The mother of a severely autistic boy who has missed education for two-and-a-half years is finally sending him to school. Allana Carvells reached an agreement with Salford council for 10-year-old son Joshua to be taken to Kingfisher School in Oldham, from her home in the Walkden area of Salford.
The deal, in which she has been given an allowance to organise a taxi service herself, brings to an end a long-running wrangle with the council over Joshua's transport to the special school. "It's been a long and arduous process," said the mother of five, "but Joshua is finally going to get to school and meet his new classmates."
Joshua was placed at Kingfisher School after she was told by Salford city council that there were no places for SEND (special educational needs and disability) children in the borough.
And the Carvells' plight has brought to the surface other difficulties in education provision for SEND children in a city in which thousands of children have been identified as requiring support.
Two recent cases, in which the Local Government and Social Care Ombudsman found against Salford city council, forcing it to compensate parents, have highlighted the pressure on the system.
As reported by the Local Democracy Reporting Service on December 12, the Salford authority handed over more than £3,000 to the mother of a boy with autism, following failures which resulted in him missing four months of school.
Similarly, on November 4, it was reported that the Ombudsman slammed officers and senior managers at Salford who knew a girl was without education for two school terms but 'failed to take responsibility'. That mother received £4,000.
Now, mothers of a number of children have come forward in response to the Carvells' story, first featured by the Local Democracy Reporting Service on November 9.
'I thought my tribunal win would be the end of it - I was wrong'
The issues faced by the group of parents, who wish to stay anonymous, illustrate the scale of pressure on the system. All their claims have been put to Salford council, who say 'the underfunding of SEND services is a national issue and requires a national response'.
The parents include the mother of a 10-year-old with autism who claims he is not getting the speech therapy he needs. She first requested it because she was concerned that he was 'regressing', and paid for an expert report by a private speech therapist who recommended that he get a lot more support.
"The council refused to change his school and his plan," she continued. "I appealed this decision, and got further expert reports, supporting my claim that the council was not meeting my son's needs.
"The council conceded that he should move schools, but refused to change anything else."
She took the council to an [Educational Needs and Disability] tribunal on August 23 and won.
"Every single aspect of my appeal was upheld," she said. "My child was to get everything he needed to support his learning and development. I thought that would be the end of it - but I was wrong."
Despite the tribunal's ruling, she says, he's still not getting the therapy promised - which, she says, means the council is 'breaking the law'.
"I am a member of various Salford parent carer forums and my experience is typical of many others," she added. This is a widespread and serious problem, with some children not going to school for months and months, not in the right schools, or getting the right support."
Describing her situation as 'the tip of the iceberg', she says she is now planning to take her case to the Ombudsman, adding: "In the meantime, my son is being failed every day."
Salford council says that where 'specialist provision is part of an EHCP plan' it can take time to source. Describing itself as 'acutely aware' of the impact of delays on families, the council said the 'far from ideal' situation 'reflects the resource pressures we face'.
'The council's spent tens of thousands on fees on a school that isn't right for him'
The case of another mother, who has a 13-year-old with autism, highlights the duty local authorities have to educate children who struggle with mainstream school.
He first stopped attending in May 2019 because of mental health difficulties. His mother paid for an independent educational psychologist to assess him, and then complained to Salford authority about the lack of alternative provision for him under Section 19 of the Education Act - the law which places a duty on all councils to ensure that 'all children of compulsory school age, who by reasons of illness, exclusion or otherwise, would not otherwise receive a suitable education in school are in receipt of such'.
After an application for an Education Health and Care Plan in June 2019, followed by an appeal, a complaint and a tribunal, the boy finally got a place at a school for children with emotional and mental health difficulties in January 2021, with social care provision awarded.
However, by October 2021 he had stopped attending again. An Ombudsman's complaint was upheld in January, 2022 over six months' missed education he missed, and Salford city council was ordered to pay his mother a total of £3,500 in compensation.
In all, the mother believes the council has paid almost two years' worth of fees - at £70,000 a year - to a school that isn't right for his needs, when she believes he needs to be educated out of school. In fact, in October 2022, following a tribunal, the mother got the alternative provision she had been fighting for.
