ITS TIME THAT OFSTED PUT A STOP TO ILLEGAL EXCLUSIONS AGAINST CHILDREN WITH SPECIAL NEEDS

Yesterday was a rather productive day.

Its a day that two years ago, I longed to see.

Yesterday was all about reaching out, creating awareness and getting heard.

It was those important factors above, and a few more besides that encouraged me on the given tasks I had been set. Tasks I thought would never happen but was now about to suddenly surface.

The task was that of sharing our story with the world.

Two years ago I felt as if no one would listen. I was able to successfully bring every aspect of our story to light and people would take notice… Every aspect but this one! Now I’d been given an opportunity to change this.

It all began when the charity “Contact A Family” sent me an email with an attached survey surrounding the topic of “Illegal exclusions from school” Of course I had a lot to say on the given subject. I hoped that others affected would have too. The results could finally prove the extent of the problem and finally a campaign set in motion.

Thankfully this is what happened! The results have lead to the charity “Contact A Family” launching a national campaign highlighting the results of the survey entitled “Falling Through The Net”…

The charity’s Falling Through The Net survey, collected the opinions off over 400 families of children with disabilities or additional needs.

The results indicated that more than half (53%) of families have been asked to collect their child during the school day because there are not enough staff available to support them.

• More than half (56%) of families have• been told by the school that their child can’t take part in a class activity or trips because it is unsuitable for them.

• Almost a quarter (22%) are illegally excluded every week and 15% every day.

• More than half (53%) of affected disabled children are falling behind with school work and 43% feel depressed because of illegal exclusions.

• Half of parents (50%) are unable to work due to being called to school frequently.

The charity is making the following recommendations to improve the situation:

• Where exclusion is necessary, schools must follow statutory procedure to ensure decisions are lawful, reasonable and fair.

• The most frequently illegally excluded pupils with a disability or additional needs are those who have conditions which affect behaviour. Schools should take early action to tackle the underlying cause, and to put in support before a crisis occurs.

• Schools and teachers should work closely with parents to understand a child’s condition or disability and their extra support needs and ensure the child gets the help they need.

• Ofsted has an important role in identifying unlawful practice in the course of an inspection. School should be offered additional support to help them improve their practice. A grading of “inadequate” should be considered if schools continue to illegally exclude children with a disability, SEN or additional need.

Looking back through some of my blog post that I had written back when Little man was being regularly excluded from school (both officially and unofficially) I am reminded of the sheer frustration and anger this situation was causing for both myself and my child.

I’m reminded of them painful days full of tears and disbelief as we struggled to get of a never ending rollercoster of emotional terror.

My post remind me that I am in fact a much stronger person than I myself give credit too. Despite the forming of depression and a certain degree of hopelessness, I never once give up… even though I often found myself close to the edge I remained there by a thread… A very thin one.

It wasn’t just our family feeling the pressure, although at that specific moment in time I felt like the only one and that felling was a somewhat lonely one! There was many more like me and it was during those months that followed that I discovered many others like myself living in fear of the daily phone calls from their child’s school demanding they collect their child for whatever reason.

The Boy With Aspergers Facebook page which is an addition to this very blog has some 5,800 + members, many looking for the same answers, huge numbers struggling to work together with their child’s school in a productive manner. Instead these parents found themselves on our page asking the same question… “Are they allowed to continually request I collect my child from school and bring him home?”

Yes, they are…. But only if the statutory procedures are carried out by the school. Its when they fail to put these procedures into action to ensure such decisions are lawful, that they then become unlawful.

What happens to the schools who chose the latter? In most cases if not all… Nothing!

You see the Education Act states that it is a parents responsibility to ensure their child is educated once they have reached compulsory school age. If parents fail to ensure regular attendances AWOs (Attendance and Welfare Officers) likely step in and local authorities proceed to take parents to court if they fail to fulfil this parental requirement (for whatever reason). This can leave parents with a hefty fine to pay or even in some cases a prison sentence to serve. The thing is parents can be found guilty of an offence under section 441 or 441(a) regardless of the reasons behind the absences. Its simple if you are (a) the parent of the child and (b) they never attended school everyday regardless of the reasons, then that parent is automatically found guilty of 441 (the lesser charge of failing to secure school attendance) and will end up with a fine or find themselves on some type of parenting order. Its the law, plain and simple!

