The Children And Families Bill 2013 – Are You Worried?

Worried about the child and family bill 2013? Well, if your child has SEN or a disability then you should be!

This is a post I’ve needed to write since I first read the published Children and Families Bill 2013 but ended up having so many questions flying around in my own head that I couldn’t find a way to relax enough to put them in to words (well, words that made sense anyway).

I have now been given the opportunity to head up to Westminster on Monday, to meet with the Minster Ed Timpson where I will be able to put those questions and opinions forward! So…I thought it would be a good idea to share them here with you guys first and also see if you had any opinions to add.

If you remember the post I wrote last year relating to the Green Paper you will know that back then I had already developed grave concerns relating to the proposed reforms relating the that of Special educational Needs (SEN). Now reading the Children and Families Bill it is only fair to say that those initial concerns have now been greatly heightened and with good cause too.

1: One of my major concerns surrounded that of the removal of school action/action plus. The green paper offered little indication on what was therefore being implemented to make things easier for those children without Statements/Education Health Care Plans [EHCP] to obtain appropriate support and services. Looking at the bill it seems that as I feared, “Nothing” is actually being put in place that will truly benefit the child who doesn’t fit the criteria for SEN. The Department Of Education (DFE) has stated that these children will have some degree of support through that of the “Local Offer” Though it should be noted that the bill as written states that the Local Authority (LA) are required to make information available relating to the education, health and social care services it “expects” to be available within its local area! This seems to hold no legal duty and therefore leaves these children in a somewhat similar situation than the one they are already in.

2: The Bill states that it has expanded the list of schools parents can request as a preference when naming the school in their child’s EHCP. This maybe so, but the fact the LA can still claim that for the child to attend the parents preferred school would be an inefficient use of resources, therefore meaning they wont name that school, actually means parents are in no way a better position than the one they are currently facing now! Well, I fail to see the difference.

3: At the start of the process the green paper promised a much quicker assessment process, with timescales being greatly reduced and parents not having to battle their way through the SEN System. However, the Bill fails to reflect this and actually fails to make known any sort of timescales for assessments, reassessments or appeals whatsoever.

4: The suggested requirement for parents to meet with LA officials before an application is made to tribunal is just pointless. It was first suggested that Mediation would become compulsory, meaning parents needed to take this route before applications for appeals to the tribunal were omitted. However, it was later agreed that this type of requirement was somewhat unfair, one making little if no sense! But then the the bill has stated the possibility of a meeting to discuss possible mediation etc is to be held before submitting an appeal to the tribunal! Come on… This will again make an already long process longer. If parents thought they could just pop down the LA and sort the whole mess out over a cuppa then don’t you think they would? No mother likes to endure the whole stressful notion of having to battle the LA at the tribunal, don’t you think we’d avoid it if we could. Again the whole lacking of timescales contributes here greatly. Why shouldn’t appeals be submitted at the first instance of it being denied. Its already known that it is only then that most LAs will actually start putting things into action and communicating with parents.

5: Another huge concern for me is the lack of information given on how the integration of the new EHCP will affect those children who currently have statements of SEN? Given a great deal of the law and SEN code will need to be rewritten to fit in with the new sen reforms how is this going to work with the statement! After all, if statements are going to be replaced this cant possibly be done by the time the new laws come into practice! With many of the laws that relate to those statements being written off, where is the legal protection to ensure the provision is still provided to the child who obtains that statements? Will statements be gradually phased out, scrapped and reproduced as EHCP as a result of annual reviews? What about those who have had annual reviews shortly before the legislation is made official? Will they hold a statement that offers no protection for a year? What happens when they are older will they receive the same protection if they remain in education? How will these new changes incorporate the social care side of things? Will those who have SALT on part 3 of their statement find that it then becomes a requirement of the health care system, no longer the duty of the LA to provide? A health care system that has no legal duty to provide it?

Which brings me to my next concern…

6: The lack of duty with the health sector. As it stands most of the areas which the LEA consider to be non educational are tossed over to part 5 of a child’s statement! I don’t think anybody from the health sector currently ever sees that part of little man’s statement or that of any other childs! Why? because they have no duty to provide any advised provisions, thats why! So, I guess I should be excited about the LAs joint commissioning with the health sector. Sadly I’ve already lost faith in this proposal.

The fact is that the LA have a duty to provide educational provision and regardless of joint commissioning it will stay that way! So, them “non” educational support needs will fall in the hands of the health sector right? With the guys at the LA actively communicating with those in the health sector things will now be hunky dory, right? Don’t be fooled! Their will be no legal requirements made of the health sector so basically… Nothing’s changed! Its just like having the non educational aspects of a statement tossed in part 5. The only difference is the health sector will know they are there, but in no way does this mean they will have to provide such services! What with waiting lists for a basic blood test on the rise and government funding cuts that have already had detrimental impacts on the NHS and related services, it looks like even more children will be left without the support they need to succeed. Yes, they made it sound so promising when talking about it all in the green paper, but in reality, it isn’t really that pretty no matter how much you dress it up!

As mentioned Little man receives SALT and OT which the LA tried its best to toss into part 5 of his statement. It took two independent assessments and reports, a pending tribunal case (that luckily didn’t make it to the hearing) for the LEA to throw the towel in. Which brings me to the issue of legal aid, if this ends up restricted then I guess children all over England and Wales are gonna be in huge trouble.

