Home Tuition

[Tez]

Looking for a little bit of advice on how to handle getting my son's home tuition organised without rocking any boats. He's been off school since April on medical grounds (this is not in dispute) and still hasn't had any home tuition. I know that legally after 15days it was the LEAs responsibility to provide this.

 

I have seen the letters sent by both the school and CAHMS to the Education Welfare office requesting that they arrange this. The Deputy Head of Inclusion and Access at the LEA also said that he would chase things up and ensure that it was in place for when we return from our holiday.

 

So there is no dispute that my son is entitled to this home tuition. However, to date nothing has been organised and I want the arrangements in place before I go away on holiday so that the tuition can start as soon as we return home. I have tried contacting people by phone but get no response. I've emailed and got no response.

 

I don't really want to get heavy and start quoting the law because the LEA have just agreed to assess and at the moment seem to be working with us. So has anyone any suggestions as to how I can get them to commit to some times and dates by tomorrow PM without rocking the boat. I have thought about doing it through a third party - Parent Partnership but at the moment they are very elusive as well.

Edited September 8, 2005 by Tez

[loulou]

Hi Tez,

 

Having been in a similar situation myself, i would suggest you contact the Educational Welfare Officer if you haven't already done so (or tried to). It is their pesponsibility to ensure all children receive an education and they are also pretty powerful.

 

Good luck and enjoy your holiday,

 

Loulou x

[Tez]

Hi Loulou,

 

I have spoken to Educational Welfare and I've spoken to them again this morning. All the letters requesting home tuition have been sent to the Head of EWO and have been responded to by her. I can't get to speak to her and she doesn't return any of my calls. I have spoken to others in the office who have no knowledge of the case and who tell me that home tuition is not dealt with by them but by the Inspectorate at the LEA. Have phoned the LEA inspectorate and they say no it is the EWO.

 

I'm just going around in circles which is why I'm thinking a third party might be the best option if only I could get hold of Parent Partnership.

Edited September 8, 2005 by Tez

[nellie]

Tez,

 

I can understand you not wanting to upset the applecart at this delicate stage, but I don't consider writing a letter to the Director of Education, quoting your legal rights and copying to all parties, upsetting the applecart. You have done all you can and they have not carried out what they said they would. In my experience it's the people who follow procedures that are most likely to get what they are entitled to. In a sense you employ these people, you pay your rates you are only asking for what is your legal right.

 

Whatever you decide to do, I hope you get it sorted out. Have a great holiday and don't pack your worries, they will keep 'till you get back.

 

Nellie xx

[bid]

Hi Tez,

 

We had to 'encourage' our LEA over home tuition.

 

In our LEA, it is run by a department called 'Hospital and Home Education'.

 

We were waiting to hear if we had got a Stat Ass, and we still made a formal complaint...it didn't seem to affect the statementing process, and if anything may have helped as we also got our local councillor (also the local mayor ) involved, so the LEA knew we meant business!

 

I would go for it!

 

Bid

[annie]

Hi Tez,

 

I don't know if you've managed to get hold of anybody yet but in our LEA it comes under Pupil Support Teaching Services. It's only another variation of what Bid's department is called. I think they try to confuse us, no doubt no 2 LEAs have the same name for it

 

Annie

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[Tez]

Thanks everyone.

It seems like I'm going to have to "encourage" my LEA to provide the home tuition as well. I have now established that although as Annie says the actual provision is provided by Home and Hospital they have to have official referral paperwork through from the EWO before they can proceed.

 

The Inclusion and Access team have contacted Home and Hospital and they are aware that they will need to provide home tuition but haven't been supplied with the necessary paperwork from EWO and so can't proceed ( Beaurcracy gone mad). The Inclusion and Access team can't do any more since A is not yet statemented and the EWO won't speak to me. So looks like another letter of complaint going in and that he won't have tuition in place for when we come back off holiday by which time he will have been off school for 5 months.

 

Trouble is although the legal frameworks in place the LEA know that there is very little you can do to enforce the law and whatever measures you take it will be months before you succeed.

