PinkSapphireAngel Report post Posted July 13, 2006 Thank you (and thanks for all pms guys too xxx) I have spent all morning copying the reports (untill printer ran out of ink lol) I have been reading through the last tribunals decision from when we won in March, this was part of their decision... "We have had regard to paragraphs 7:33 to 7:50 of the code of pratice and find that appropriate provision for meeting Luke's needs is likely to require resourses not normally available to mainstream schools and he may require a statement." I keep reading that to remind me we are not the only ones who see it when it gets me down as it really does. Quote Share this post Link to post Share on other sites
phasmid Report post Posted July 13, 2006 If you are going to home educate whilst this is sorted out DO NOT deregister him from school in the meantime. That, I'm afraid, allows the LEA to back off completely and blame you for the problem of getting observations etc sorted - they will use any excuse. Still go that route, but keep him registered as a pupil. If at all possible get him signed off sick (stress/nerves that sort of thing) that means after 15 (school/working) days he is entitled to some home tution support from the school. Quote Share this post Link to post Share on other sites
PinkSapphireAngel Report post Posted July 13, 2006 (edited) Thats the problem though, he does not have a secondary school place and is leaving primary school now! At the last tribunal they were furious that the LEA were not helping find a suitable place for him. Surely if I home school him they can still do obsevations, besides what further observations can they possibly need after taking the max time to do the statutory assessment? Oh I hate all this sooooo much!!! I have just managed to leave a message with an IPSEA Tribunal helper for them to call me back. Edited July 13, 2006 by PinkSapphireAngel Quote Share this post Link to post Share on other sites
Tez Report post Posted July 13, 2006 PSH The LEA have probably allocated a school so you can keep him on register there, especially if you manage to get him signed off sick and have no intention of sending him. If not they do have to find him a school place by law, it might not be one you want to send him to, but if he's not going does it matter? Phasmid phrased better what I was trying to say in my post. Quote Share this post Link to post Share on other sites
PinkSapphireAngel Report post Posted July 13, 2006 The school they allocated back in March (before tribunal) was an all boys school (as well as being the worst school for bullying and it is on Special Measures for over 4 years!) The ASD Outreach team and the senco at primary both wrote and told Lea this was not appropriate for Lukes needs (I sent the letter to LEA admissions when we refused the place) but LEA said they met their statutory duty by offering the place as it was the nearest with a space. Tribunal were furious but had no actual power to do anything other than question the LEA and advise them to reconsider. I am getting really worried now. Quote Share this post Link to post Share on other sites
Karen A Report post Posted July 14, 2006 (edited) It is certainly not you who has let Luke down.You have done everything you could have done .Don't start and feel it is your fault.Save the frustration for the LEA,etc where it belongs. <'> Karen Sorry this is a bit off the thread.A bit slow this am had not realised this frustrating saga has now moved on a page <'> Edited July 14, 2006 by Karen A Quote Share this post Link to post Share on other sites
PinkSapphireAngel Report post Posted July 14, 2006 I spoke to someone via Education Otherwise (home schooling site) for legal advice and the LEA are well known for all of what they are doing to us! Also she is a solicitor and said the LEA CANNOT use the fact Luke is not on a school register in September AT ALL!!! She did say what I already expect, that LEA will probably try to be spiteful in September and make a referal to Social Services but that if I cooperate and just talk to them they will see it as a "malicious referal" and no action. I know I am doing nothing wrong so have nothing to fear from them (although it is still scary of course) She also suggested that if I can get one of Lukes doctors/paediatricians etc to write that Luke cannot go to school (without the statement etc) because of his anxiety then it will be the LEAs job to provide education outside of school in September. I am still gutted we are having to do all this when it is obvious Luke needs this help NOW but we WILL get there! Quote Share this post Link to post Share on other sites
PinkSapphireAngel Report post Posted July 14, 2006 I made the mistake of posting looking for advice, support, I don't know on another parenting site and have been attacked and called a liar and horrible things said, I am so upset that anyone disbelieves me or thinks I am doing these things for wrong reasons, is that really how I come across? is that why this is happening to Luke? Quote Share this post Link to post Share on other sites
col Report post Posted July 14, 2006 WTF!! Don't tell me, the other board that we both go to?? Quote Share this post Link to post Share on other sites
PinkSapphireAngel Report post Posted July 14, 2006 WTF!! Don't tell me, the other board that we both go to?? Yes on the school aged children bit hun. Quote Share this post Link to post Share on other sites
marshmallow Report post Posted July 14, 2006 <'> <'> <'> PinkSapphireAngel, They are all experts are they? I don't know you but I want to support you. What would you get out of lying?? Take care <'> <'> <'> Quote Share this post Link to post Share on other sites
PinkSapphireAngel Report post Posted July 14, 2006 Exactly what I am asking them (its one person) who DOES think she is an expert for some reason Quote Share this post Link to post Share on other sites
