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Government Urged To Ensure SEN Appeal System Is Made Less Intimidating

Many families experience an intimidating process when they appeal against local authority decisions regarding special educational needs provision for vulnerable children, says speech and language therapist Janet O’Keefe, who attends many tribunals as an expert witness.

Janet says that special educational needs and disability tribunals are organised by the Ministry of Justice as part of the court system and their hearings are often heard in magistrates’ courts, asylum and immigration buildings, or social security offices which is very stressful for parents who have not done anything wrong other than disagree with the provision proposed to support their child by the local authority responsible for meeting their special educational needs.

This issue will be one of the topics under discussion at a conference called Towards a Positive Future, which Janet is holding in Newbury, Berkshire on Saturday, 16 June, where speakers will include Jane Asher, president of the National Autistic Society.

Janet, who founded Wordswell (Speech and Language Therapy Services) near Ely, Cambridgeshire, says the event is aimed at parents of children with special education needs and the professionals who support them. Janet will be speaking about the daunting and intimidating process of appeal for parents.

Janet says: “It’s disappointing that local authorities do not seem to be currently negotiating with parents, which results in more appeal hearings and higher legal costs for those parents who use expensive specialist solicitors and barristers to represent them. On average I have attended two tribunal hearings a month as an expert witness for speech and language therapy; in January 2012, there were 12 in the diary and I attended eight.

“Since all tribunals came under the Ministry of Justice, hearings have had to be held in government buildings instead of hotels or dedicated tribunal buildings to save money.  This means that instead of a formal business meeting, special education appeal hearings are now held in magistrates’ courts, asylum and immigration buildings, or social security offices.  Often there is security on the door like an airport to scan and search all bags and people entering the building. The whole process is increasingly stressful – and all because parents dared to disagree with the provision the local authorities are offering to support their child who through no fault of their own has special educational needs.

“The legal costs have also escalated for parents who seek legal representation. Just five years ago parents were telling me that their legal bill was on average £7,000, now they are telling me it is more than £20,000.”

Tania Tirraoro, a mother of two autistic sons, Luca, 14, and Giorgio, 12, and author of Special Educational Needs – Getting Started with Statements, believes a much more conciliatory approach is required which would involve a huge culture shift away from the present process so the focus is on the special educational needs of the child, and not the local authority’s budget.

Tania belongs to Family Voice Surrey, a parent carer group to help form the new SEN structure where pathfinder trials are taking place.

She says: “The system has been adversarial for far too long, and it’s not just the framework that needs to change to improve things, but the attitudes of some LEA staff to dealing with stressed and vulnerable parents. Even as the trials are getting underway, parents using the existing system are still being subjected to unnecessary expense preparing for tribunals that the LEA backs out of at the last minute, inadequate proposed statements and fights over placements. A change here would make the biggest difference of all.

“There are many fine ideals in the green paper, but the most important thing is that the pathfinder trials must show that they are workable on a large scale and do, in fact, improve the lives of children with SEN and their families.”

Jane Asher, president of the National Autistic Society, says: “I am very much looking forward to coming to Wordswell’s conference – anything that can help to promote understanding, support and the need for the right education for those on the autistic spectrum is always close to my heart.

“After over 30 years of working with the National Autistic Society I still continue to learn more about this complex condition all the time, and I know I will enjoy meeting the parents, carers, professionals and those with autism themselves who will gather to exchange experiences and to help improve the lives of all those affected. “

413eWDgN8QL. SS500  Government Urged To Ensure SEN Appeal System Is Made Less Intimidating

Janet has edited a book which was launched at last October’s Conference called ‘Towards a Positive Future: stories, ideas and inspiration from children with special educational needs, their families and professionals’ which includes practical information and support for parents and expert witnesses.

The conference is being held at the Arlington Arts Centre in Newbury on Saturday, 16 June. Early bird tickets cost £80, and £100 after 1 May, and can be booked by calling 01954 253525, or email janetokeefe@wordswell.co.uk 

Please see

http://www.wordswell.co.uk/pdfs/Towards_a_Positive_Future_Conference_2012_flyer.pdf

for further information.

Ends.