7: My next point to make is that of the funding issue. Again the bill has been very careful not to give many clues on the budgeting side of things. Delegations of school’s budgets for those children just outside the SEN scoop have not been discussed, and very little information on the individual funding of a child’s EHCP has been offered. Ok, so we know about the idea of personal budgets, yet the finer details are still up in the air. However, at this early stage my concerns currently surround the area of passing money to families and letting them go about it themselves. Ok, this way we know what our children are getting and we can hopefully obtain the services needed to cater for our child’s needs, but isn’t this just another way of removing the responsibility and the workload from the LA. I want to know how they are going to monitor the situation to ensure that the provision on the EHCP is being implemented? Will the parents be required to document spending of the budget having to knock up an annual spending report for the LAs records? I don’t know about you guys but I’m to busy being a mother and an advocate for all that!

8: Is this just another way to lower spends? Honestly this is a serious question, one that deeply worries me! How can we as a country struggling against a Recession with cuts already hitting children’s services the hardest, have faith that our children’s needs will be met this way. The bill is missing huge chunks of legalities that although haven’t been great have all the same protected us somewhat, giving us a case to fright for our children. With the bill being very unclear when it comes to appeals, timescales and a duty to provide services who can blame me for thinking that this isn’t a way to slowly help refill the governments penny jar. After all legal expenses are just that expensive so by removing many of the legal rights associated with the statement, less appeals can be lodged and the expenses decrease… Sad but logical!

9: Has anyone else noticed that the idea of a key worker, a single person to point us parents in the right direction, has suddenly been dropped from the bill. I’ve read many of the governments responses to the concerns raised, though I failed to uncover concerns relating to a family key worker! I therefore wonder why it suddenly disappeared without trace, especially considering it was one specific aspect of the green paper most of us parents applauded? Too expensive an idea maybe?

10: The EHCP is for those with SEN between the ages of 0-25 years. However, what most people fail to realise is that this is not exactly true! Its pretty clear from reading the bill that once your child/young person leaves education then the plan will crease. This actually makes sense, after all the only aspect anyone really plans to fulfil is those provisions given in the EHCP is that of the educational part of the plan. As mentioned the area of health and social care will have no legalities attached meaning it won’t be worth the paper its written on. It will be this part that your child will probably need most when leaving education, yet it seems that more assessments from social services to obtain the help needed to help young people with the transition into adult life may well require that of you having to fight for it… Again!

Thanks for reading my thoughts and opinions on the Bill. I actually have some strong views on the sections covering adoption and children in care and have decided to express them in a separate post which I’ll try and publish sometime over the next couple of days.

Now I would love to pick my readers brains a little and ask… “What would be the most important aspects of the bill you would want to raise with the Minster?” Please it would be great to hear your thoughts.

To access the Children and Families Bill and associated documents, click HERE

Compulsory Mediation – Good Idea?

So the draft legislation has been out a few weeks now and one of the biggest changes that has stood out most to me is that of Compulsory Mediation.

As things stand at the moment, A parent can lodge an appeal to the first tier tribunal as soon as the local education authority (LEA) has written to the parent setting out a child’s proposed provision in the form of a draft statement. If the parent doesn’t agree with the provision offered they then have the instant right to appeal. This is done by making an application to the first tier tribunal. In the meantime the parent can request that the LEA meet for Mediation which is conducted by an independent mediator. However, the appeal process is still well underway and most will find that this gives the LEA that much needed kick up the backside.

The draft legislation which has been written to assist the changes in SEN provision in the near future states…

… Mediation: This section applies where a child’s parent or young person intends to appeal to the First-tier Tribunal under section 28 in respect of anything done by a local authority, or the content of an EHC plan maintained by a local authority.
This section does not apply in respect of an appeal concerning only of

(a) the school or other institution named in an EHC plan;

(b) the type of school or other institution specified in an EHC plan;

(c) the fact that an EHC plan does not name a school or other institution.
The childís parent or young person must notify the authority of his or her intention to appeal.

The local authority must then arrange for mediation between it and the parent or young person.

The child’s parent or young person must take part in mediation under this section before making an appeal.

The authority must arrange for the mediation to be conducted by an independent person.

For the purposes of subsection (6), a person is not independent if he or she is employed by a local authority in England.

At the conclusion of the mediation, the mediator must issue a certificate to both the local authority and the parent or young person
(a) setting out what has been agreed by the parties (including any agreed time limits), or

(b) stating that no agreement has been reached.

The parent or young person may make the appeal only if

(a) no agreement has been reached, or
(b) the local authority does not act in accordance with what is set out under subsection (8)(a) before any agreed time limits expire.

Regulations may make provision about mediation under this section, in particular
(a) about giving notice;
(b) imposing time limits;
(c) enabling a local authority to take prescribed steps following the conclusion of the mediation;
(d) about circumstances in which mediation under this section is not necessary;
(e) about the circumstances in which the parties to mediation need not meet face-to-face during the mediation;
(f) about the consequences of failure to take part or properly take part in the mediation;
(g) about who may attend the mediation;
(h) where a childís parent is a party to the mediation, requiring the
mediator to take reasonable steps to ascertain the views of the child;
(i) about the provision of advocacy and other support services for the
parent or young person;
(j) requiring a local authority to pay the other partyís reasonable travel expenses and other expenses of a prescribed description, up to any prescribed limit;
(k) about the training, qualifications and experience of persons who may act as a mediator;
(l) requiring a parent or young person to take prescribed steps when appealing to the First-tier Tribunal under section 28 after mediation;
(m) requiring the First-tier Tribunal not to determine an appeal under section 28 if requirements imposed under this section have not been met.

