Appropriate education to age and ability

[Tez]

Just a general query. Does anyone know whether an LEA can be held culpable for failing to provide an education suitable to the age and ability of a child? A has a statement of educational need and is educated at home by the LEA. He is on the gifted register for Mathematics and before being taken out of school was achieving well above most of his peers in this subject. The LEA failed to provide him with any tuition at all for 9 months and since that time have provided tuition aimed at the lowest ability Maths pupils,i.e. those expected to get an E-G grade at GCSE. A was expected to get A*. The situation remains unresolved, not because they think that A is only capable of this, but because this is all they can supply via the elearning company that they use. They hope to resolve the matter in September, but by then 18 months of noneducation will have passed.

 

If A fails to achieve a decent grade GCSE due to inappropriate tuition, could the LEA be held cupable in any way?

Edited June 22, 2006 by Tez

[Canopus]

The state offers a free (or actually taxpayer funded) education to all 5 to 16 year olds. It is not compulsory to make use of the state education service at all but it is there if you want it. If parents decide to use the state education service then their children will receive an education in accordance with the National Curriculum. This education will not necessarily be the best education and neither will it be matched to the abilities or interests of your children. In some cases your children may find the education they receive too trivial, too difficult, or uninteresting to them, but schools have no duty to diverge from the National Curriculum in order to accomodate the needs and requirements of specific children. If parents are not satisfied with the state education service then they should find an alternative source of education for their children if the school or LEA are unable or unwilling to rectify the problems. Withdrawing your children from a state school is an easy procedure that every parent has the right to do although no school or LEA would ever recommend this move. Once your children have finished Y11, the state education service takes the stance that the parents were happy to make use of the chosen schools and the education their children received. The state education service will not be held responsible for any unhappiness your children experienced at school, poor exam grades, or dissatisfaction with the education your children received because the parents had the right to decide whether to use the state education service or an alternative every day their children were between 5 and 16 years old.

[Tez]

Canopus because A has a statement of educational need the school/LEA do have a duty to diverge from the National Curriculum and to conform to the legal requirements of the statement. A's statement quite specifically says that his curriculum should be appropriately differentiated to suit his abilities and special educational needs. The statement also quite clearly states that A has been identified as being gifted in Mathematics and that he will receive an education appropriate to his age and abilities. By law, the LEA has to supply a minimum of 6 hours tuition per week. On paper they claim to be supplying exactly 6 hours. In reality they are providing less than 3.

 

Additionally A's school receives a sum of money that they are supposed to be spending to ensure that all children registered as being gifted meet their potential. They are supposed to use this money to provide a differentiated timetable and extension activities. Whilst he is being taught at home, A is still registered with the school.

 

The school have said that he should be being taught to Higher Level GCSE standard. The LEA agree. However, the elearning company can only provide Maths work aimed at the very lowest standard of GCSE. Technically, and legally, the LEA have a duty to provide him with an education that meets his needs. They are failing to do so. The elearning company have put in writing to me that the coursework that they are providing is suitable for those pupils who are expected to get grades E-G. They have also put in writing to me that at present the work is insufficiently challenging for A and that they are not currently in a position to rectify that situation. It takes A less than 5 minutes per week to do the work set and he is getting 100% every time.

 

Technically I'm sure that I could take the LEA to court for failing to comply with the provisions of the statement but I have neither the money nor the time in which to pursue this option. I have about 11 months to get A to the stage where he can achieve well in his exams. Whilst I accept much of what you are saying, I am not in a position to pay for private tuition for my child and my own mathematical abilities are really not sufficiently high enough to go to the sort of standards that he is capable of at A level and beyond. A does need educational support from a teacher, he is not yet capable of being a completely independent learner and there are occasions when he needs queries answering.

 

I accept the limitations of the educational system, I am willing to help my son and not rely totally on the state system, but quite frankly at the moment they are taking the micky and trying to shirk their legal responsibilities.