Notes to editors:

  1. For photos or interview requests, please contact media officer Ellee Seymour on 01353 648564, 07939 811961, or email ellee.seymour@btopenworld.com
  2. Full details of the green paper for special educational needs, please see the Department for Education, http://www.education.gov.uk/childrenandyoungpeople/sen/a0075339
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Book Review: Towards a Positive Future:stories, ideas and inspiration from children with special educational needs, their families and professionals edited by Janet O’Keefe published by J&R Press 2011

This book is essential reading for anyone currently involved in the upbringing and education of a child or children with special needs. In this well documented and skillfully edited volume, our current process for ensuring a ‘special’ child is appropriately educated is clearly and comprehensively explained. 15 real life stories of special needs children illustrate perfectly the many facets of the problems that face those who are intimately involved with educating children with special needs. We have all known the frustration and coldness of bureaucrats who count the pennies and tick the boxes with scant regard for the identity and needs of the individual’s life they are affecting. The personal accounts in this book bring home the difficulties many have experienced in understanding exactly what was wrong with their child, what effective and positive steps could have been or were taken to address their child’s needs and how these were (or were not) applied (promptly or otherwise). No punches are pulled. There is no kowtowing to those authoritative officials who have learned to become more efficient in their job by making hard and fast decisions that have ignored the human, emotional needs of the people involved. Reading such stories should give new heart to people who may be struggling to cope with a cumbersome, and seemingly cold and indifferent system. They are not alone. I write not as an entirely uninvolved individual, for I have had my own 19-year battle with authorities in seeing to the needs of my husband who has had increased requisites as his health has deteriorated and I have been observing the difficulties my own daughter has been having with her severely disabled child. To return to this excellent book: by way of essential contrast, it also highlights the positive side of the children’s achievements, no matter how small. It makes clear how it is important for us to change our attitudes in dealing with our children’s individual impairments and with the authorities that seem to be at odds with their statutory role to support these needy children. The final mission statements exhorting us to be the instigators of positive reform in this field are inspiring and worthy of adopting. It is not ‘the system’ but ‘we’ who can effectively improve matters. Armed with the expert knowledge and lists of supportive organizations and people in this book, and driven by our passionate involvement, we should be able to ensure that the future of our special needs children will be much improved.

Written by Dr Rosemary Westwell PhD, MA TESOL, MA Ed, B Mus, BA Hons

PhD thesis “The development of language acquisition in a mature learner” : http://eprints.ioe.ac.uk/48/

www.reviewsrjw.wordpress.com

www.elyforlanguage.wordpress.com

 

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Review of Towards a Positive Future: stories, ideas and inspiration from children with special educational needs, their parents and professionals – published by J&R Press on 14th October 2011

 

As an SLT working both for the NHS, Privately and for a major Charity I must say a huge thank you for all the time you have invested writing this book.

 

Put simply it’s a fantastic reference point for any professional working with children and adolescents with SEN and their families.

 

I like how the vastly complicated process of statementing is clearly described in terms of not simply what happens but when it should happen. When I was a newly qualified SLT I wish I had such a resource to refer back to as it has taken years of experience to get my head around (and I still don’t feel overly confident). I will definitely recommend this resource to NQT (and experienced) professionals who work with children with SEN.

 

Whilst the book does not expect a particular level of prior understanding of SEN having some certainly helps. The majority of (affected) families greet having more information on the SEN ‘with open arms’ however I do feel that due to the complexity of the process, and hence the complexity of the book itself, it is not accessible to all families. Personally I would recommend reading particular chapters to some of my families and the whole book to others.

 

I think the icing of the cake are the inspirational stories. Whilst they are heart breaking at points, the positive messages found are clear. I like the way they are categorised into SLCN diagnoses/disorders as it helps the reader to relate to particular children they know.

 

Finally, with all the cuts and changes happening across the UK it is very easy to become disillusioned; the ‘making it happen’ has lit my fire of enthusiasm and I can’t wait to go into work tomorrow and begin to make a difference!

by Chris Wade

share save 120 16 Review of Towards a Positive Future: stories, ideas and inspiration from children with special educational needs, their parents and professionals   published by J&R Press on 14th October 2011
 

Book Launch: Towards a Positive Future: stories, ideas and inspiration from children with special educational needs, their families and professionals

This book describes the present legal process for establishing an adequate educational ‘statement’ of the needs of a child with a disability, or appealing against one that is deemed to be inadequate.  The author has gathered together parental accounts of their experiences of that process and these form the main body of the book.  It does not make an entirely easy read emotionally: some of the stories are raw in the telling but in sum form a tribute to all the parents and professionals who have dedicated themselves to enhancing children’s prospects without compromise.  

