending the same email to the nationals ... a bit scared admittedly about the hornets nest I am stirring up, but need to put money where my mouth is ...

 

HHxx

[mossgrove]

HH

 

Sorry to hear about the problems you are having.

 

If there are no places at the MLD/EBD school the LEA should not have the option of excluding your child from education until such time as they have places, they should fund a place at a private Special School (out of area if nexcessary) until such time as they can make provision within thier own area.

 

Have you contactyed IPSEA to see what they can do to help?

 

Simon

[Hectorshouse]

Hi mossgrove, yep have been in touch with IPSEA and they haven't been able to offer much help yet, they have been able to inform me that the LEA can offer me a provisional placement with review according to sched 27 of ed act etc .. but they haven't given me any answers to the real question ...

 

> if the placement fails and there are not places at the MLD/EBD school, then appropriate provision NEEDS to be put in place (or option there as a plan B ) and that link eding is in effect not meeting T's needs and as such the LEA are not meeting their legal obligation of fulfilling the provision of his statement ... they have not headed previous EP and other prof bods advice on placement, and have steam-rollered ahead on the inclusion mantra. When I asked LEA SEN officer about emergency placement if the m/stream one fails, she said they could not do this as there weren't any places available ...

 

So a bit frustrated with IPSEA, going back to them again tho to see if maybe then can be a little more clear about things or maybe I'm being obscure .. dunno!

 

HHxx

Edited October 19, 2005 by Hectorshouse

[mossgrove]

When I asked LEA SEN officer about emergency placement if the m/stream one fails, she said they could not do this as there weren't any places available

...

 

 

That is the core of the issue that you need advice on. My understanding is that lack of resources cannot be used to justify lack of provsision as that is exclusion. In our LEA area there is no in-house provision for children with EBD and Autism above the age of 11 but they will fund places in a local charity-run school. (At 25,000 a year per child it is a last resort), there is also a school in North Wales where our LEA have funded residential places in the past.

 

My understanding is that your LEA must fund alternative provision if it is not available in house,but it would be useful to get IPSEA to confirm this.

 

Might be worth doing some research into private sector provision in your area in the meantime so you are clear about what you are asking for if the time comes.

 

Simon

[Hectorshouse]

... spoke to NAS advocacy today ... she's calling me back about 8.30 ish going to talk to someone further up ...hoping to give me a clear idea of legal position if the placement fails, and what I can push for from the LEA ... here's hoping and waiting with anticipation.

 

HHxx

[annie]

Good luck, HH

 

Let us know how you get on.

Annie

X

[phasmid]

If there are no places at the MLD/EBD school the LEA should not have the option of excluding your child from education until such time as they have places, they should fund a place at a private Special School (out of area if nexcessary) until such time as they can make provision within thier own area.

 

 

Quite right!

 

I know of one parent in my LEA who had exactly this battle with the LEA. They were excluded from every school in our area and the LEA could not find a school to meet his needs. His mum set about finding a school that did suit him and would take him. She ended up requesting an out of LEA residential boarding school placement. To cut a long (-ish) story short, after some 'discussion' with the LEA she got exactly what she wanted. They couldn't provide for his needs anywhere in the county and she reminded them of their obligation to provide an education.

 

This shows it can be done!

[Hectorshouse]

NAS lady was fabulous .... confirmed loads of stuff that I was doing was right, gave me links to some important education issues, ie - if T's placement fails the LEA have to provide 24 hours EOS at KS 3 and I have the DfES guidance to back that up, and yes the LEA are totally shirking responsibility at the moment and for the future ... well not now I've got the blurb to back up my position. Also she gave me the guidance on reintegration of excluded pupils and T does come under this bracket as he has not been able to access any education since he left school in June last year, following his last exclusion and our move to the new borough.

 

Furthermore she gave me some fab advice on the transport problem current LEA position is that T is not going to des school therefore he's not entitled to transport ... wording from LEA as follows ..

 

the "you should bear in mind that where a child attends a school other than that designated by the LEA to serve the home address or the nearest to their home as a result of parent preference parents are responsible for making their own transport arrangements and for all the transport costs. The provision of free transport is generally limited to those children of statutory school age who do not live within walking distance of the school designated by the LEA to serve their home address. Section 444 of the Education Act 1996 defines walking distance as 3 miles in relation to a child who has attained the age of eight"

 

NAS advice - as my designated school was full and no places could be offered, and that no other 'suitable' provision was found within my locale that my choice is not parental preference but accessing the most suitable education, and as all the other local schools have already refused placement for T then I have had no choice in my preference, therefore the responsbility for transport falls at the door of the LEA. As T has a statement of SEN it is the most 'suitable' placement that applies in this situation, and as that is m/stream from the recommendations of the inclusion panel then this responsibility is the LEA's ... also case law R v London Borough of Havering, ex parte K (1998), the judge said that if the LEA named the parents preferred school and this is over walking distance is was not open to them to argue that a nearer school could meet their needs. This implies that the LEA must pay transport costs unless they reach an agreement with parents that they should pay. Also LEA's are not allowed to use transport policies to restrict parents access to 'suitable' edcuation ...

 

Looks like I'm getting all my bits and bobs together, time to take stock and read, write notes and prepare for the meeting tomorrow, looks like its gonna be fun, but not as fun as my meeting with SEN officer is going to be

 

HHxx

[Mother in Need]

Good luck again, HH!