Monday, 4 October 2010

Leicestershire County Council are they abusing some of the families and children they owe a duty of care to?

I think the my LA is gatekeeping and rationing resources it should be provided to a child with life threatening medical issues who had been assaulted by fellow pupils.  The school have refused any responsibility as it took place outside the school gate.  The police have decided they have no role as although the result was “criminal”?  assault the child may have also done something, not clear what to the other child, my understanding is that the other child was unhurt.

So I think the story is: child out of school, traumatised, unwilling leave the house for some time.  Some help is being offered for problems but I suspect it is inappropriate to the point of making matters worse due to a poor grasp of the cause of the problem.  I  am telling you this just having other agencies involved might be significant.

To my limited understanding the parent is actually carrying out their section 7 duty when they refuse to send their child to a school they feel is too far away given their child's medical issues.  I also think that the child's mental state may make attending any school difficult for a while.

The parent is being told by an Education Welfare Officer that as they are refusing this school there is nothing more the local authority can do and their only option is home education! 
This seems an example of off rolling but am I right that it is entirely due to the LA being negligent of its duty of care to this family?
This is my suspicion and what I have been trying to find out by searching for Leicestershire’s policy document on children to ill to attend school is whether that is right.

I have ascertained that the parent does not really want ot home educate and my understanding is that the Local Authority still has a duty in this case. 

My best guess is that the most appropriate way of meeting its obligations would be to provide the child with at home tuition.

My sister’s child has had this for three years due to ME but she had to fight to get it I think, although she has had to fight for so many vital services and modifications that I am not sure if I am right.
This parent, whom I have only spoken to over the phone and via email, is unlikely to have my sister’s experience, education or resources, and may very well be in a vulnerable position.

I have offered to support her in my very new role as home education contact for my area.  I am aware of the irony of my first case being supporting someone who needs to not be coerced into home education!

12 comments:

Anonymous said...

lots can be done to help this child family EWO have to give support and help find any other support a child may need due to any mental health problems get in touch with county councilor for her area telling him all about it! new school has to be found for this child or special school also get the child/family to doctor who can also write t ogive support! and also home tutution when child is having mental problems is an option to but she/you will have to fight all the way to get help county councilor is good person t ostart with

Maire said...

agreed anonymous, indeed that is their job and we should not need to have any part in it.

Why do they lie to families and abuse and betray the children rather than do their job?

I can't work that one out but stopping them is the task issue right now.

Anonymous said...

Marie says-Why do they lie to families and abuse and betray the children rather than do their job?

its because of a number of reasons one is that education staff have signed up to the system it has to be right work! also staff only get on move up the ladder or keep job if there act like this.It is very deep rooted and reforced by many county councilors and M.P's there all help to reforce this amony there self teachers meeting with LA staff councilors going along with it all as half of them have no idea about children who are ill/mental health problems
children out of school are seen as a problem it cant be the systems fault so it looks to blame or wash its hands of the family

i had to spend many hours with our county councilor just to educate him over home education! he had no idea it went on in his ward! i had to bring round loads of paper work including the law on home education he was amazed it is allowed to go on! we touched on many issues including children who are ill i think also he was scared of the unknow all his life he been part of the system it must be right!
make sure you get family to write to there county councilor get him on side it will help a little!

Anonymous said...

I'd suggest that mum raises a CAF (Common Assessment Framework) which would record all the needs and strengths of the child / family and identify available support. Sounds like there should be a referral to CAMHS or a CPN to start with.

Maire said...

I am now waiting to see what the mum has actually done.

As to CAMHS, my family has been nearly mortally wounded by my abrogating my authority to them, so i would hesitate to recommend them, especially in Leicestershire

Anonymous said...

the mum must write to her county councilor and asking him to help her the county councilor may be able to help her get home tution for her child she has nothing to lose by asking him! if she explains about the bullying and child not yet ready to go to school he would be able to help councilor can help to put it all down in writing to LA! he may not want to help her but he has a duty as her councilor!

Alison Sauer said...

Yes it is off-rolling as the LA have a duty to make "alternative provision". This may be home tuition but it may also be PRU or something similar. If the parents have chosen state ed then the Authority MUST provide. If circumstances mean that the state school is not appropriate then they MUST make alternative provision.

"Local authorities have a statutory duty “to make arrangements for the provision of suitable education at school (including pupil referral units), or otherwise than at school, for children of compulsory school age who, by reason of illness, exclusion from school or otherwise, will not receive a suitable education without those arrangements”. Sec 19 Ed Act 1996

Anonymous said...

Having originally posted one reply I've re-read the article along with other peoples responses and realised there may be missing information. If I was presented with this information I would have the following questions;

1.Has the child been offered alternative schools in the area?
2.What services are involved with the child's health?
3.What services are currently offering support to the family/child?

I would then contacts these people, find out what their involvement has been and if they can identify other areas of concern that need addressing.

Unfortunately only too often parents state that nobody is helping them when several services are involved but the parents aren't engaging. Hopefully this isn't the case here but parents must understand they have to work with services and not expect the 'magic wand' to happen.

Anonymous said...

Anonymous says-Unfortunately only too often parents state that nobody is helping them when several services are involved but the parents aren't engaging. Hopefully this isn't the case here but parents must understand they have to work with services and not expect the 'magic wand' to happen.

what do you mean by engage? doing as your told by so called services? being involved and helping by services are 2 differnet things!

Maire said...

can the anonymouses agree a code between themselves so that I can know they are different people, I think there are three anonymouses here, yes?

I will answer questions and ask some myself as soon as the vitally important things on my list are done.

Peter said...

i am now signed in Marie not anonymous any more! will start up my own blog!

Anonymous said...

I done a post Maire dont know if its any good!

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