Appeals which only concern the name of a school, college or other institution specified in the Education, Health and Care Plan or the type of school, college or institution specified in the Plan or the fact that the Plan does not name any school, college or other institution can be made without going to mediation. This is because the parent or young person will already have been able to request a particular school or institution in the further education sector, and had discussions with the local authority about which institution should be named on the Plan. Requiring mediation in these circumstances would involve repeating the same discussions. The clause gives the Secretary of State regulation-making powers concerning mediation as listed in the clause.

So, what does this mean exactly? Basically parents will not only have to agree to mediation but undergo it before lodging an appeal with the tribunal.

This seems somewhat odd to me. There is no mention of tribunal timescales which will need to be adjusted to fit the proposed changes. The only timescales mentioned are those agreed during mediation.

Worryingly, from what I have read this new legislation will only make the appeals process longer than it currently is which in all honest is already far too long! I understand that we need to reduce the number of appeals reaching the tribunal but this should only be due to the fact more children are getting their needs met and therefore no longer require the help of a judicial decision to ensure it happens.

Let’s be honest here! For most parents it’s only the lodging of the appeal that makes the LEA that little bit more active when it comes to communicating with parents! Most parents will request mediation but the majority of LEAs will take forever to respond. I understand that the legislation states the LEA must arrange this but as mentioned there is no mention on just how long they have to do so.

The draft legislation also states that the Mediator must be independent (not work for the LEA)! This is already meant to be the case and most mediators work for independent charities. However, it’s my experience that most parents feel bullied by the LEA even with a mediator present. The majority of SEN case workers come armed with a legal representive for the LEA as well as half the council. Most parents can’t afford to do the same and it’s often the case that only one parent can attend.

It was my understanding that the proposed changes to SEN were being put in place to not only help the child but lower the stresses put on parents. The Government should be confident enough that the proposed changes are enough to reduce the number of cases being brought to tribunal. Compulsory mediation is just another hurdle a parent must overcome before getting their case heard by a tribunal.

Why not state that LEAs and parents must take part in mediation before the case is heard by the tribunal. Stating the parent has to overcome all these hurdles before even lodging an appeal is nothing other than barbaric. It just seems like another way of putting parents off.

I’ve read the entire draft and there are a number of areas that concern me. Nonetheless there is only so much writing I can do tonight!

So, are you a parent of a child with SEN? Have you ever undergone mediation with the LEA? Have you ever take the LEA to the tribunal? What do you think of the proposed legistation in regards to mediation?

Check out the draft legislation here

Special School – Don’t write it off!

As a parent of a child diagnosed with Aspergers Syndrome and special educational needs, I’ve been through the whole tiresome, wearisome battle to obtain a statement of Special educational needs (SEN) that states ALL of my child’s needs, as-well as providing the appropriate resources needed to meet such needs.

I’ve faced the whole mind-boggling experience associated with searching for an appropriate education setting, somewhere with the right resources to cope with what has been described as my child’s “Complex Needs”

I’ve embarked on the deliberating decision, when it comes down to the choice between Mainstream or Special School.

After many battles for, assessments, a statement, an amended statement & the almighty fight to obtain the right school placement, we finally found ourselves here!

Though it was far from easy, Little man now attends an independent day special school, especially for those children on the autism spectrum, catering for children through their primary and secondary education!

There is no words I can use to describe, how having your child’s needs finally met changes life for that of yourself, child and immediate family! When you finally secure that placement, having engaged in many years of consistent fighting for what only seems a child’s most basic right!

Three years ago, you would have likely heard me stating, “Mainstream schooling was the only form of schooling my child would be attending!” Admittedly, like most parents of children with autism or SEN, today, I was ill-informed, completely clueless if you like, to how special school’s actually operated! Well, why would I be any the wiser, I’d never even seen inside the doors of a special school, in all honesty, I guess I kind of collaborated the little I did know (well, what I thought I knew) to that of what I’d been told, the not so great opinions of others! This of course did nothing other than help produce an image within ones mind, resembling something far from accurate!

My opinion was my own, through it was sadly built upon that of ignorance! I’d naively thought that by attending a mainstream school, my child would learn the rules of socially acceptable behaviour, his “typical” peers would somehow be his social skill trainers, without even knowing the importance of their job, they would actively model how society expects one to perform in life.

Surly special schools could only pull my child under, corrupt his delicate evolving mind, somehow lowering his own expectations of what he could possibly do if truly desired! Those around him would swamp him, drowned him in their world, lower functioning children would draw out his more noticeable “autistic traits” he would somehow feed from them, becoming more and more aloof with each passing day.

Would he become more autistic than he possibly was, mimicking the social behaviour of peers? Would this actually lead my child to become a child who required little if no encouragement, staff assuming he was a lost course? Would it just be expected of him to achieve lower marks than he was typically capable of? Would he therefore never be pushed to display his full potential? Then there was the consistency the overly well organised routines, would this make my child more rigid, therefore more demandingly challenging with a total lack of flexibility within the home?

