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

DLA and Aspergers Syndrome

It’s been a difficult couple of weeks. I’m tired and moody, everything and anything seems to set me off!

There has been so much on my mind, an overload of worry that I can’t seem to shift. It’s not like I’ve had any less sleep than I usually would! Plus there has been no real big dramas (well, nothing out the ordinary that is)!

However, there is one thing I guess I can blame for my sudden decrease in mood…. The filling out of the DLA (Disability Living Allowance) form. Seriously it’s enough to make the happiest and most energetic of a person, feel depressed and lethargic! It’s a headache… A big fat headache.

I was first faced with this form back in 2008 when my son started attending CAMHS. I wasn’t sure it was right to claim it, but our doctor stated we should as Little Man was more than entitled to the benefit so why leave it to those that wasn’t! I actually cant imagine how we would now manage without it, it makes up a big part of our income.

I remember the thud when the postman shoved it through the letterbox… It hit the floor and the house shook. The form is just outrageously lengthy and anybody else who has ever needed to fill it out will know what I’m talking about! It’s just so barbaric when you have to answer the same question over and over and over again!

We were lucky as we didn’t need to appeal anything, there was no wrong decisions! Our claim went through the system accordingly and it was one battle we didn’t need to fight.

Just like in 2008 I’ve been faced with the stress of having to fill it out again! And how it hasn’t changed much at all.

Little man’s claim is up for renewal and filling out the form is something I’ve tried putting off for months. Not only do you get that classic wrist ache and dead fingers, but it’s very likely that you’ll slowly be driven insane. The frustration as you read out a question only to see that it’s the same as the one you answered 2 questions ago, only its been rephrased and categorised under a different area of care! Some of them questions you’ll need to read over and over again, just to understand it within your own head, because surly they don’t think that your child’s difficulties are that black and white! As a result you find yourself needing to use the space set out at the end of each section. You know the one… “Use this space if you wish to explain why you have given the answers you have within this section… Blah… Blah… Blah!” When your child is on the autism spectrum you find yourself filling out every single one of those boxes. Then there’s the space at the end of the form designated for “Anything else you think we should know?” plus you end up writing an extra two A4 sheets of paper with all that stuff you think they should know! Stuff you think will help your child’s claim success.

There is no possible way you can complete such a form in a day, not if you have a life anyway. You’re this child’s carer and the time required to fill in such a form just isn’t logical. This time round we have the official diagnosis. We’ve been through the statementing process and have seen a whole host of specialist. This therefore means we have acquired a good deal of paperwork, paperwork that the DLA would like you to send in with your form.

I hate paperwork and find myself requesting everything in digital form. I was then stressing at the prospect of having to print it all out to send it to them. Not only would this be disastrous for a good number of trees but would also cost me a small fortune to send. Thankfully they have allowed me to send it to them via email which makes the process much more simplistic.

The hours spent filling in the DLA form were not jolly, they highlight just how difficult life can be for your child which in itself is a difficult reality for any parent to face.

If your filling out the DLA form for the first time, I’d advise that you don’t rush into it. There are many online sites designed to help with the process and you might want to contact the national autistic society for some advice. Their online site has lots of useful information that is designed to help you fill out the form or appeal against a DLA decision.

Help Susanna Walk Appeal

Some of you may remember the review myself and the children did a while back on the fabulous restaurant ‘Frankie & Bennys’

We loved it, rated it highly and have been back a number of times since.

Then yesterday I received an email about a very special appeal called “Help Susanna Walk” which Frankie and Bennys are supporting.

The appeal really touched my heart and I just had to make my lovely readers aware of it and see if any of you could possibly help this beautiful little girl who wants nothing more than to be able to walk independently.

A waiter who works at the Frankie & Benny’s restaurant in Widnes has a beautiful five-year-old daughter called Susanna who suffers from Cerebral Palsy.

The waiter and his wife are desperately trying to raise money to send Susanna to Missouri in the US for a life changing operation that will enable her to walk unaided. Missouri is the only place she can have surgery urgently – in the UK there is a 2 year waiting list which would mean Susanna would miss her window of opportunity to have it done as she will then be too old to qualify ( I know it sucks).