This book forms the precursor to a weightier volume which will be written when radical reform of the present special needs education legislation (in England) has been settled.   The road to the point where reform has been acknowledged as necessary has sometimes been rocky.  The present legislation, although working well for many, has caused anguish for some parents as they saw their child’s needs go unrecognised or compromised by provision that did not suit them. They have had to fight their way through a lengthy and complex process to gain the right level of provision for their child, sometimes supported by expert professionals, sometimes alone. 

In producing this book, the editor and her team hope that we can learn from experience and, despite the present economic challenge, move towards a system that is workable and honest in its ambition. We can all (both parent and professional) contribute towards that positive future by making our voices heard, telling it as it is and saying how it should be.  

Dr Hilary Gardner, Department of Human Communication Sciences, The University of Sheffield, September 2011

Please join us at the book launch in Newbury Berkshire at 7pm on Friday 14th October 2011.   Cost £50 including a 3 course meal.

http://www.wordswell.co.uk/conference/

share save 120 16 Book Launch: Towards a Positive Future: stories, ideas and inspiration from children with special educational needs, their families and professionals
 

What 10 things make the most difference to the families of children with special educational needs

When editing the forthcoming book ‘ Towards a Positive Future: Stories, Ideas and Inspiration from children with special educational needs, their families and professionals’ there were 10 things that cropped up repeatedly in the personal stories of the 14 families featured that made a positive difference to their well-being and the educational and life outcomes for the students.  These are:

  • having a clear description of all of the child’s needs
  • schools and services that focus on the child’s abilities and strengths
  • productive activity for the child throughout the day to promote learning rather than a differentiated but meaningless curriculum
  • safe, secure, appropriate physical environment which minimises the disability for the child and enables them to learn
  • integrated therapy and teaching
  • a positive and close relationship between parents and school
  • social care working in partnership with parents and schools
  • appropriate individual specialist programmes available as part of the curriculum
  • appropriate medication and nutrition available in school
  • access to specialist solicitors, barristers, advocates, representatives, expert witnesses and tribunal to achieve all of the above as early in the child’s life as possible

The book is available to pre-order from www.jr-press.co.uk and will be launched on Friday 14th October 2011.  To book your place at either the Book launch, the Conference or both please go to http://www.wordswell.co.uk/conference/

 

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‘A Helping Hand’ – published in Multiple Matters Issue 5/Autumn 2011 by www.tamba.org.uk

If your child has Special Educational Needs, you’ll need to go through the process of statementing to get the proper provision for them in school. But what is statementing, and how do you go about it?  

Green Paper: All change please 

The world of SEN and statementing is facing the biggest shake-up in 30 years: proposals outlined in the recent Green Paper on SEN will, the Government says, simplify procedures and give parents more control over the statementing process. However the reforms’ aims could conflict: two of the problems to be addressed are parents having to battle to get the support their child needs; an Ofsted’s belief that too many children are identified as SEN.

 What is a Statement?

A Statement is a legally binding document that describes a child’s special educational needs, what sort of provision must be made by schools and LEAs in meeting those needs and where it should happen. A LEA school or setting cannot ignore the contents of the Statement; the child is entitled to the provision that is described.

You may realise that your child or children need assistance in school that is additional to or different from those provided for children who don’t have SEN. The signs that children need such help are that, despite receiving extra support, they make little progress, show signs of difficulty in developing literacy or mathematics skills, continue to work at levels significantly below those expected for peers of a similar age or have sensory, physical, or speech, language and communication needs.  One in 10 of Tamba members have children with Special Educational Needs (SEN) according an educational report published by the charity last year. Getting extra help for these children in schools should be a simple process but it can be a struggle due to the restrictions of local authority funding.  

 How do I request a Statement?

There are two stages: first, the LEA has to make a statutory assessment, and then it decides whether to make a Statement – against which you can appeal if you want to contest the provisions it lays down.

You can make a request for a statutory assessment to the LEA at any time, independently of the school, if you consider that one or more of your children have special educational needs, and the school is unable to provide the necessary level of help without additional funding. It is in the children’s best interests if the school work with you on any request for a statutory assessment.  Requests should always be made in writing and all parties should keep copies of all correspondence. Schools must consult with you before requesting a statutory assessment. On receipt of a request the LEA must contact you to find out more about your concerns.

If the LEA refuses to carry out a statutory assessment they explain why, and also set out the provision that they consider would meet your child or children’s needs within 6 weeks of the request being made.  If the LEA agrees to undertake a Statutory Assessment they should work with you, the school and health and social services agencies and request written advice on all the child’s needs.  You are entitled to provide your own reports from experts as part of the statutory assessment procedure.  You are allowed to be present at any assessment or interview. The LEA must also seek the views of any children involved, as part of the statutory assessment procedure – if the child is too young, then all parties must agree on how the child’s views are heard.