Right then, at that time, the possibilities, even if conceived from ignorance and lack of informed information, made special school not an option! My ill-informed mind was made up!

Nonetheless, 3 years ago, I wouldn’t have been given the option, regardless of whether he needed it or not! You see, this isn’t how it works, though within time, I came to understand this!

It wasn’t at least till 2-years ago,that mainstream school finally admitted that there were indeed problems (and lots of them)! Little man had gone from the active school refuser,the aloof quite child, to one who could not follow the simplest of tasks. He became far more challenging what with sensory triggers and a string of misconceptions. He was no longer able to contain his evolving desire for peer interaction, though he regrettably fell at every hurdle in his quest to achieve it.

Those that did befriend him, did so as to lead him into troubled waters, always getting him to play the clown while laughing uncontrollably when he got into trouble.

Misconceptions and mixed messages lead to constant exclusions, removal of life’s simple pleasures, privileges such as trips and playtimes.He found himself being taught in isolation, removed from what he knew, despite not being able to fully understand it anyway!

When Little man began stating he wanted to be normal, while bashing his head senseless against a wall, choice no longer had a degree of influence within this heartbreaking situation! Basically I needed him out! Unable to let this situation continue, I removed him from the school!

We filed a claim for discrimination on the grounds he was being treated differently as a result of his Aspergers Syndrome as-well as the fact no reasonable adjustments were being made! The school finally held it’s hands up, just days before the tribunal hearing I had been dreading.

By this point in time, an absolute turn around had occurred! The LEA no longer ignorantly refused to carry out a salutatory assessment of little man’s special educational needs! By this point I’d started training, learning the English Education Act, including those very important sections addressing special educational needs. What’s more I’d also obtain a solicitor (it was one thing helping others to get their child’s needs met, yet my own child’s education was in such a state, the solicitor could only but help)! The addition of letters devised by a solicitor did help to move things along, yes, I’m sure of this! Plus thanks to the appointed solicitor, Little man had now undergone independent OT, SALT and EP assessments, all of which greatly differed from those findings given by the LEA. This was all well and good, yet the discovery of the extent of his OT needs and possible additional conditions discovered by his EP, did cause me to draw one or two tears, before jumping back up into fighting mode!

Little man was no longer being home schooled and I’d managed to get the LEA to provide 5 hours a day of 1-2-1 tuition by a tutor at the local library! This was something that continued for almost 8 months!

A statement was finally produced, though it was better suited to a no frills range at the local supermarket. Parts 2 and 3 failed to include little if any real needs or any resources needed to meet such needs. The LEA were now frantically searching for a stat special school, non in which were even willing to meet him (with the exception of one)! I received daily letters through my letterbox from numerous school’s all stating the same, ” Sorry, we feel that we do not have the resources to meet ******** complex needs”

I’d come around to the prospect of a special school, gone were the days of ignorance, I’d now learnt that there were schools for both MLD and SLD as well as specialist schools catering for children with Autism spectrum conditions. I embraced the prospect of a school that had small classroom numbers, teachers who understood my child’s needs, such great things began to excite me. Given the last few years of hell, that mainstream school had brought us, my views had changed more than a little!

I could now be found saying

“My child will never attend a mainstream school again, not over my dead body!”

Now, this remark was not based on ill-informed opinions, underlying ignorance, but one made from experience, and not a good one at that!

With the discovery of Baston House, Independent Special School for those children holding a diagnosis of autism or aspergers syndrome, which was founded by the lovely Anna Kennedy (activist and a mother of two boys on the spectrum) I had to investigate and check the place out!

The school caters for both primary and secondary children, when visiting there was a handful of pupils but just meeting them along with the staff it become very clear that this was the place Little man needed to be!

I wasn’t under the illusion that it was an easy process, after all this was an independent school. However, with the LEA struggling to find a state school by the tribunal date, they gave up, no longer opposing any of my requested amendments.

This meant that not only did they now amend the statement to include all the recommendations of the independent assessors, making this the largest statement I’ve seen, I received some much sought after news.

Of course these amendments included part 4 of the statement! Baston house school was finally named, and I felt something I’d never felt possible, the up most relief and excitement that my child would now spend his school days in his new SPECIAL SCHOOL!

It’s been around 9 or more months now and we are currently approaching his annual review meeting! He will also move up to the secondary department which is within the same school, making this a less stressful transition.

Life now is a lot different! There are less phone calls from upset angry teachers, not one exclusion *madly touches wood* Amazingly little man has also risen 7 (YES, 7) sub levels in reading (in little over a few terms)! Ok, he still doesn’t sleep much and can’t help to have a supermarket meltdown, but his happier, that much, I’m sure off.

So, has special school caused him to regress? No, it’s actually the best decision I’ve ever made for my son, making the hardest and most emotional grating fight of my life, all now seem worth it! Seriously I wouldn’t change a thing!

So, if like me, you rejected the prospect of a special school, then remember this post! Do what you think is right! My advice… follow your heart, it will show you where to go, there is a school for every child, whether it’s mainstream, special or even at home, you’ve just got to find it!

