Today is a day much like any other at the moment and after a mixed weekend of family, friends and looking to the future I woke bleary-eyed as the sun burst through my window and began to wonder what the week might have in store for me, something I’ve learned not to take for granted of late. A bank holiday always throws me so I grabbed my phone to work out not only what time it was (earlier than I wanted it to be) but also what day it is (Tuesday, all day). I also got another confirmation from my phone; I’m due in court!
Except that I’m not. Today was meant to be the day I faced Kent County Council to explain to them, and a panel of judges, why Victoria deserves an education, why she should have what most children take for granted and, most of all, why she should be happy. It seems bizarre that such basics of life even need discussing but if you child has “hidden challenges” then unfortunately this is a battle you must face. I say “hidden challenges” deliberately because they are not all that hidden when it comes to Victoria’s education; she was falling further and further behind her peers not because of a lack of intelligence nor behavioral issues, but simply because she was in the wrong environment to learn.
Someone once described a mainstream school for an autistic child as like “trying to learn in a nightclub” and if you’ve ever been to a nightclub with me you’ll know that you certainly don’t leave more intelligent than you went in!
Getting Help
However my local authority in their infinite wisdom pronounced that Victoria was “happy” and “making progress”, neither of which are valid reasons to reject a request for a specialist placement under statute law or the SEND code of practice. However, in a story that is being told in every local authority across the country, the LA are a law unto themselves. Or so they think. I knew I had right on my side and was sure I would get the right outcome for V, but after years of battling the LA (and it is a battle unfortunately) the only option remaining was to see them in court, and the date of the tribunal was set for today.
I had a choice: do I have faith in the British justice system and cross my fingers or do I not leave it to chance and do everything I can to ensure the right outcome for my little girl? Of course I chose the latter and, not having the funds to employ a solicitor to take on our case (yeah… I know!), I engaged with a number of professional organisations to get help, advice and importantly actual training on how to win our case in court. IPSEA are a great source of information and Birkett Long Solicitors offer free webinars and paid-for training for those in my position. I also had a one-to-one appointment with an expert at The Autism Show which is back in London next month.
I tried to learn it all but was crapping myself that I wouldn’t be able to do the honours here. This was a one-time chance to get Victoria into the right school before the damage already done was irreparable – no pressure then!
It’s over
It was just a week or so before Christmas and not long before the end of term when that weight was lifted from my shoulders by a call from someone at the SEND Tribunal Service to tell me it was over; KCC had conceded their position, accepting not only that Victoria was not in the right school, but agreeing that she would be going to Grange Park in Kent, the school I had been fighting to get her into for 2 years! What’s more, she could start immediately! I wasn’t ready for this but the wheels were quickly in motion to purchase uniform and PE kit, reminding me of my own rush to get such necessities when I discovered which secondary school I was going to 2 weeks before the start of term back in 1990.
Victoria’s first day in her new school felt surreal. It wasn’t until she was through those gates that I actually believed it. She went in beaming on that first day and has done so every school day since. But more importantly, she comes out happy and relaxed too which, despite always loving school and being well supported in her old, mainstream placement, the stresses of the day always took their toll and she would come home anxious, stressed and angry. She fitted straight in to her new class and has quickly settled, becoming more and more confident with every passing day.
A neighbour recently commented on the complete change she could see in Victoria; confident and chatty as a 10 year old should be. And it is a lovely coincidence that today, the day I would have been in court fighting to get V into Grange Park, we received a letter from Victoria’s Headteacher to tell us that she has been awarded a “Headteacher’s Commendation” which went on to describe her as “friendly and polite” and “an absolute joy to be with in school”.
Incompetence
I say “It’s over” however KCC still tried, just a few weeks ago, to place Victoria in our local comprehensive that is not only completely unsuitable for Victoria but is also being knocked down and rebuilt as the building is crumbling, much like KC themselves! After years of fighting and them finally backing down, they still had to throw another banana skin in our path, although luckily this fight lasted just a week before they saw the error of their ways.
Someone from KCC has also spent the past few weeks trying to send me an email. Unfortunately they are sending them as “secure messages” for which you need a password to read and obviously KCC are unable to send me the password. In fact, when I email them to tell them I need the password to open their messages they send me another secure email I cannot read! I don’t know where they find these people but there seems to be a lot of them working for the local authority at the moment!
Why?
I fully appreciate that we have been lucky. Most parents don’t get this far for their children. Many can’t face the fight, and that is completely understandable as it is daunting, especially if you are doing it without legal representation. But there is a lot of free and cheap help out there for those that are on this same journey. And the thing to remember is this: the LA often appear happy to see you in court not because they believe they are in the right and will win the case, but because they believe you will give up. Every parent that backs down saved them money and unfortunately this whole fight isn’t about what is right for our children but about the LA saving money. Money they only have to spend because the provision for those with SEN is woeful.
There simply aren’t enough places to allow every child (special needs or not) to be in the right school for them which means that those that do win the fight are travelling further distances they should be to get their children to school. And that means taxis… expensive taxis! I don’t have the figures to hand, but my hunch is that the LA spend more on Victoria’s taxi to school than they spend on her actual education – it what world does that make sense? Sure more schools, closer to where they are needed, would reduce the need for expensive taxis for our children, which are only provided because we cannot be in multiple places at once? School buses, provided by the LA, must be a better option that private taxis who are naturally working towards a profit? But most of all, more (mainstream) schools would mean smaller classes and better streaming, meaning many more children could stay in mainstream schools rather than specialist provisions.
Goodbye meltdowns, hello terrible teens!
Had I been in court today I have no doubt in my mind we would have won. That’s not arrogance on my part, but a simple belief that when you have right on your side you will get the right outcome. But the delays would have come at a cost of more time wasted, more education missed and more days ending in angry meltdowns that are so upsetting to witness but are largely now a rarity, being replaced by hormones and “teenage strops” that you’d expect of any 10/11 year old!
And I’d take a stroppy teenage tantrum over an anxious autistic meltdown every day of the week!