Edited September 8, 2005 by Tez

[bid]

Hi again!

 

I quoted all the relevant legislation in our formal complaint, and pointed out that the LEA had failed on every point

 

In our experience, they will prevaricate forever...with us, it took 6 weeks to organise an inter-agency meeting to discuss what sort of home tuition my son would need...because various professionals couldn't co-ordinate dates, didn't reply, etc, etc...

 

In the end, he came out of school mid-May, complete with GP and two consultants' letters declaring him unfit on medical grounds...and his home tuition finally started when the new school year began in the September!

 

To be fair, he loved his two home tutors, who were great with him.

 

Bid

[annie]

Hi Tez,

 

I've just spoken to my Parent Partnership because I seemed to think that this is what happened to us before.

 

Anyway, I know you are having trouble getting hold of your Parent Partnership, but PARENT PARTNERSHIP CAN refer your son for home tuition, sorry not shouting by doing capitals I've just had it confirmed by PP.

 

Annie

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[Tez]

Thanks Annie that's interesting. I have managed to speak to parent partnershio this morning and they are going to try speaking to EWO and ring me back this afternoon so this is really useful information should they not have achieved anything.

 

 

It's also really interesting what you find out by speaking to these people. I mentioned that a statutory assessment had been agreed to but that I hadn't received any cwritten confirmation. I was asked who had told me and when I mentioned the name of the Named Officer there was an ominous silence. So I asked if I was just being wounded up. Well, nooooooo... not necessarily but I understood she was off on maternity leave , are you sure? Yes, quite sure.

 

OK being abit unsettled I phone the LEA and ask to speak to said Named Officer. Turns out she is due on maternity leave from 15th September but is currently not working. So....who did I speak to and why did they pass themselves off as someone else.

 

Anyway, asked to speak to Deputy Head of Inclusion and Access who confirms that they will be carrying out a Statutory Assessment on A and that the paperwork will be sent out Monday because all admin assistants are off till then. A's case is being passed over to the Assistant Deputy Head of Inclusion and Access who will be our Named Officer. So why haven't I been told and why name someone who was never going to be available to do the job?

 

Think I need that holiday or perhaps it's happy pills I need!!!!!

[annie]

Tez,

 

It's frightening what we have to deal with, and when we eventually get a statement we're supposed to be really grateful, ready for the loony bin more like

 

Now that's out of my system

 

Let us know how you get on this afternoon with PP. I'd lean on them a bit, I know you will anyway

 

Hopefully, now your Named Officer has changed it might help too.

 

How about holiday, happy pills and a few stiff drinks, not together though

 

Annie

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[helenl53]

Tez,

 

Keep good records, and confirmation letters to the LEA e.g. - send a quick email or letter confirming your conversation with PP this am and whoever you spoke to at LEA. Refer to telecon and what was agreed/imparted to you. They then have the opportunity to dispute what was said (or not).

 

I am meticulous about following up telecons with email or letter - it has come in very handy My GP told me to do this because he knows the system and he said that telecons and meetings can mysteriously, never have taken place

 

You will also have this as evidence when you take your complaint to the Dfes, who contrary to popular belief, must follow up your complaints where the LEA are breaking the law - and since September 2002 it has become the responsibility of the LEA to provide the equivalent of Full Time Education for those children who are out of school at the end of the 15 days. For the avoidance of doubt, I think the full time equivalent is 25.5 hours per week!

 

In our Borough, there are not the resources to provide this - naughty naughty - I have asked our LEA why they do not bring in independent tutors if they have a shortage of employed tutors. At the end of the day - the provision should be there for your child and the LEA must provide it - keep pushing.

 

Best wishes

 

HelenL

[Tez]

Can someone provide me with a link to the relevant legislation. The LEA is now saying that the 15 day rule only applies to exclusions not to children off sick, they have no responsibility to children off sick. A meeting needs to be arranged between all parties and agencies involved before they can agree to any form of home tuition and since I am going on holiday for 3 weeks it is my fault that process is now being delayed!!!!!!!