Related articles

• Mainstreaming special needs children; re-looking at the recent New Zealand controversy (autismandoughtisms.wordpress.com)
• Little man’s special school put Orchard toys to the test (aspergersinfo.wordpress.com)
• Mainstream And Special Needs Schools (growingupautistic.wordpress.com)

My contribution to the world of SEN

A while back I came up with the idea of creating a number of information sheets, that contained information for parents regarding special educational needs (SEN). These would be first published on the blog with the option of a download via my, ‘Goggle Doc’s’. 

 Like always, I took this plan and laid it out bear, for all members of my facebook page to see! This was in the hope of gaining constructive feedback, and establishing just how many people within one group may benefit from such information! The feedback has been overwhelming, with all that responded requesting I push on a head as many are at their wit’s end.

 Bearing in-mind the, ‘Green paper’ and the impact it would have on the way an LEA statemented a child, I was unsure whether It would now be a waste of time to go ahead with such an idea. However, given the response and the fact I’m still seeing a mass of parents visiting the, ‘Boy with Asperger’s facebook page’ on a daily basis, all with the same concerns, relating to the SEN system, especially that of the statementing process, (how it works and what rights they have). I decided to go ahead! 

 Of course these documents will need a complete overhaul, once the new system comes into play, but for now, they may be very beneficial to somebody who is about to, or otherwise already on, the Special educational needs roller-coaster.

 It’s a big old jungle out there, meaning there is a huge amount of information you will require! So… this is how if decided to deliver it!

I will create three sections, these will be… section one,‘Understanding Special educational needs’ (requests, assessments, decisions). Section two, ‘Tribunal, the right to appeal’. Section three, ‘Preparation and the hearing’. Section four, ‘Maintaining a statement of SEN’(annual review, requests & decisions) Section five, ‘Disability discrimination’

 Now you know what Sections will be covered, here’s what each will contain!

 Section one, ‘Understanding Special education needs’ (request, assessments and decisions):

1. Introduction to Special educational needs (SEN)
2. Stages of SEN & Is my child receiving the right support
3. Request for a, ‘Statutory Assessment’
4. Decision to make a, ‘Statutory Assessment’ (Process & time-scales involved in carry out an assessment)
5. Decision to Statement (Delivered in three sections 1) The proposed statement, 2) Parental choice (type of school, including a break down of options) 3) The final statement.

Section two: ‘Tribunal, the right to appeal’

1. A refusal to carry out a statutory assessment
2. A refusal to issue a statement
3. Appealing the contents of a first Statement (including the school named in part 4)
4. Appealing the contents of an amended statement
5. A refusal to amend following a statutory reassessment 
6. A refusal to change the school named in part 4 of a statement
7. An LEA’s decision not to amend a statement of SEN following an annual review
8. An LEA’s Decision to cease to maintain a statement

Section Three: ‘Preparation and the hearing and decisions ’

1. Mediation 
2. Witnesses 
3. Working documents
4. Representation
5. The hearing
6. The decision

Section four: ‘Maintaining a statement’ (annual reviews, requests and decisions)

1. The LEA’s duty to deliver the contents of a statement (required steps if duty is not delivered)
2. The right to request the school named in a child’s statement 
3. Requesting a Reassessment of your child’s special educational needs
4. The Annual Review process (Including information on an interim review)
5. The Annual Review Year 9
6. Annual Review Year 10

Section five: Disability discrimination

1. Admissions
2. Every child’s right to education
3. School trips and education & additional activities (including playtimes, assembles, after school activities)
4. Unofficial exclusions
5. Exclusions
6. Alternative education
7. Permanent exclusion
8. Raising complaints
9. Claiming Disability discrimination and the Law!
10. The order of the tribunal

 Each section will come with useful links and contacts. Section one, (a) will be posted on Monday the 12 th September. This post will be copied and added to the SEN, Know how! Page (This page will list all the post already published, providing a link for easy allocation). This means you will be able to locate your desired section and its content whenever you require it. It’s a challenge to bring you, my readers, all of the above. But those that know me, even in cyber-space, will know, I love a challenge!

My plan is to cover all the above, depending on how fast I can do so, is yet to be seen. Remember the laws and procedures applying  to Special educational needs are all gearing up for a change (I will adapt this as need be, in-order to fit in with the new Education, health and Social care plans as of when it arises). As for how often I can publish each section and what it contains is random. I’m not prepared to tie myself to a certain day of the week, for one, this would be far to many weeks and at times I may decided to write two at once, or three a week, other weeks, I may have no time to write non at all. SEN is a complicated process, you really do need to be in the right frame of mind to get this out there. You should also remember I haven’t personally been through every single one of the listed above. However, I have been through many, and have read and studied a great deal in the subject. 

 Disclaimer: The information provided, has no bearing on my role as a tribunal adviser with NAS, and the advice provided is given on an independent level through my own choice to help others dealing with the listed issues and is created to form an additional feature to this blog and my facebook support page. Each post will contain a link that enables you to download as a fact-sheet via Goggle Docs. Copyright still remains the same! No one should copy or republish the information without given credit to the author and providing a Link back. If you require the use of this informational for anything but personal reasons, full permission must be sought. Please do not edit any of the wording in any of the post or the downloaded documents (these are provided for personal use only)!

What doesn’t kill us makes us stronger!

Image via Wikipedia

Warning, the picture of the loo roll indicates the amount of crap mentioned within this one post! Seriously continue reading and you will see!

