Don't get mad, get even - advice from DRC

[Tez]

I posted earlier about the lies that my LEA wrote in their case statement to SENDIST. When I'd got over the shock I decided to try and use their lies against them. I also sought advice from the DRC about possible discrimination. It is my intention to send the following letter to the LEA. Before doing so I would be grateful for any comments on how to inprove or whether I am exposing myself to further difficulties.

 

We have received a copy of your case statement from SENDIST. Having read it, there are a few matters that we feel cannot wait until September to be pursued and for which we feel immediate agreement needs to be reached between us.

 

We note that you are unwilling to supply A's home tuition during the afternoon and have stated, ?The ultimate aim of provision for A is for him to access mainstream tuition where appropriate. In order to do this, A needs to be working towards working within standard school hours and planning his work/leisure/sleep patterns accordingly.? We have taken advice on this matter from the Disability Rights Commission, since A?s sleep pattern is not within his control and is part and parcel of his disability. We have been advised that in taking this stance you are in breach of the Disability Discrimination Act and are failing in your duty to make reasonable adjustments thereby placing A at a substantial disadvantage because he is too tired to learn. The DRC are prepared to assist us in taking this matter further should we not be able to reach agreement with you directly. To avoid a possible disability discrimination claim we would be grateful if you would make immediate arrangements for A to receive his home tuition in the afternoons and advise us accordingly.

 

We further note from your submission that you believe A is receiving 5 hours of home tuition per week. Obviously, there has been an oversight and somebody has forgotten to arrange the additional 2 hours because in fact, A is only timetabled to receive 3 hours of tuition per week in the home, one hour per day, Monday, Tuesday and Wednesday. In view of this, we would be grateful if you would arrange for A to receive this additional tuition immediately so that he doesn?t further lose out on his entitlement.

 

We have expressed the view that A?s curriculum is currently not broad enough and does not comply with the Educational Psychologist?s advice that he be allowed to pursue GCSEs in subjects that are of interest to him. You have indicated in your case statement that you are willing to extend A?s curriculum base dependent on his ability and willingness to engage in areas of study that you have suggested that you could deliver. A has already indicated that he wishes to study History and ICT, and indeed you will recall that we have asked you to provide tuition in these subjects on a number of occasions. It would seem appropriate to us to use these additional 2 hours of home tuition that you thought A was already receiving to start introducing these subjects into his curriculum. We would be grateful if you would make immediate arrangements to that effect.

 

We are not sure where you gained the idea that A is only able to cope with a limited timetable. Certainly, we can find no reference to this in any of the expert advice. Whilst we would agree that A needs to structure his day differently to his peers, and to take regular breaks from learning, there is no medical nor psychological reason why A cannot pursue a full time table such as his peers are pursuing in school. However, there is a need to adapt the teaching methods and place of delivery to suit his preferred learning style and to take account of his significant sensory integration difficulties. A has demonstrated since his enrolment with XXXXvirtual academy that he is able to apply himself to work and produce extremely high standards of work to deadlines without it impacting upon his stress levels, provided that he is able to pace himself and learn in an environment that doesn?t cause him pain and discomfort. We think that the important lesson learnt, is that for A, it is not possible to combine learning with any possible need that professionals might feel he has for social integration.

 

There are many areas of your case statement which indicate to us that you do not have a full understanding of the complexities of A?s case and other areas where you seem to be under the impression that A is receiving provision that he is not. It is for these very reasons that the statement needs to be more fully and clearly specified and quantified. We appreciate your desire for flexibility to enable adjustments to be made should they be necessary for A?s benefit. We thank you for your concern for our son?s welfare, but would point out that a paragraph that says that the provision can be reduced should medical or parental advice be that A isn?t coping, is all that is needed to ensure A?s welfare. Since you have indicated that you think that you are supplying in excess of our base line requirements we cannot see your problem in assimilating this quantification into the statement. You asked whether we would be prepared to go to mediation and we feel that this might provide a positive step forward. We would therefore be grateful if you would make immediate arrangements for this to take place.

[phasmid]

 

That will put the cat amongst the pigeons! Excellent letter. I would suggest the one (very minor) addittion to this paragraph:

 

We further note from your submission that you believe A is receiving 5 hours of home tuition per week. Obviously, there has been an oversight and somebody has forgotten to arrange the additional 2 hours because in fact, A is only timetabled to receive 3 hours of tuition per week in the home, one hour per day, Monday, Tuesday and Wednesday. In view of this, we would be grateful if you would arrange for A to receive this additional tuition immediately so that he doesn?t further lose out on his entitlement to a full time education as laid out in the national curriculum.