 

No mention of all the time that has elapsed between April and now. I have semityped my letter of complaint to the Director of Education but need the relevant legislation to quote.

 

Edited to say i've found the Acces to Education leaflet that stipulates this but it doesn't quote the Act - can anyone point me in the right direction

Edited September 8, 2005 by Tez

[nellie]

Tez,

 

Try looking here, I haven't had time to check it.

 

http://www.dfes.gov.uk/sickchildren/Pdfs/A...toEducation.pdf

[Tez]

I've emailed a formal complaint to the LEA's Director of Education and given him till midday tomorrow to contact me with the date my son's home tuition will start and telling him I expect it to be the 5th October the day after we return.

 

Wish me luck.

[annie]

Hi Tez,

 

I've not long got back in, but just seen the last few posts.

 

It sounds like your LEA are like ours. They don't seem to think that they are ever going to be caught out.

 

Good for you, writing a letter of complaint, they have to answer you.

 

I know it's frustrating (to put it mildly), but I think you've put them in a position now that they can't wriggle out of

 

The link that Nellie gave was brilliant.

 

Annie

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[helenl53]

Much respect to Nellie - The Wise One

[Tez]

I did consider sending him into school tomorrow and telling him to do whatever is necessary to get himself expelled. Then we could go off on our holiday for 3 weeks and come back to the home tuition in place.

 

Unfortunately or fortunately, I don't think A has it in him to be naughty enough to get himself permanently or even temprarily excluded.

[helenl53]

No Tez - since September 2002 A has been entitled to Education Other than at School (I think this is what they call the service).

 

Chances are all of this will have to wait until you come back - but have a good holiday and gather your strength and reserves and be ready to ask questions when you come back and perhaps a lot of butt kicking

 

You may need to come back and get the Dfes to wake up to this one and get involved.

 

Try not to be too impatient - work on the probabability that nothing is going to resolve itself for the moment.

 

Best wishes

 

HelenL

 

PS - how is A sleeping?

[helenl53]

Just as another ingredient - even if A was excluded, I think you would find that he would still not get his entitlement !!!!! They just do not resource this service and parents do not know their childs rights and so it doesn't come to light very often.

 

I have asked our LEA how many children are getting this entitlement - their answer - deadly silence!!!!!!!!!

 

Best wishes

 

HelenL

[bid]

Tez,

 

The 15 day rule does apply to sick children!!

 

I quote from Nellie's link...

 

'All pupils should continue to have access to as much education as their medical condition allows so that they...keep up with their studies....

 

LEAs should ensure that: Pupils are not at home without access to education for more than 15 working days. Pupils...have access to education...so far as possible from day one...'

 

Just how low will LEAs stoop??

 

Don't let them get away with this!!

 

Good luck, and keep fighting!

 

Bid

[Tez]

Thanks again everyone.

 

Helen A has slept much better the last few days. Not perfect but much better.

 

This is the complaint I sent to the Director of Education earlier today. If I don't get a response I'll email the Dfes before I go away, I can't afford to sit around A was supposed to start his GCSEs this week and as so much is based on course work I don't want to put him to the added pressure of catching up.

 

Formal complaint

 

 

I am writing as the parent of A who is a pupil at x. I am extremely concerned that despite being absent from school on health grounds since April this year the LEA have failed to provide him with any education otherwise than at school.

 

I understand that under Section 19 of the Education Act 1996 �Each local education authority shall make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.�

 

I further understand as detailed in the Access to Education guidance that any LEA should ensure that a pupil is not at home without access to teaching for more than 15 working days.

 

Clearly x LEA have failed on both these points and as such are in breach of the law.

 

The guidance also clearly states that there should be clear lines of communication so that all concerned know who is responsible for identifying pupil?s needs and how to activate the relevant services quickly. Parents are informed about whom to contact to request the provision of education otherwise than at school.

 

I have spent the best part of this morning going round various LEA departments trying to find out exactly who is responsible for providing this service. Most of your staff seem to believe that the 15 day rule only applies if a child has been excluded, perhaps you could undertake to re-educate them.