So, the return to school is upon us, we hit the high Street for uniform, stock the fridge with packed lunch, try to re-establish the already crap bedtime routine and pray the kids will get up in the mornings.

I’ve never had the privilege of looking forward to the kids returning to the land of learning so that I, ‘Mummy’ can over indulge on cbebbies with little H. I always kinda preferred the holidays over the term times, and never acquired that feeling that many do, “I can’t wait for these kids to return to school in September!” When the Little man was in his old school he was normally excluded within a few hours of returning. My daughter has no problems in school, but then again she isn’t expected just to fit in! That’s right, my daughter doesn’t have Aspergers syndrome which means she is welcomed on school trips and is given a part in the Christmas play. I don’t need to wipe her tears and try to find the answers as to why she isn’t allowed to join in with her peers or why she is being taught in isolation as opposed to in the class-room alongside her peers. Its simple… My daughter has not been discriminated against for being “different” she’s one of the lucky one’s!

Little man wasn’t, he sadly went through all the above and more, that was in-till he moved to a school especially for those with autism and aspergers. He only started the independent special school a month prior to the school holidays, yet in that short space of time, things were amazingly different, so much so, I cannot find the appropriate words to describe this situation any better. Normally by this time of the month dread has started to set in. I find myself becoming depressed with what’s to come, a pool of sick lay deep in  my stomach waiting to be stirred! Yes, I’ve done all that rubbish of trying to remain positive, “LOOK AT ME I’M SO POSITIVE, I MAYBE SMILING LIKE A CHESHIRE CAT ON THE OUTSIDE BUT GOD I’M HOWLING ON THE INSIDE”. When you have been crapped on as many times as we have its pretty hard not to lose all hope.

That’s why it’s strange, I haven’t got that feeling of dread, that deep Pit of sickness in the bottom of my stomach. Don’t get me wrong I’m thankful it’s gone yet I don’t know what to replace it with? “God at times I make so little sense, I struggle to understand myself” Surely I replace it with nothing, isn’t this the overall beauty of it, the beauty of no worries? It’s been so long that I’m totally lost when it comes to being free from such dread, seriously, to many I’m I may even sound as though I’m missing the drama! Well, I’m not, I promise you that! 

It’s not just the removal of the dread surrounding the return to school, it’s all of it, the whole stinking lot of it! You see, you spend so long fighting, it becomes a normality! You don’t see light at the end of the tunnel, it takes over your life… the daily calls to collect your child, the letters you write, appeals and representations you make on their behalf. You give it all you have, wishing for an end, a break from the grilling daily fight, then your hard work pays off! Your child gets into that special school, yet when they do… the massive hit of relieve you waited for doesn’t bowl you over quite like you expected it too. Instead you find that you have gone into some kind of shock, you’re unable to settle and adjust because I guess you’re waiting for someone to take it all away.

I know we are not completely home, safe and dry, (can you every be when your child has special educational need, living amongst a system obsessed with saving money regardless of how its achieved). Yes, anything can happen! Yet this is the same with everything in life, meaning taking each day as it comes, enjoying everyday that don’t bring with it a pile of stinking poop.

Friday, last week I got that bit of paper I’ve worked so dam bloody hard to get. Yes, It has been placed in my hands previous, only to be given straight back with the words, “Stick it where the sun don’t shine” attached to both Little man’s proposed and final statements of Special educational needs.

Gosh, I was fast becoming an expert on the use of fluffy wording that gave the LEA a, “Get out of jail free card” 

Excepting such an insult would make the whole deliberating experience to that point, completely and utterly worthless. 

Believe me, having a statement that states nothing other then good old fashioned common sense, was not the kind of statement that would see my child’s special educational needs met. I had constantly heard that it was my duty as a parent to ensure my child’s attendance at school during the height of Little man’s school refusal! So, wasn’t it my duty as his parent to ensure that when he did get there he was happy, cared for, involved, treated respectful, made to fill his contribution to the school along with his individual opinions were valued?

Such question pushed me to where we are today, where I was last Friday!

It had been pretty quite for some time (I hadn’t heard a peep out of the LEA) Little man may have already gain the place we so furiously fought for, yet his statement still remained a sheet of paper not even worthy as bog roll! For this reason the tribunal was still scheduled for the 26th of September.

It remained in the hands of the Gods (well, at times I’m sure they think they are)! Three independent reports, detailing a wealth of information! These were reports so detailed and lengthily that I myself discovered thinks about my child causing me to both cry and smile. The whole tiresome experience of trying to get your child a statement of SEN sends your head spinning in a total mass of emotions.

I opened the email from my solicitor and read how she had received the copy of a proposed amended statement, that was sent to me (Well, I’m still waiting) However not to freight, with the request for a forward the solicitor sent me a copy via email that I so eagerly downloaded and with bated breathe, I opened the attachment! 

There in black and white was every amendment requested, no corners cut, no compromising! Was the LEA all out of compromises? Were they beginning to have enough of the battle, just as I had done all so long ago? Surely they weren’t providing my little man with the ultimate gift available to them… A package of provision to unsure my sons needs where met, like he so greatly deserved, like you or I?

YES, YES, BLOODY YES…….

I looked over in his direction and let out a yelp, followed by a, “WE DID IT BABY!”

He smiles, high five’s me then sits down to continue his game. He was happy for his mum was happy, however he could not fully understand the extent of relieve that the battle being fought was finally over! He had no clue to what might have been!