Edited June 22, 2006 by Tez

[helenl53]

Tez, have you talked this through with the DfES Sen Operations? Provision to meet the needs should be made - however they source this!

 

I would have thought that the lea could provide a live tutor for the maths part of the curriculum from one of the local schools or from the independent sector. Possibly this could be for only an hour or so a week and so would not be so expensive. Although why am I even talking about funding - it should not be for us to worry about that.

 

Best wishes

 

Helen

[Tez]

Helen I've emailed the DfES SEN department but not had a response. We are going to tribunal in September and the LEA did ask me yesterday if I was prepared to go to mediation first (which of course I am) but just trying to find out if there is any come back on the LEA if A does suffer due to inadequate provision, need to know how much of a stick I've got to beat them with.

[Canopus]

Canopus because A has a statement of educational need the school/LEA do have a duty to diverge from the National Curriculum and to conform to the legal requirements of the statement.

 

Not strictly true. Only in extreme cases is it possible to allow an exemption from a National Curriculum subject and the specific subject must be written into the statement with a reason why. An example is that deaf children don't have to study music.

 

A's statement quite specifically says that his curriculum should be appropriately differentiated to suit his abilities and special educational needs. The statement also quite clearly states that A has been identified as being gifted in Mathematics and that he will receive an education appropriate to his age and abilities.

 

This is a contradiction in terms as children are either taught according to their age or according to their ability.

 

By law, the LEA has to supply a minimum of 6 hours tuition per week. On paper they claim to be supplying exactly 6 hours. In reality they are providing less than 3.

 

Why this discrepancy?

 

Additionally A's school receives a sum of money that they are supposed to be spending to ensure that all children registered as being gifted meet their potential. They are supposed to use this money to provide a differentiated timetable and extension activities. Whilst he is being taught at home, A is still registered with the school.

 

Check the small print. This sum of money and the SEN services may only apply to kids who attend the school full time and not those taught at home.

 

The school have said that he should be being taught to Higher Level GCSE standard. The LEA agree. However, the elearning company can only provide Maths work aimed at the very lowest standard of GCSE. Technically, and legally, the LEA have a duty to provide him with an education that meets his needs. They are failing to do so. The elearning company have put in writing to me that the coursework that they are providing is suitable for those pupils who are expected to get grades E-G. They have also put in writing to me that at present the work is insufficiently challenging for A and that they are not currently in a position to rectify that situation. It takes A less than 5 minutes per week to do the work set and he is getting 100% every time.

 

This is serious because the school is offering the wrong service provider. elearning isn't to blame because they don't offer a suitable course. You should have a meeting with the school and LEA. Bring all paperwork from elearning and the statement. The school is badly failing its duty to provide the requirements set out in the statement and you have proof to back up your claims.

 

Technically I'm sure that I could take the LEA to court for failing to comply with the provisions of the statement but I have neither the money nor the time in which to pursue this option.

 

Have a meeting with the school first. If you have no success then threaten a court case and state you have evidence from elearning that can be used against the school and LEA. This should get them to take action and come up with the goods.

 

I have about 11 months to get A to the stage where he can achieve well in his exams. Whilst I accept much of what you are saying, I am not in a position to pay for private tuition for my child and my own mathematical abilities are really not sufficiently high enough to go to the sort of standards that he is capable of at A level and beyond. A does need educational support from a teacher, he is not yet capable of being a completely independent learner and there are occasions when he needs queries answering.

 

Surely the LEA could provide a tutor specifically for maths who can teach the higher level GCSE. That is what your son needs in order to comply with the requirements of the statement. Make this clear at the meeting.

 

I accept the limitations of the educational system, I am willing to help my son and not rely totally on the state system, but quite frankly at the moment they are taking the micky and trying to shirk their legal responsibilities.

 

This certainly looks like a case of dereliction of duty. You had better hold a meeting NOW so everything can be resolved before Y11 starts.