 

I have eventually discovered that the matter was referred to x on 27th June by the Education Welfare Office and is currently sitting on x?s desk. I am informed that nothing will be arranged until there is a multiagency meeting and since I am going away on Saturday until 4th October this will not take place until mid October. This is not acceptable. You are in breach of the law.

 

Please contact me by tomorrow midday at the latest to tell me when my child?s home tuition will start and how it will be arranged. I expect it to start on or shortly after the 5th October. I do not expect decisions to be made in my absence, I expect to be fully consulted and inforemed.There can be no excuse for this sort of delay.

 

My phone number is

[Kathryn]

Hi Tez,

 

This is ridiculous that they are dragging their feet over this. I hope you get somewhere with your complaint.

 

Strangely enough given all the other trouble we've had, our Home and Hospital together with the school were relatively efficient at getting tuition in place, although not within the statutory 15 days, I have to say.

 

Good luck

 

K

[Tez]

Well, the LEA didn't come back to me, no surprises there then so I phoned and spoke to the Director of Education's Secretary. Apparently, yes, they have received my complaint but his Secretary says he hasn't seen it because it has been passed to the Council's complaint department to be dealt with and no they can't do anything about arranging my son's home tuition neither will that be the purpose or the outcome of the enquiry which may take upto 10 weeks.

 

I've phoned IPSEA, and Claire, my contact is going to look at my paperwork and put together another letter for me to send when I return. She says that she might have to ask John Wright to write to the LEA for me.

[helenl53]

Hi Tez,

 

Ipsea are the right ones to be involved in this as they are taking issue with the Dfes over their failure to police LEA's so this may all slot neatly into this.

 

Have a good holiday.

 

Best wishes

 

HelenL

[Tez]

Hi All,

 

Just a quick update. Got back from holiday yesterday, very jet lagged, to find that the school, the Education Welfare Office and the woman responsible for organising home tuition had been bouncing letters between themselves demanding extra information from each other before they would even consider providing A with any home tuition. The letters from the Home and Hospital Department being full of factual inaccuracies.

 

After a couple of phone calls to the school and the Home and Hospital department I realised that they weren't going to budge and that unless something drastic happens A is not going to get any home tuition in the forseeable future.

 

My next step was to phone the LEA to ask why I had not had a response to my formal complaint that I lodged with them on the 8th September. At first they denied that they had ever received it. Funny.... because I had proof of receipt and also had confirmed back to them in writing details of a telephone conversation I'd had with them following their receipt of it.

 

A couple of hours later they phoned back... yes, they could confirm that they had indeed received it but hadn't logged it as a complaint because they didn't realise it was one.... funny, it was headed up in big bold letters VERY URGENT FORMAL COMPLAINT. So what exactly had they done about it......nothing. Did I now want them to log it as a formal complaint? Well, obviously the answer was yes and I now have the reference number.

 

I was asked what did I want to achieve as a result of complaining about their unacceptable delay in providing a service. I answered receipt of that service. They said that my desire to still receive that service would be noted and passed on to the appropriate department but would not be dealt with as part of the complaint's procedure.

 

They tell me they now have 10 working days to respond to me. If I don't like their answer I can ask them to look at their decision again and they have a further 10 days to respond. If I still don't agree I can ask that the complaint be investigated outside the Education Department and they have a further 10 days to respond.

 

What about my son's home tuition, which he is entitled to by law? Well, they don't know about that the guidance notes that I quoted are new to them and they think I may have misread them, they have no obligation to educate a child who's off school sick and I've now been given work by the school for him to do at home....well. yes, but how's he supposed to be able to do the work if he's not taught....do we automatically know how to recognise and answer a question that requires you to use quadratic equations?

 

My IPSEA contact said she'd try and help me sort it when I got back from holiday, so now I need to dig out all the paperwork and email her with it so she can advise on my next step. Anyone else got any ideas on how to budge them into providing the home tuition without a long drawn out legal case that will ultimately be heared too late to provide any help to my son.

 

Holiday...what holiday, it's forgotton already my musclea are so tense I feel really uncomfortable. Is it a deliberate ploy by LEAs or are they just incompetent?