CarerQuie Report post Posted July 14, 2006 Oh that's awful.Why would anyone want to make stuff up.Just living it day to day is bad enough and then when the LEA are deliberately obtuse,it just makes matters worse.Gggrrrrr.xx Quote Share this post Link to post Share on other sites
bramblebrae Report post Posted July 14, 2006 pm me the other board I wanna go shout at someone... helpful suggestions are one thing differences of opinion another but to just say your lying is well out of order... how dare she do that ...there is nothing to stop someone on the internet making up stories but maybe I'm thick I can't really think of a reason anyone would, not on these types of topics at least...she's out of her mind hun you just do not need that sending u loadsa hugs Lorraine Quote Share this post Link to post Share on other sites
UltraMum Report post Posted July 14, 2006 <'> <'> <'> PSA <'> <'> <'> Quote Share this post Link to post Share on other sites
CarerQuie Report post Posted July 14, 2006 Yes,I'd rather like to let rip,too.Please pm me with the details,too.xx Quote Share this post Link to post Share on other sites
Sallya Report post Posted July 14, 2006 I don't think you should. Whatever anyone else says, the guys from this forum shouldn't go and retaliate. Might give us a bad name. Sorry if that offends.... Quote Share this post Link to post Share on other sites
bramblebrae Report post Posted July 14, 2006 I don't think you should. Whatever anyone else says, the guys from this forum shouldn't go and retaliate. Might give us a bad name. Sorry if that offends.... mmh I get what u mean ..lets say support PSA not retaliate as such... Quote Share this post Link to post Share on other sites
CarerQuie Report post Posted July 14, 2006 That individual is very vindictive and bitter and nothing we say will convince her.There is also a special needs section;you might get a better response from there.xx Quote Share this post Link to post Share on other sites
phasmid Report post Posted July 14, 2006 (edited) Dear all, whilst having the utmost sympathy for PSA and the manner in which she has been questioned on this 'other forum' can we suggest that members here do what we do best when faced with such comments - ignore them. The mods Edited July 14, 2006 by phasmid Quote Share this post Link to post Share on other sites
bramblebrae Report post Posted July 14, 2006 PSA your full ...well your box is lol..I'll try pm later mods ..I respect your comments..but I trust my own judgement on wether to post on 'other forum' ie (it's not a slanging match- if it turns into one I'll leave as u suggest) or not I hope you can too thanks Lorraine Quote Share this post Link to post Share on other sites
CarerQuie Report post Posted July 15, 2006 I haven't actually posted under that thread on the other forum because the person has such a closed mind. We'll carry on supporting you from here,PSA.xx Quote Share this post Link to post Share on other sites
PinkSapphireAngel Report post Posted July 15, 2006 I just want to thank everyone here for your support, normally someone like that would just not bother me as I know it is just yet more ignorance and bitterness, but I think I am just overwhelmed with it all at the moment. You guys are the best and I know you all do understand what I am dealing with as you all live it too. Quote Share this post Link to post Share on other sites
col Report post Posted July 15, 2006 it just hit home as it was too soon after the low hit from the LEA. Quote Share this post Link to post Share on other sites
PinkSapphireAngel Report post Posted July 18, 2006 SENDIST recieved our appeal today (sent by Special Delivery yesterday, just cheched with Royal Mail track and trace and it was delivered this morning) So now we wait again to see if they will hear our case (Have 10 days to let us know) Quote Share this post Link to post Share on other sites
Tez Report post Posted July 18, 2006 Fingers crossed for you PSH. Quote Share this post Link to post Share on other sites
Karen A Report post Posted July 18, 2006 Thinking of you.You must feel you spend your life waiting.Karen. <'> <'> Quote Share this post Link to post Share on other sites
CarerQuie Report post Posted July 18, 2006 Hope they will listen.xx Quote Share this post Link to post Share on other sites
lisa Report post Posted July 18, 2006 PSA SENDIST will definitely hear your appeal. They had to order the LEA to assess and they wouldn't have done that if they didn't think Luke needed a statement. I also don't think when it does get to the tribunal hearing that the panel will be very happy with the way your LEA has behaved. Lisa x Quote Share this post Link to post Share on other sites
PinkSapphireAngel Report post Posted July 18, 2006 PSA SENDIST will definitely hear your appeal. They had to order the LEA to assess and they wouldn't have done that if they didn't think Luke needed a statement. I also don't think when it does get to the tribunal hearing that the panel will be very happy with the way your LEA has behaved. Lisa x Thanks for that Lisa, that's what I'm hoping too, they did say more than once in their reasons last time that they felt Luke was not making satisfactory progress at school action plus and that they were not confident his needs could be met by a mainstream school from their own provision without a statement, so fingers crossed. I did remind them on the form that we were successful at tribunal and gave the date so they can look it up themselves, I also plan to put their letter and reasons as part of our case statement when I come to write it. Quote Share this post Link to post Share on other sites