The operation has a 100% success rate. The family have so far raised £15K but it’s been a struggle and there is a long way to go as they need £60,000 in total.

Frankie & Bennys is determined to raise the money by the end of July 2012 and have promised that this beautiful little girl will walk properly like all of her friends. Frankie & Benny’s is embarking on a nationwide fundraising weekend on Saturday 30th June/Sunday 1st July in every single one of their restaurants where they will donate £3.95 from every child’s meal purchased as well as many other specific fundraising activities for each individual venue.

How you can help

Frankie and Benny’s is a fabulous restaurant and you can feel that you’ve contributed just by enjoying a meal with the children on the specified dates as £3.95 from each of kids meal purchased on this date will go directly to Susanna’s appeal.

If you can’t visit you’re nearest restaurant on either of the two dates and you would like to help Susanna walk then you still can. Just visit the “Help Susanna Walk Just Giving Page” which has been set up as a place people can donate. You can give as much or as little as you can.

What the money raised would do

The money raised will pay for Susanna and her family to travel to and from the States for the operation itself. It will also provide accommodation for the family for a month following Susanna’s operation and further intensive physiotherapy. Money raised will pay for further treatment and aftercare on her return to the UK and hopefully enough will be raise to also provide Susanna with some equipment to aid her speedy recovery.

Susanna only has a short amount of time left whereby she qualifies for this operation, hence the need for immediate action. By raising this money now, Susanna will hopefully have the operation in September and be recovering well by Christmas this year. Just think how amazing it will be for us all to think we have played a part in ensuring it happens.

For more information about Susanna and her family, you can visit the links below:

The Help Susanna Walk Website

The St Helens Star Website

The St Helens Star News Page

Disclaimer: This is not a sponsored post and I haven’t been paid to write this, I have done so to try and help raise awareness for the appeal and to help get little Susanna walking.

Special Educational Needs-Getting Started With Statements

 I remember all to well what its like to come up against the system when you haven’t even got the slightest clue what the words “Statement” and “SEN” mean.

 I had to wise up fast, and I did! I learnt everything that needed to be learnt, because I knew I needed to for my child to get where he is now.

 Once I had wised up, I stated advising parents on their tribunal rights on a voluntary basis which is extremely rewarding. Yes, it was hard to learn education law as it applies to special educational needs but its given me great satisfaction.

 This is why I was keen to read the new parent to parent hand book,

 “Special Educational Needs, Getting Started with Statements” By, ‘Tania Tirraoro’ a mother to two autistic boys from Farnham Surrey.

 Tania’s aim is to help other parents navigate their way through the educational needs jungle.

 I’ve been a follower of Tania’s for the past 2-3 years, as like myself she writes her own blog and started around the same time as myself back in 2008. Some of you may all ready know of Tania’s work from her site “Special educational needs jungle” which I have always found to be a valuably resource for parents whom have children that are not only on the autism spectrum, but those of children with special educational needs (SEN) .

 Tania’s book is availably as an Ebook as well as a published paperback.

 THE MAIN STRUCTURE OF THE BOOK

What’s particularly difficult when trying to explain the statementing process to another in way of written content, is the need to keep it simple (well, as simple as it can be when advising on a complex process such as SEN). Its my opinion that Tania has done this extremely well! She has broken up the procedure into sections and remained on topic within each area. I feel that many books and sites that are explaining the statementing procedure tend to wonder off course, making the reader quite confused.

 The forward within the book is by Maria Hutching’s SEN Campaigner and former parliamentary candidate who hand bagged Tony Blair during the 2005 election over the closure of special schools.

 Maria states how she only wished she had a book like this one when fighting for her own children’s education.