Edited October 5, 2005 by Tez

[bid]

So sorry to hear all this, Tez <'>

 

My only idea now would be to contact an SEN solicitor

 

All I can say is that both my son and Kathryn's daughter received home tuition on medical grounds, from the same LEA...so it is being provided by some LEAs.

 

Good luck

 

Bid

[Kathryn]

Hi Tez and welcome back <'>

 

What Bid said.

 

It's unbelievable that they are still dragging their feet here! I hope you get some joy from your IPSEA rep, if not maybe a solicitor's letter would concentrate their minds?

 

Three way buck - passing, this is a sport we have become very familiar with in the past year.

 

I hope your son had a good holiday and is not being affected too much by all this.

 

K

[streamdreams]

Thanks Annie that's interesting. I have managed to speak to parent partnershio this morning and they are going to try speaking to EWO and ring me back this afternoon so this is really useful information should they not have achieved anything.

 

 

It's also really interesting what you find out by speaking to these people. I mentioned that a statutory assessment had been agreed to but that I hadn't received any cwritten confirmation. I was asked who had told me and when I mentioned the name of the Named Officer there was an ominous silence. So I asked if I was just being wounded up. Well, nooooooo... not necessarily but I understood she was off on maternity leave , are you sure? Yes, quite sure.

 

OK being abit unsettled I phone the LEA and ask to speak to said Named Officer. Turns out she is due on maternity leave from 15th September but is currently not working. So....who did I speak to and why did they pass themselves off as someone else.

 

Anyway, asked to speak to Deputy Head of Inclusion and Access who confirms that they will be carrying out a Statutory Assessment on A and that the paperwork will be sent out Monday because all admin assistants are off till then. A's case is being passed over to the Assistant Deputy Head of Inclusion and Access who will be our Named Officer. So why haven't I been told and why name someone who was never going to be available to do the job?

 

Think I need that holiday or perhaps it's happy pills I need!!!!!

Yes but you can sue for damages after and HS in the mean time, ther is alread a presadant for with a dyslexic girl. problem i can remember the site where i saw it

 

Julian

[phasmid]

I think you have been more than patient with them. You have given them every chance to deal with this without 'getting heavy' about it. Theny you have quoted the relevent sections of Ed law at them and they still haven't pulled their collective fingers out. They are taking the p*ss!

 

Time to cut the LEA out of the loop. You need to contact the DfES and speak to their inclusion/ education otherwise people and demand something is done. Quote them the same sections of law that you quoted your LEA. Demand that they get the LEA to deal with this as matter of the utmost urgency. Point out you made a formal complaint by e-mail and their reaction to it. It was quite clear to me it was a complaint so it should have been clear to them...they're stalling!

 

Time to turn the heat up on them!The following link should point you in the right direction:

 

who's who in the dfes - from the VERY TOP

 

I would say to start with Tom Jeffery and/or Peter Hudson.

 

Kick bum! Good luck.

[Tez]

Thanks All,

 

Phasmid I contacted the Dfes this morning and asked for advice on how to get my LEA to comply with the law. They asked a few questions regarding the circumstances and course of events and have told me to write directly to Ruth Kelly since she is in the best position to police the LEA and they agree that what has occured is completely unacceptable. So the complaint has been sent.

 

Then.... the post arrived and the "Home and Hospital Service" have reviewed their position and are now "happy to arrange for home teaching to commence for 6 hours per week." So it looks like I've won, albeit rather belatedly. Not sure how Ruth Kelly will view my complaint now though, but she should be aware of how the Education system is failing our children despite laws being in place to protect them.

[bid]

Glad you've got the home ed, and well done for writing to Ruth Kelly...lets hope she asks some awkward questions at your LEA!

 

Bid

[annie]

Phew..........at last

 

I hope Ruth Kelly starts to wake up to the fact that while she's busying herself in trying to gain brownie points with other issues, SEN children's education is being abused by the very people who are supposed to be there to help them.........I think I need a cuppa

 

Streamdreams - The case is on the IPSEA site. It is my LEA and the school that I had to take my son out of. There is also mention of some unprofessional and inappropriate comments made by the physc. at the time, this was the same man who we were first referred to with our son about our concerns - his advice to us, "I know what you're gonna say and it's all cr*p".