And do you know what? That was just the way I liked it!

I never want to fight a fight like this again, yet I know that there will be times I will need to fight my sons corner, whether it relates to his educational or social needs, well, as for the remainder of his childhood anyway! (I’m pretty sure he will be somewhat of a great advocate for himself when his older!)

For now I’ll try my hardest to adjust back into a life of normality (what ever that maybe)! I’ll take each day as it comes, enjoying every school performance that both my children take part in. I’ll roll about in the comfort that he now feels that he belongs .

I’ll channel my desire to help others in that same position, into my work as a voluntary tribunal support adviser, I’ll spend more them on my blog indulging my passion to write and throw myself back into my passion for art!

I’ll discover, learn and watch my new interest in photography evolve 

I wont miss a single moment of my toddlers amazing milestones!

I’ll just try my best to be me again

Only a much improved vision

I can officially confirm

“What doesn’t kill us can only make us stronger!”

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Blink and I’ll sleep for a week!

Life right now is nothing short of manic. There’s simply no other word to describe it!

April has been one incredibly overwhelming month and we are just past the half-way mark.

I feel I’ve been put through my paces and had every emotion in my body put to the test. Some days I’ve been in fighting mode, others I’ve been so exhausted I’ve just wanted to crawl into my bed, hide away from the world while indulging in some longed for sleep. 

With each passing day I’m one step closer to hearing my little man’s fate, and no matter how much I try to prepare myself, I somehow feel that we’re hanging from a cliff top ready to drop!

Little man currently has no school placement for the whole of our borough and those that boarder us have taken one look at my sons papers & decided that they don’t have a placement available or lack the resources needed in-order to meet his level of need. 

Each day his left without a school is one day closer to him never going back! This shameful situation has ultimately made him regress, causing his social skills to decrease, and his dislike towards school to heighten. My ten year old son is now so anxious at the prospect that he will one day be expected to step foot in side a school along side other children that he will now require a tremendous amount of support when that day comes!

Whoever said that children on the higher end of the autism spectrum, have less complex needs were delusional! 

Just because my son has a reasonably good vocabulary and met most of his milestones doesn’t make his needs any less complex. However I don’t need to go into that, I don’t have to try and prove such a fact anymore, the system finally took note, it just did so a little later then needed!

This past year or so, my family has been left dangling from a string, I often ask god when that string will break.  April has come around so quickly, this time last year we were at the beginning of the tribunal process. However this wasn’t a special educational needs appeal but sadly a disability discrimination case! At that time and for a significant time thereafter, Little man endured so much. Fixed term exclusions that subsequently occurred one after another, removal from nearly every school activity, including educational outings, school plays, Christmas assemblies , etc. He has been illegally excluded and subjected to long spurts of isolation (received 1-to-1 teaching, just him and a teaching assistant in what was known as the den), he would only attend from nine till twelfth, and was made to play in the infant playground with children of a much younger age. My little man was classified as a potential health and safety risk that was a threat to children and staff! Can you imagine how that impacted on a little boys self-esteem! In December 2010 I eventually made one of the best decisions I’ve ever made for my son, ‘ to remove him from the educational setting that was impacting hugely on his mental well-being!’  As a parent I could not stand by while he was subjected to such treatment. 

During the beginning of October 2010 at the height of the discrimination the local education authority (LEA) finally agreed to undertake a statutory assessment of Little Man’s Special educational needs that he so desperately needed! In all honesty this couldn’t have come at a more convenient time! I was quickly running out of ideas and needed my child in an educational setting with staff equipped to meet his needs. 

Believe me, I was under no illusions that this was now plain sailing… some may say I’m somewhat a pessimist but as I’ve stated once maybe twice before that I prefer the term ‘REALIST!’ And as expected the LEA didn’t wanna play fair!

In January 2011 I received the proposed statement of special educational needs but instead of providing a statement that held the potentiality to see him progress, I instead received a proposed statement that provided nothing more then, ‘GOOD OLD COMMON SENSE!’ This statement was made final in March and delivered with a covering letter explaining that the statement had only been finalised to meet time-scales and would be amended to include my suggested amendments…. YES, I’M STILL WAITING!

In February 2011 just a few days before the disability discrimination hearing we eventually came to a settlement that saw his ‘old’ primary school review its policies, train staff in disability discrimination and a formal apology was given to myself and of course little man. 

Little man is currently being educated in a library on a 1-to-1 part-time basis by a tutor his now overly attached to.

Why? Because no ‘special school‘ will offer him a place.

On the 3rd of June our appeal against parts 2, 3 and 4 of little man’s statement will be heard by the SEN first tier tribunal. I will need to prove that the one school I’ve found that can possibly meet his needs, an ‘independent special school’ should be named in part 4 of his statement. I will also need to prove that part 2 does not list all his difficulties and that part three needs amending as to provide the right provision needed for him to succeed, such as… 1-to-1 support from a learning support assistant or at least a teaching assistant, as-well as occupational (OT) and speech and language (SALT) therapy.