[Tez]

Thanks Phasmid - good suggestion. It's added.

[PinkSapphireAngel]

Brilliant letter, very carefully and cleverly worded, I would love to see the LEAs response.

Good luck with it, I am now wondering whether I should speak to DRC (Can anyone give me their details please?) as I think my LEA and the school have and are treating my son appailingly.

[Tez]

Hi PSH,

 

The DRC's phone number is 08457 622633. You just need to phone them and tell them what the problem is and ask to speak to an education adviser and they will then tell you if the DDA covers it or if it is merely an SEN matter. If it's covered by the DDA they will advise you on how to proceed.

[justamom]

Very well written... that would have taken me ages!!!! You get em!!!

[Bagpuss]

Fantastic letter Tez

[minerva]

woah thats very well written, i know where i'm coming when i need to write my next letter

[helenl53]

Brill!

[Flora]

Tez.... that is cracking reply. They so obviously have not been bothered to read through all the documentation and get their facts right (that's the kind assumption... the other is that they lie through their teeth) and your letter has thrown that right back at them. I'd like to see how they try to wriggle out of that one.

 

Lauren

[Zemanski]

Brilliant, Tez, hope it gets them moving -

 

I'm keeping an eye on how it goes, my complaint went in yesterday because so far we have nothing for Com from the LEA but today the RO phoned the senco and told her he isn't entitled to any home ed as a sick kid ( and I quoted the guidance on it in my letter!)

I sent the same letter to EOTAS and they told the senco he is entitled

 

by the way the DFES guidance states that 5 hours is the minimum A should be getting and that more should be available if appropriate

 

the other thing EOTAS told the senco is that they have a small unit, just at the bottom of our road, that might suit Com - funny the RO hasn't ever mentioned it!

 

good luck, keep them on their toes and they might get fed up and give in

[LKS]

Marvellous letter Tez. Would love to see their reaction

[Suze]

Well done Tez..........just another thought, the reference to the missing 2hours should be in Bold Large Type....and underlined with a very thick bright red marker pen

[Tez]

Well thank you all for yor comments and support. The email was sent off late last night and tagged. It was read before 9 o'clock this morning but so far have not had a response.

 

I forwarded a copy to A's Consultant and she has phoned me to say that she will contact the LEA on my behalf and support me. I also forwarded a copy to my local councillor who is a governor at A's home school and who sits on the council's SEN committees. He's also going to speak to the LEA and ask some leading questions. IPSEA have advised me about other missing hours of e-learning in the statement and about the LEA's continued reference to reintegration into school which does not form part of the statement nor my appeal to SENDIST and is against the expert advice received at assessment.

 

Zemanski Good Luck with arranging Coms's tuition. Had a problem arranging A's, took them 6 months to supply it. Eventually a formal complaint to the SEcretary of State for Education asking why my LEA was allowed to break the law did the trick. If necessary perhaps you could use that tack a bit earlier than I did.

[minerva]

well done.....seriously...get ready to help me with my letters lol

[Zemanski]

Got a letter from the RO saying she's not responsible for anything this morning and a copy of one she sent the senco saying pretty much the same thing and that Com isn't entitled to home tuition while he is on roll at the school but that if I take him off the roll then they can check I'm educating him properly - not sure where she got the idea that we might deregister him from!

 

Then half an hour later I got a phone call from EOTAS saying he is entitled to home tuition and they're coming out to arrange it tomorrow

 

 

What happens in Sept though is another matter, the RO says we can't have a review before then as WE have left it too late - school has been trying to contact her for a month

 

glad the consultant is being so helpful, Com has a couple of good ones too, I'm seeing his new one on the 11th

 

Zemanski

Edited June 29, 2006 by Zemanski

[LKS]

Zemanski can't think what to say about your RO except

[Tez]

So far no response from the LEA regarding my email. I was told by A's doctor that when she phoned the LEA to back me up last week she was told that it was under active consideration. Can't quite decide whether to chase it up or leave it, since it is yet more evidence for tribunal that our LEA offer the earth verbally but just don't back it up with the goods and that they are experts at playing the time game.