 This is followed by an introduction and then a description on what “Statementing” actually is. Parents who are new to the statementing process, should read this chapter in order to fully understand the book further. Tania has done a great job explaining what a statement is and why your child may require one! Readers are then introduced to some resources such as the ‘SEN Code of practice’ and the Education act, before reading a detailed chapter headed “Getting Prepared”

 The book then explains the who procedure in detail from start to finish, supplying real example from successful applications with the injection of relevant quotes from the ‘SEN Code Of Practice’ (Cop)

 Tania really does cover every step in great detail and is sure to warn parents that they shouldn’t expect an easy ride. Regardless of this fact, Tania is always sure to follow up on a positive, the book is extremely motivating, empowering parents to go with their instincts and not give up. The fact that the writer has been through the process and came out the other-side having got what her boys need to succeed in education, is truly uplifting and inspiring for the reader. I feel the use of material from successful applications was also extremely beneficial as well as uplifting and helpful. There was some great common examples were a case seemed a little doomed, yet succeeded. This shows parents that although the LEA do have these big fancy solicitors, that sadly most cant afford, they can still do it, on their own.

 This is very true as nobody knows our child better then us, the parent! I like the very honest and direct approach Tania has provide, there is no sugar coating, she doesn’t state it’s a walk in the park, which helps the parent/reader become fully prepared for what may lay ahead!

It is my belief that this is what parents need, the whole package, of what can happen, the good but also the not so good.

 Other helpful subjects Tania covered was of course the

I liked that Tania went a little deeper by covering the issue of relationships (between parents and school/sencos [special educational needs co-ordinator]) She explains why the break down of these relationships can  make it that bit more difficult when going through the process.

 One of the most impressive sections of the book for me, had to be the statementing checklist, that has made some excellent points. Like Tania states many parents feel their child’s needs are evident! This simply isn’t the case and parent needs to know this. I feel it is very common for a parent to assume that a diagnosis will automatically entitle their child to everything else. Parents are often shocked when they discover this isn’t the way in which it works.

 Tania covers everything from the writing of the application for statutory assessment; the refusal of that application; the application to appeal; the agreement to assess, the stages of the assessment and time-scales; the proposed statement; time scales; parental response and request for the school named in part 4, plus more.

WHAT’S DIFFERENT ABOUT THIS BOOK FROM ALL THE OTHERS

 I have read many books that are written by mothers of a child on the autism spectrum, however, most are personal stories that are not told in a way that offers advice and guidelines, it’s more like a life story you can relate to.

 The book,  “Special Educational Needs, Getting Started with Statements” still has that personal feel, after all it’s written by a mother of two son’s with autism who has fought the same system! Nonetheless its also a very well written resource and guideline for parents facing the same battles.

 What’s nice is the fact that Tania is providing a much needed service for fellow parents and is doing so as a parent and not a professional. This is something most parents of children with SEN prefer, advice from a parent not a professional. Sadly it gets to the stage when you feel fellow parents are the only valid source of information when you are going through such a process and battling against your very powerful Local Education Authority.

 What I found very appealing throughout the book, was Tania’s words of motivation, and having gone through the process myself, can verify that at this stressful time encouraging words are most welcome, you cling to any positiveness with both hands right till the very end.

 Tania has done very well to draw attention to some very interesting and important points, such as, “How a child’s social & emotional needs must be taken into consideration when requesting a statutory assessment” I myself hear all to often on my facebook page, many mothers stating, “They told me I can’t apply for a statement, as my son is too bright” (Ok, so it doesn’t matter that his social communication is so poor it makes them depressed, or the child can’t  cope at break-time etc., etc….) Tania very clearly wipes out these myths making the statementing criteria easy to understand.

WAS THERE ANYTHING MISSING

 I wouldn’t say that their wasn’t anything missing, however I would state that it would have been a nice touch to have added a little jargon buster (explanation of some of the terms used) Even though Tania has been excellent at keeping Jargon to a minimum, not all can be avoided, a little list would have just been nice, through not essential.

 From a parent who has embanked on such a journey, with that added pressure to secure an independent special school, who has succeed in both, I think the book is a spectacular resource that will benefit many parents and carers who are desperately trying to secure a statement of SEN for their child.

I highly recommend this book for those who have children going through the ‘Statementing Process’

If that’s you then fly over to Amazon and get yourself a copy either in the format of an Ebook or the traditional paperback

Click HERE

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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)!