LKS Report post Posted July 18, 2006 PSA everything crossed for Sendist. What I can't really understand about the LEA is 1) Their criteria for stat. ass is obviously not legal as they have in the past refused to assess children with AS, dyslexia etc. You have shown them that they can't get away with this. 2) They consider AS to be a high incidence need therefore they do not fund the individual statements, funding comes out of the budgets already devolved to schools. Again this is probably not legal as they are not looking at the individual needs of the child. I thought I would share with you something that they added very sneakily to my ds's statement (when they told me all that was goin to change was the name of the school ready for secondary ) This was written by our SNO. When pupils reach secondary transfer stage we are obliged to put in the level of funding and stipulated hours. Some of the old statements do not have this. ***'s level of funding stipulates 2 and a half hours of teaching and 5 hours LSA. THIS IS A SET AMOUNT FOR COMMUNICATION DIFFICULTIES but can be used flexibly by the school. All new statements and amended statements must now show this funding paragraph. The junior school have used the funding to provide 15 hours of LSA and this has been put in the statement originally. When *** starts at secondary school this may change and they will review the support needed. I just wanted people to see what you are up against with the LEA. How can you have a set amount for communication difficulties. The word blanket comes to mind What the LEA are trying to do I think PSA is convince you that Lukes's needs will an can be met from the existing budget of a school, but they are not willing to consider where his needs will best be met. At least with a statement you can make your preferences known. Keep going mate Quote Share this post Link to post Share on other sites
col Report post Posted July 18, 2006 I would love to get hold of their paperwork when it comes to who get's what hours. How do they do it?? DD7 gets 12.5 hrs LSA and 2.5 hrs teaching (actually the teacher comes in for 1 hr) and it was weekly speech therapy. They say that it's quite high but i would love to see if it is or not for myself. Quote Share this post Link to post Share on other sites
PinkSapphireAngel Report post Posted July 19, 2006 Thing is LKS it was totally proved a t the tribunal in March that Lukes complex needs CANNOT be met at school action plus or by a mainstream schools own resorurces so the LEA are taking the pee by still trying to say this, they have very blatantly IGNORED some major points made in the assessment reports in order to down play his needs (they ignored the 4 years lack of progress documented by their own Ed Psyc and his reccomendation for SALT input and other points too.) I just hope this does not take forever, I know we will not get a hearing till after the hols but god knows when Quote Share this post Link to post Share on other sites
annie Report post Posted July 19, 2006 I really hope that this all gets sorted out, and fast. The LEA seem to disregard a lot of advice. I know that they did the same with us. The Ed. Physc. recommended SALT and OT, both were omitted from the Statement LKS - THIS IS A SET AMOUNT FOR COMMUNICATION DIFFICULTIES ..................Yet another little gem that IPSEA would be interested in, me thinks Quote Share this post Link to post Share on other sites
Karen A Report post Posted July 19, 2006 Re set amount of time for communication difficulties.I have a feeling that our LEA may have a similar system.I have nothing solid as this was not stated.LEA probably do not publicise it.Just picked up hints when we had the meating with LEA officer to discuss the draft statement.I wonder is this a new attempt to be creative in interpreting the code of practice.Has anyone else had a similar experience ?Perhaps it is a practice those of you who have been around here loads longer than me are alraedy familiar with ?I am just interested.We did ok with Ben's funding because I was able to show he had significant needs in several areas.However if there is a trend in allocating set amounts for eg social communication without reference to severity of difficulty I thought it worth raising so others know when they apply for an assessment.Karen Quote Share this post Link to post Share on other sites
PinkSapphireAngel Report post Posted July 24, 2006 SENDIST have registered our appeal so we will be going to tribunal, not sure when yet but as they don't have them during August it will be sometime around September I guess. Quote Share this post Link to post Share on other sites
CarerQuie Report post Posted July 24, 2006 Good.Please let us know when you hear of the date.xx Quote Share this post Link to post Share on other sites
marshmallow Report post Posted July 24, 2006 Good.Please let us know when you hear of the date.xx Yes, please do. <'> <'> <'> Thinking of you and hope you get it all sorted soon, its such a shame that people have to go what you've been through. Quote Share this post Link to post Share on other sites
Daisydot Report post Posted July 24, 2006 PSA you poor thing. Your LEA sounds just like mine ! Bet it starts with an H ? I can just imagine how devastated you feel. Why do LEAs put people through this hell ? Answer : money. Could you possibly afford a solicitor ? My boss (who is a headteacher) says LEAs listen and jump when the MP or a solicitor gets involved. I know its expensive, but it might just work if you can afford it. I had no idea a tribunal costs the LEA ?16,000. I hope its not going to cost me that, better start flogging the contents of my house on ebay ! Take care and try not to lose heart .... <'> <'> <'> Daisydot Quote Share this post Link to post Share on other sites
PinkSapphireAngel Report post Posted July 25, 2006 Worse than I thought, the letter says our hearing will take place sometime if the fortnight begining NOVEMBER 27TH!! Quote Share this post Link to post Share on other sites