 

I think I need a lie down

 

Annie

XX

[Mother in Need]

Tez, sorry to read about your struggle.

 

Isn't it interesting how they suddenly realised you're there...

 

Are 6 hours of tuiton per week enough to compensate for the 25.5 hours kids in school get? My eldest is preparing for his GCSEs and although extremely bright there is no way he could do all that masses of work in only 6 hours.... I would keep the fight up and make sure you get the full provision you should get.

[Helen]

Tez,

 

I'm happy to hear that your son is finally getting some support, well done

[Tez]

Isn't it interesting how they suddenly realised you're there... 

 

I find it all quite ironic given the governments current initiative regarding "lost" children (lost to the education system) and truancy. If we dare to step out of line they're down on us like a ton of bricks but they think it's ok for them to do whatever they like.

[phasmid]

Well done Tez, it looks like your dogged persistance has paid off. Well done for contacting the DfES. I am, however, dismayed that their reaction was 'write to Ruth Kelly'. Especialy when they acknowledge that your LEA were in thw wrong. Their response ought to have been to get on to them and kick their backsides - and ###### hard!

 

I would follow your initial letter to Ruth Kelly explaining that although (finally - and after a lot of time and effort from you) the situation 'appears' to have been resolved (the proof of that will be when it starts!!!) you are disgusted (etc) with what it has taken to get to this point. Ask her if she is happy to allow an LEA to be in clear breach of their LEGAL obligations with regard to providing education to sick children. I'd then ask her what action she will be taking to address this so you won't ever be forced into the position of having to contact her over this matter again. With a bit of luck she WILL sit up and take notice and respond. I BET she WILL if you drop 'legal action' and compensation into the letter.

 

You have been treated very shabbily by your LEA and in all honesty they deserve a rollocking from the very top boss. It would be nice to see her actually do something concrete for once!

[Tez]

Phasmid,

 

I was wondering what to do regarding my complaint to Ruth Kelly and I think your suggestion is a good one. I will do it.

 

Thank you

[Tez]

The wheels of government move very slowly but would appear that my LEA have had a telling off. Just received the following response to my complaint to the DfES, seems that SM has been telling a few twisted versions of the truth but I'm sure the DfES can see that.

 

Dear Terrie,

 

Thank you for your email of 6 October 2005 to the Secretary of State, enclosing emails to x Borough Council of 4 October and 8 September respectively about your son A and his ongoing absence from school on medical grounds. The Secretary of State's office have asked that I provide you with a response, as I work within the special educational needs (SEN) Operations Team that has responsibility for the CB area. Please accept my apologies for not replying sooner.

 

I was very sorry to read about A's difficulties whilst at school, and can certainly appreciate your obvious concern to ensure that he receives an appropriate education, which can best meet his needs during the time that he is not within an established educational setting. In light of the points that your email raised, I contacted the Education Welfare Service at x to ascertain the latest position.

 

SM of the Home Teaching Service at x has informed me that following a period of negotiation after your return from holiday on 4 October, A is currently in receipt of six hours home tuition a week covering GCSE English, Maths and Science. I understand that you agreed to this arrangement following discussion with S on 7 October. Throughout my exchanges with the LEA and EWS, I would like to assure you that I made clear the legal duties upon the Council under Section 19 of the Education Act 1996 to make arrangements for A to be provided with suitable full-time or part-time education at school or otherwise. The Act says that such arrangements must be made for children, who by reason of exclusion or illness, would not receive education unless such arrangements were made.

 

In light of these developments there appears no further grounds of action for the Department at present, however I hope that my slight intervention has proved beneficial. May I take this opportunity to wish A every success in his GCSE subjects.

 

 

 

Yours sincerely

[annie]

 

Hopefully, your LEA will realise that they can't keep wriggling out of their responsibilities AND lying.

 

Well done Tez

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