The statutory assessment process ends when the LEA decides whether or not they will make a Statement.

 The LEA’s decision.

The LEA must decide whether or not to produce a Statement of Special Educational Needs it must inform you of the reasons for this within two weeks.  If it says no, it must inform you of the reasons for this and must make sure that you know what provision is available within the child’s school to meet your child’s special educational needs.

If the LEA decides to produce a Statement they must first draft a Proposed Statement. This will include a description of your child’s needs and the provision to meet these needs.

Appeals

If you are  informed that the LEA will not produce a Statement, the LEA must also inform you of your right to appeal to the SEND Tribunal, the time limits for this appeal and the availability of parent partnership and disagreement resolution services.

You may also be able to appeal if you do not agree with aspects of the Statement.  If you do turn to the Tribunal, you can get help fromsupport groups and charities. If you are entitled to Legal Help the Citizens Advice Bureau will be able to give names of experienced solicitors who participate in the scheme.

 Further Assistance: SEN and Statementing

  • National Autistic Society, National Deaf Children’s Society, AFASIC, SCOPE, Dyslexia Action
  • Education Advocacy
  • IPSEA (Independent Panel for Special Educational Advice)
  • The Children’s Legal Centre
  • SOS!SEN (the independent helpline for Special Education Needs)
  • Anthony Collins Solicitors
  • MGLaw Solicitors
  • Douglas Silas Solicitors
  • Langley Wellington Solicitors
  • Advocacy Services and Special Education training (ASSET)
  • AM Phillips

Help and Info: Multiples with Special Needs

Tamba has a Support Volunteer for families where one or more children from a multiple birth have special needs.  Co-ordinated by Karoline Jordan, you can make contact via the Tamba office on 01483 304442 or e-mail carolclay@tamba.org.uk

Book Talk: Towards a Positive Future

See http://www.wordswell.co.uk/conference/ for information on a two day conference for professionals and parents of children with special educational needs on 14/15 October 2011 at the Arlington Arts Centre, Newbury, Berkshire when the new book edited by Janet O’Keefe will be launched featuring stories, ideas and inspiration from children with special eduicational needs, their families and professionals.

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PRESS RELEASE: NEW FOUNDATION LAUNCHED TO SUPPORT CHILDREN WITH SPECIAL EDUCATIONAL NEEDS

Educational psychologist warns that young vulnerable people miss out under present system

A new foundation which will enable practitioners to join together to provide multi-disciplinary specialist services for children with special educational needs is being launched next month – and could transform the present fragmented and bureaucratic system.

 The Clarity Foundation hopes to attract health and social care providers, as well as education specialists, to join as members who can be referred to families and local authorities as approved providers meeting statutory guidelines. 

 The foundation is the brainchild of speech and language therapist Janet O’Keefe and Robert Ashton, best selling business author, social entrepreneur and campaigner, who are passionate about providing a new joined-up efficient system which supports children and their families with educational support, while at the same time eliminating unnecessary duplication and bureaucracy.

 It will be launched at a conference entitled, Towards a Positive Future, aimed at parents and professionals, to inspire, share experiences and discover how they can achieve more for children with special needs. The conference is being held on October 14-15 at Arlington Arts Centre, Newbury, which is based at the Mary Hare School for deaf children.

 There are currently 1.7 million children with special educational needs in England who require support for wide ranging conditions, from dyslexia, dyspraxia and Down’s syndrome, to autism and attention deficit hyperactivity disorder.

 Janet says: “We believe that having a one-stop shop is the best way to enable parents and local authorities find all the support services desperately needed by children with special needs, and that our foundation is the most practical and efficient way of ensuring that those services are integrated and coordinated.  We need to bring practitioners from health, education and social care together and plan for the future while the present guidelines for new contract arrangements is under review.  Our foundation will be a valuable database of all heath and social care providers, as well as education specialists.

 “Additionally, we can streamline time consuming and expensive administrative processes. For example, we can help with criminal bureau checks and professional indemnity insurance.  At the moment, if a practitioner is not directly employed by a school or local authority, every school they visit should conduct its own CRB check.  Many practitioners regularly visit 20 schools a week sometimes in several different counties and are therefore checked 20 times.”