 

I’m thankful for the fact that I’m a trained tribunal support adviser and volunteer caseworker for the NAS. This has obviously given me a greater understanding of the SEN law and tribunal process, nevertheless emotionally it’s no easier! I’m still a parent who has had to watch her child regress. Of course I feel a certain amount of anger towards this horrid system that has allowed such a situation as ours to reach this point (let’s not forget that I’m a mother who has been taken to court twice over her child’s school attendance, no one wanting to investigate the underlying issue nor listen when I pleaded for someone/anyone to help! I guess to some prosecution was the more appealing option) However it’s this past resentment that keeps me fighting and empowers me to help others who are walking the path I’ve walked!

So here we are now in April 2011 and as mentioned it’s been incredibility pressing. I’ve had a Birthday that saw me turn twenty-nine, I’ve been busy with my volunteering duties and contracted Pneumonia which I’m only just beginning to get over! I’ve been preparing Little Man’s appeal while also going a tad insane as a result of the Easter holidays & if this wasn’t enough… MY HOUSE LOOKS LIKE IT BLEW UP!

Despite all the above there is something else that has happened these past few weeks in-which I consider to be far more significant then anything I’ve already addressed! Its something that happened within me, a realisation if you like! I’ve had my eyes opened and although I knew Little man hand significant complex needs that admittedly have been made somewhat worse due to his lack of a suitable education, I’ve got to see his difficulties and what scale these are impacting on many areas of his life. The proof that without early intervention, an understanding environment and the right support, the effect on the child with Aspergers can be detrimental. 

On the 4th and 15th of April Little man underwent two independent assessment. One was carried out at our home by a fantastic independent psychologist (EP) who had her work cut out for her, commenting right from the start that Little man was a hard child to assess! The second assessment was carried out in central London just off Harley St, but this time by an independent speech and Language therapist (SALT) who again was a pleasure to met. Both assessments were carried out for the purpose of the tribunal. I needed independent assessments in order to gain reports detailing Little mans current difficulties and suggested provision to be added to part 2 and three of his statement.

On the 4th of April I sat and watched him struggle to cope with the assessment process that was carried out by the EP, his concentration was noticeably low and he found it near on impossible to focus on anything he was given! His anxiety levels were scoring. The Ep worked so hard with him and after four long hours she managed to gather enough information to write her report. 

On Friday we hit Central London for Little mans SALT assessment but even in a different setting from the home Little man found it hard to participate. With much persistence and an offer of a chocolate egg from the therapist we eventually got some off the testing done. I had of course realised that an SALT programme would be needed, but sat there listening to him try to make sentences with the inclusion of a word given by the therapist while looking at a picture in a book. It proved that despite his vocalness, his ability to put what he sees into words is somewhat a struggle for him. His literal understanding was also very apparent on the day!

Both therapists mentioned the possibility of an underlying condition which of course was ADHD and the EP is also pretty sure his dyslexic ( however she was in agreement that his mathematical skills are great) It was also recommended by both that little man undergoes an independent occupational therapy assessment (OT) due to concerns with both his fine and gross motor skills. I’ve also stated with certain task Little Man is like an elephant playing football.

After the SALT assessment we spent the day indulging in Little mans special interest (transport) Visiting London land marks by train, tube and bus. We visited Greenwich market where Little man met a magician which bowled him over before spotting a vintage model bus which after a little begging I reluctantly brought him. We hung out at the O2, visited Canary Wholf (that he didn’t enjoy and got the message across by bending his body into a ball and screaming that the tallest building in London was falling on-top off him! Well, that’s a post for another day) We also took the clipper (fast river boat) along the River Thames. He had such a blast and he smiled almost the entire day, with not one meltdown in sight!

 As I sat on the Dock-lands light rail (Yes we commuted on many types of transport that day!) I watched him shuffle awkwardly when another child sat by. He was obvious to the battle that lie head and maybe it was better that way!   

picture of  Little Man and Mr Magic

My little man, is just that little! His a ten year old boy and it’s not to late to give him what he needs! I hope that the professionals within the LEA and those employed by such a service read this and realise the effects their decisions, treatment and all to often delays have on the child and their family as a whole. Yes it’s your job, but this is mine, “to see that my child gets what he needs, is given the same opportunities as his peers and gets the adequate education he and so many others like him are entitled to” 

“Yep, you may not like it ‘LEA’ but this mothers on a mission!!”

MASSIVE THANK YOU TO EVERYONE WHO HAS NOMINATED THE BLOG FOR A MAD 2011 BLOG AWARD. THE BLOG HAS BEEN NOMINATED IN NOT ONE BUT FOUR CATEGORIES!

SO SENDING YOU ALL A MASSIVE VIRTUAL HUG FROM MYSELF AND THE LITTLE MAN TO SAY THANK YOU, YOUR TRUELY THE MOST WONDERFUL READERS!

If you enjoy reading the blog, ‘A boy with Asperger’s’ then how about nominating us for a Mad 2011 blog award. I’m nominated in the categories most inspiring blog, best blog writer, best family blog and blogger of the year. Please visit the Mads and help me and the little man grab ourselves a fantastic award. I’m secretly  hoping to reach the final in the most inspiring category 🙂 To help me get that little bit closer click the image below. Stage 1 requires you to nominate a blogger of the year (Full ULR required… aspergersinfo.wordpress.com if you fancy  nominating me for that) Then stage two list all 15 categories, just scroll down to ‘Most inspiring blog” and enter the full url ‘aspergersinfo.wordpress.com’ Feel free to nominate the blog in as many categories you see fit… ‘I’m cheeky but keen!’

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