My point?

Your child’s school phones you up, sometimes on a daily basis and requests you collect your child as they are unable to contend with their challenging behaviour. You take your child home as the school requests you do, only the official routes are not put into motion… There is no exclusion letter setting out the reasons for your child’s exclusion. This therefore means that the local authority have not been notified and your child’s school have broken the law. Maybe you don’t know this at the time but when you eventually discover this to be the case you take action. Written complaints to governing bodies, LEA officials and ofsted! Yet nothing at all happens… Instead the school seem completely disregard it all and continue to operate in such a manner! How is this allowed to continue? If parents are taken to court and hit with hefty fines then why ain’t schools? After all laws are laws.

When I was called at the ridiculous hour of 8.30pm and asked that I keep my child away from school on the same day as a planned Ofsted visit I had finally been pushed enough. I took myself and child to the school and as he throw himself around the reception area in sheer anger and frustration I just stood demanding I speak with the visiting ofsted officer.

Next thing I knew she was stood behind me, placing her arm around my shoulder as she lead me to an empty class room for a chat. I remember it all becoming to much and I sat telling her through sobs and tears, the extent of the schools treatment towards myself and my child, paying particular attention to the ongoing illegal exclusions (including the one he was currently meant to be serving). I passed her evidence I’d collected, diary notes and some written thoughts from the little man himself. She agreed that the schools activity was illegal and promised to investigated. I tried making contact with the officer as the weeks turned to months but never had any luck. I was horrors with the schools final report and grade of a “Good” school. There was absolutely no mention on the subject. It even stated the schools understanding of children with SEN and certain disabilities. To say I was horrified is an understatement! I then lost every bit of faith I had left in a failing system.

Yesterday morning I gave a live radio interview to Paul Ross on the BBC LONDON 94.9 Breakfast show.

That same afternoon I found myself agreeing to a LIVE TV interview with SKY NEWS. Now I’ve done TV interviews before and have appeared on the news as well as sharing stories in national and local newspapers, but a LIVE interview was something new to me and admittedly as I stood waiting to enter the news room my stomach did an array of huge summersaults making me feel a tad sick!

I had to constantly remind myself of the pain we suffered… How awful life was for little man during those dark days attending mainstream school. I then collaborated a huge mass of messages in my mind, all surrounding the questions parents of excluded children would leave on our Facebook page messages I’d read on the Facebook page all searching for answers and support.

I just had to remember that by doing this I could help contribute somehow to making a difference for children like my little man and their family’s too! This combined with the great encouragement given to me from some great supportive people across social networks such as twitter and Facebook, was the virtual kick in the butt I needed to get in that news room and go for it.

Thankfully I was joined by Srabani Sen, Chief Executive of Contact a Family and the whole thing went pretty well.

So… Here’s hoping together we can bring much needed changes to the way schools deal with the challenging behaviour of children with additional needs.

Would be interested in hearing from others who like myself and many others have had fight this battle. If your interested in featuring in a post I’m planing on this subject please email me via the address on my contact page.

Links to media articles on this subject…

An article on the guardian blog from a teacher who says illegal exclusion needs to stop! Click Here

An Article in the guardian newspaper (I myself contributed too under a different name) plus it features the wonderful Mama Owl (aka Juile Sheppard) and her beautiful boy Logan. Click Here

Enable – The official Contact A Family Report featuring mine and little mans experiences Click Here

Contact A Family Article on their findings Click Here

I’m afraid I haven’t been given the permission to broadcast the Sky News Clip as yet. It was showed at 1:50pm on the 19th Feb 2013 live on Sky news (Sky and freeview). If you are a Sky account holder You maybe able to view this on Sky Go today if you would like to see it. I will share on the blog as soon as I have permission to realise the clip.

Don’t Let Your Child Be The Victim Of Discrimination At School

That’s easier said than done you may say, and yes I agree!