 Robert says it makes good sense to become more efficient during the present changes:

 He says: “However you feel about the Government’s “Big Society” agenda, the fact is that the worlds of education, health and social care are undergoing massive change. The Clarity Foundation is being formed to help parents make sense of those changes, and in parallel to help practitioners create their own enterprises. That way both groups can connect, create opportunities and meet the needs of young people striving to overcome disadvantage.”

 Specialist speakers include educational psychologist and former head teacher Charlie Mead, who has worked with children with severe emotional and behavioural problems and special needs for 20 years. He has grave concerns about the present system and highlights failures he has observed, leading to neglect in some cases for vulnerable young people.

 He says: “Charities are afraid to stand up for their clients in case their funding is withdrawn. Academies are afraid of further failure by taking on exactly those students who would benefit most from their resources. Children and Family Services have neglected the vulnerable due to bureaucratic inertia and a lack of consistency. All these situations can be changed if the interests of the child are put first.

 “When working with highly vulnerable children in care, many of whom have been sectioned, it is clear that the recession is having a considerable impact on the young people and their families – especially those who cannot cope emotionally, are addicts, are sexualized early and have been abused.  They need expert consistent provision – not piecemeal services from organisations who are threatened by lack of funding.”

 Other key speakers are Kevin Geeson, CEO of Dyslexia Action, who will highlight the impact of the SEN Green Paper; speech and language specialist Prof Heather van der Lely, who will highlight her simple test for an early diagnosis of specific language impairment; and both Sandy Burbach and Alex Kelly, who will describe the importance of developing social skills and self esteem in children.

 Janet is also launching a book she has edited at the conference also called Towards a Positive Future which includes stories, ideas and inspiration from children with special educational needs, their families and professionals.

 Full details about the conference can be found at their website, Towards a Positive Future: http://www.wordswell.co.uk/conference/

 There is a range of ticket prices: parent £90 (one day) £155 (both days); second parent £60 (one day) £120 (both days); professionals £200 (one day) £385 (both days).

 Media requests can be made to press consultant Ellee Seymour on 07939 811961, email ellee.seymour@btopenworld.com

share save 120 16 PRESS RELEASE: NEW FOUNDATION LAUNCHED TO SUPPORT CHILDREN WITH SPECIAL EDUCATIONAL NEEDS
 

Towards a Positive Future: Stories, ideas and inspiration from SEN children, their families and professionals

As the education system in the UK enters a period of change, and the political and educational factions argue about the future of provision, it’s all too easy to forget those for whom it is really intended – SEN children.

Whatever the procedure in the future, it should be based on best practice and sound principles and always be centred around the child concerned. Towards a Positive Future focuses on these practices and principles, not only from the point of view of the professionals involved but those of parents and children too, and it highlights how what has been learned from the past should underpin any future process.

Towards a Positive Future will be launched at Towards a Positive Future, a 2-day conference for parents and professionals. For full information about the event, follow the link to: http://www.wordswell.co.uk/conference/

okeefe Towards a Positive Future: Stories, ideas and inspiration from SEN children, their families and professionals
 

Publication date October 2011

ISBN 9781907826122
Price: £12.99 paperback [+postage and packing]

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Special Educational Needs: A Guide for Inclusive Practice (2011)

40061 9780857021632 Special Educational Needs: A Guide for Inclusive Practice (2011)

With a Foreword from Baroness Mary Warnock, this book provides a comprehensive overview of the field of special educational needs (SEN). It contains chapters written by a range of experts on different aspects of SEN, and is full of practical suggestions for how to achieve effective, inclusive practice. Various research perspectives are considered, the value of labels is examined and the need to recognize the overlapping characteristics between different syndromes is highlighted. Chapters focus on translating theory into classroom practice, and include case studies covering the Birth to 19 age range.

There is coverage of:

- SEN and the state of research

- SEN and legal issues

- parents’ perspectives

- speech and language difficulties

- dyspraxia and occupational therapy

- dyslexia

- dyscalculia

- Auditory Processing Disorder

- Behavioural Optometry

- Attention Deficit Hyperactivity Disorder (ADHD)

- Asperger Syndrome and Autistic Spectrum Disorder

- Tourette Syndrome

Ideal for those undertaking teacher education courses, as well as experienced teachers, therapists and policy makers, this book is a guide to understanding and supporting learners with additional needs.  Janet O’Keefe and janet Farrugia have contributed Chapter 6.

Paperback ISBN: 9780857021632 £23.99
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