Told not to bring DS back to school; now no school place. What are my friend's rights?

[crimplene]

I've agreed to go to a meeting to support a friend tomorrow. It's with a teacher (not clear about her role)

She enrolled her DS in the school his older brother attends in Sept. After 10 days they told her to take him away; the following month she got a dx of autism and then nothing - he's been at home since. He's now 4.5 and has no school place. It seems to be a crap school that just don't want the hassle of taking him, or sorting anything else out for him and they could get away with telling her to take him away.

She wants him in school (not picky about which, just in school), but the people she's spoken to are exploiting her lack of English. My understanding is that they're obliged to be educating him - but who does the buck stop with? They've told her not to apply for a statement (!) so I'm writing the letter for her to sign and send to the LEA.

Could someone give me a quick overview of her rights at this point? My DS is so much younger, and I need the ammo to stick up for her properly.

[colditz]

If you could help her contqact her health visitor, that would be a very good place to start. Is she in the catchment area?

i think you should go to the child's paediatrician, as he/she will know what to do.

[Saggarmakersbottomknocker]

So have they accepted him into the school and now excluded him?

My understanding is that the Local Authority has to offer him a place in school. They may try to put it off until he's compulsory school age which is the term after he is 5 but I'm not sure that they can. (? someone may correct me} You could call Admissions at the local authority and they will tell you which schools have space if she doesn't want to push for this particular school.

This site Ipsea has loads of information about Education and Special Needs.

[crimplene]

Yes that's what I want to know. Cam they refuse to educate him until compulsory school age?

[Saggarmakersbottomknocker]

I think they can but I would call the Local Authority and ask them that question. There is a helpline on the Ipsea site but it's very difficult to get through.

You could have a look here

[crimplene]

Update: It all want very well - lots of sensible people turned out to be there, but not the Ed Psych who it seems is the source of the problem (only she had the power to initiate a statement, she was refusing, my friend didn't understand enough about what was happening).

He was booted out of a nursery dept, not the main school and although it's bad practice they've got away with it. It's shattered his confidence and he's still putting on his uniform every morning and wanting to go in with his brother . The teacher turned out to be a really great specialist support teacher and had already done a hard selling job on the child to get him into a decent nursery by promising them support from a brilliant HLTA.

The nursery agreed to take him until the end of the year and extra funding has been found to support him. I wrote the letter there and then to get the statementing process started - none but the Ed Psych is allowed to do it or tell the parent that she should do it - but they all desperately wanted him statemented, as they admitted once I started writing.

Cups of tea, smiles all round, child getting proper provision. Result!

[Saggarmakersbottomknocker]

Well done Crimp

[peanutbear]

Very well done

[flyingmum]

The parent has a right to ask the LEA for a statutary assessment. To get the statement, particularly if the LEA Ed pysch is not playing ball, your friend may need to pay for a private ed psych assessment - but don't do this yet. The LEA may refuse to do a statutory assessment at which point you have recourse to SENDIST tribunal and you start polishing your guns.

For more info contact IPSEA or SOS!SEN or the NAS advocacy service. It may be worth also contacting the LEA SEN team to see what SEN special school provision there is in the area.

LEAS are very anti statementing because it costs them money. A statement is a legal, binding document and ensures the financial provision for that child. So they try to wriggle out of it by doing their utmost. Much relies on a parent with SEN children being 1.educated so they can cut through the jargon, read between the lines and understand the bloody papers they send through and how to best answer the forms from hell: 2. being pushy 3. Presenting well (being ever so helpful nicey nicey but not standing for any crap. 4. Having an iron will - LEAs now will try to break you if they can. 5. Having some money - you might have to have private assemssments

Good luck. Definately enlist the support of one of the three groups mentioned.