However, there are a few things you can do to help protect your child with autism from becoming a victim of disability discrimination in the school place.

Its hard to believe that its even a possibility, but believe me, sadly it is! Just ask my little man!

1) If you receive a call from your child’s school asking you to pick them up because they feel your child is upset or stressed and this is disturbing the learning of his or her peers, be sure to only do so once you know the official routes have been taken.

You’re child’s teacher or head teacher may claim your child is upset and they are asking you to collect them for their own good. They may say its optional even, or you can bring them back after lunch. Its important that you ask for this to be made official (but in writing)! Ok, no one wants official exclusions documented on their child’s school record but if you later apply for a statement of special educational needs you will need this type of evidence to show the school cannot meet your child’s needs!

To not record officially is wrong! This makes it an illegal exclusion and the schools (especially that of mainstream) get away with this type of behaviour a bit to often!

2) Don’t let your child be left behind! When I say left behind, I am referring to that of school trips. Watch out for exclusions that take place on days of school trips… These are just to much of a coincidence and happened to little man all the time. If this does happen and happens often, be sure to make a record of days and times (plus reasons given for exclusions, which must be given in writing)!

Watch out for letters. I found that little man was often “Accidentally on Purpose” missed when trip letters were handed out. Ask another parent to keep you in the loop whenever there is a planned trip. I discovered that little man wasn’t being given letters. School trips actually went ahead without our knowledge. Little man was either kept isolated in school with the hope I’d never find out, or he was again coincidentally excluded on the day of any planned trips.

3) Watch out for OFSTED visits. You may find that whenever ofsted visit your child’s school, you’re child is either sent home or hide in a cupboard… Ok, maybe that’s a bit extreme (although I actually wouldn’t put it past some schools) but they are hide away all the same.

It is very rare that schools end up with surprise ofsted visits these days, but many do get very short notice. Again be vigilant! Lookout for letters, talk to other parents and just keep your ear to the ground. If you then receive an evening phone call from a head teacher,(remember I’m talking from experience) who tells you your child had a bad day and will be in isolation tomorrow (in other words hidden) or excluded (hidden again) your ready and prepared!

You have the right to come into school and ask to speak to the ofsted inspectors. Put it this way… I’ve never seen such panic unfold within a school when I did this! I brought my EXCLUDED child in with me and let him have a meltdown there and then, right in front of the inspectors! I was honest and told him he wasn’t allowed to join his class because the nice lady from ofsted were there! Yes this didn’t go down well, and no I wasn’t popular amongst the teachers! But it is my child I care about, not them!

4) Listen to your child no matter how off the wall they may sound! I would get called into the head teachers office and be told little man had done a string of things. These mainly consisted of hitting teachers or something similar. He would openly protest that it wasn’t so, or he was pushed to the limit (head teacher dragging him by his shirt for instance)! You know your child and need to take what they say very seriously. I’m not saying that children with Aspergers are not capable of exaggerating the truth because regardless of what some may say I believe they are. However, teachers, like members of authority tend to stick together.The fact my child was very upset and would angrily protest was enough. However, the added factor of the head teacher being able to stand and tell a room full of people I’d called him a ‘Wanker’ excuse my language… When in fact I had only thought it and not said it just proved to me how messed up and cunning a system I was dealing with.

5) Do all your talking in writing…. If you wanna say it then go ahead, but I suggest you then go home and put it in writing! Email is the best invention ever! write what you have to say then attach it and send it in an email! Copy in other important officials and then print it and send it as a letter to them all too.

I sent everything by email and then letter. I would always send letters recorded delivery meaning a signature was required on receipt. Most other parents would think I was crazy, given the school was located 50 yards away but then they were not the mother of the child being discriminated against were they?

I could go on and write more as this is a lengthy subject involving many Dos and Nots! But my fingers ache so I think I will follow up on another day, another post.

What I will finish by saying is… By doing these things I managed to win a discrimination case. It also helped prepare a case for the LEAs refusal to assess for a statement of SEN… I then got that assessment and a statement. We also got little man into an independent special school for children with autism and Aspergers.

Not all endings are as happy as ours!

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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