Mother wins fight with council over SEND provision

A MOTHER has come out victorious in her fight over her son’s vital SEND provision after being frustrated by a series of delays.

Ruth Williams believed her 11-year-old autistic child only started to receive the support he needs after moving from primary to secondary school and when she had no other option but to submit a complaint to the local authority.

But after months of frustration after complaining to Tameside Council’s children’s services department, an Education and Health Care Plan (EHCP) is being put in place.

But she does not want other parents in Tameside to go through what she endured.

Tameside Council’s SEND provision was heavily criticised in a recent inspection by Ofsted and the Care Quality Commission (CQC), with inspectors even believing failure to implement changes quickly enough means people ‘have continued to be let down.’

And Mrs Williams is fighting to get to the bottom of why her son was left without the backing he needs when he moved to secondary School – and getting it formally put in place.

However, delay after delay left her frustrated and a mediation meeting saw her request for an EHCP again rejected.

But a week later, she was told the decision had been overturned and ‘he should never have been refused to be assessed.’

However, Mrs Williams will still meet Tim Bowman, Tameside Council’s director of education, to discuss school failures at primary and secondary level.

And despite winning a rethink, she still told The Correspondent: “It’s all a disgrace to be honest.”

In an initial letter to Mr Bowman, Mrs Williams states: “I also only found out two weeks before my appeal was due for my son’s needs to be assessed, that the decision for this had been overturned.

“I received an apology email stating this was because it appeared not to have been received by the local authority. Please could I ask why this was not received?

“This prolonged the EHCP process and once again this added to my frustration and disappointment with the Local Authority.

“I believe it should never have taken my complaint for this to happen and/or for it to reach this stage.”

Mrs Williams, of Hyde, claims she was assured by her son’s former primary school support would be provided at high school for when he started.

But that was not the case, as no sensory needs support was given as agreed and implemented in his final months in junior school.

And the process of securing what should be so crucial has proved problematic.

In her letter, Mrs Williams adds: “When my son’s case worker telephoned me the day before the decision went to panel, she told me that she had a feeling that, ‘The panel will ask me to go back to the high school to ask for further evidence as there wasn’t much there.’

“Had all the support my son was entitled to been put in place, recorded and transferred, there would have been enough evidence to support an EHCP.

“The outcome would have been very different. The impact has been stressful to say the least. We have suffered emotionally, mentally and financially.

“The whole process has been time consuming and should not have been this difficult.”

Mrs Williams also believes her fight is not only for her son but for other children who find themselves in the same position.

And the conduct of the local authority shows why it failed its last Ofsted inspection.

She continues: “You have obviously not yet learned from what happened in my own situation and I urge you to change this so that parents do feel supported.

“I would like things to change so that I am the last parent in Tameside who has to go through this again.

“Throughout the EHCP application process I have felt that there have been many communication failures which have not yet been addressed and therefore matters have escalated to a point that has affected my family’s health and has caused my son’s needs to be ignored and not met.

“My case is a perfect example of why your SEND services have FAILED their Ofsted and CQC inspection.”

After the complaint, Mr Bowman confirmed to Mrs Williams the decision had been reversed, saying: “I believe we should not have refused your initial request for assessment.

“I believe that the decision not to issue an EHC Plan following assessment was robustly taken and was in line with our duties in the SEN Code of Practice.

“Despite this I am concerned about your continued anxiety that your son’s needs, in particular his health needs, are not well met.

“I am also concerned about your anxiety that there are not sufficient resources in place to meet his needs.

“For this reason, I have asked to concede the case before the tribunal and move to issue an EHC Plan.

“I apologise that this has been your experience. I am very keen to understand what support you believe should have been in place. I would like to discuss this with you further.”

A Tameside Council spokesperson said: “While we can’t comment on individuals’ cases, we always in circumstances such as this follow a full process involving parents, teachers and a panel and we will continue to work with the family.

“Following a joint visit from Ofsted and the Care Quality Commission to judge the effectiveness of our special educational needs and/or disabilities (SEND) service in Tameside, we absolutely recognise the challenges ahead of us and accept the areas of development that have been outlined.

“We are unwaveringly committing to improving at pace so that our children and young people are fulfilling their potential and families are guided and supported through a clear process that best meets the needs of their children in a timely and efficient way.”