"The crux of the issue here is the sheer lack of accountability that the council seems to have. People are frightened to complain because they might get known as a 'complainer'. Their communication, which is a huge issue, is absolutely awful."
Salford council says it acts in line with SEND regulations, but "we know that the council will not always get its responses right".
'They seem to have accepted my daughter's absence - no one has tried to prosecute me'
A third mum has two children with complex needs. Her son has been excluded 12 times and missed 20 school days, forcing her to quit her job.
A recent referral to a pupil referral unit was rejected but, despite numerous requests, she says Salford's inclusion and welfare service has taken no action, in spite of the council's duty under law to provide alternative provision for children with special needs who can't go to mainstream school.
Meanwhile, her daughter, 14, started to struggle with school attendance in 2021 because of her mental health difficulties, but no alternative provision was provided for the periods she wasn't going.
"The local authority seems to accept her absence and have not started prosecution proceedings. My daughter is currently back in school, but didn't attend school for more than a year," the mother said.
"An official complaint was submitted to Salford city council, but as yet I have had no response whatsoever."
Salford council said each of the nearly 9,000 cases in the borough with SEND requirements or a health plan involved an 'individual child' whose 'challenges can be specific, multi-faceted, complex and detailed", adding "there will always be improvements that can be made. "
'Traumatised boy, 12, 'hasn't left the house since August'
A fourth mother, whose son, 12, has attention deficit hyperactivity disorder (ADHD) and autism spectrum disorder (ASD), says he has been 'traumatised' by being forced to go to mainstream school, against, she claims, the advice of professionals.
"After much debate, Salford insisted that mainstream could meet his needs," she said. "He started Year 7 in September, 2021 and it was apparent they couldn't meet his needs or keep him safe and he was suspended or placed in isolation on a weekly basis. Fourteen times, to be exact.
"An urgent review was called in April, 2022 and the school admitted it couldn't meet his needs or keep him safe."
Weeks later, the mother withdrew him from attending school in person, feeling she had 'no choice'. His plan is due to be discussed in March.
"There is still no alternative provision in place to meet his needs," she said. "The council is still failing to respond to tribunal deadlines and there is still no reassessment or appropriate school place.
"I am so sad and frustrated about this, yet his current high school welfare team are on my case every day about him not coming into school.
"My son hasn't left the house since August, 2022. It's very likely that the ordeal of going to mainstream school when he should've been specialised has traumatised him."
Salford says their focus 'is always the best interests and welfare of each child'.
'I battled for support and didn't get it - now both my sons are agoraphobic'
A fifth mother has two boys with suspected autism, but says she was denied support and has struggled to get diagnoses for them.
She said both boys suffered high anxiety behaviours while in their mainstream primary school. Following a long, drawn out battle over their provision with the authorities, she claims both boys are now agoraphobic and have no peers or social interaction other than alternative provision sessions. They have high anxiety and struggle with structure and sleep.
"Both boys have no trust in authorities, professionals and adults in general due to being batted about numerous services, as they didn't have the diagnosis to meet the tick box criteria throughout," she said.
'My son was suicidal - we had to leave Salford to get the help he needed'
Meanwhile, a sixth mother says her 11-year-old son, who has autism, became suicidal while being educated in Salford, who she says failed to award an Education Health and Care Plan to him, and wanted to send him to a school for children with profound multiple learning difficulties, despite his 'high IQ'.
"He suffered from almost constant bullying and was seen by the child and adult mental health service (CAMHS) due to increased anxiety," she said, describing how he first began to struggle with attendance in Year 5.
"Following a diagnostic pathway, he was diagnosed with autism spectrum disorder," she added. "During his transition to high school he continued to struggle and self-harmed as well as displaying signs of suicidal ideation.
"The school said they were unable to meet his needs. I then viewed specialist autism provision out of the area."
By this point, her son had been 11 months out of school and 'his mental health had severely deteriorated'. It's only by leaving Salford, she claims, that he has been able to get the support he needs.
"We moved out of the area in December, 2021. His Education Health and Care Plan was quickly reviewed and agreed on the specialist provision. Tribunal proceedings were stopped. He continues in this provision, and is making good progress."
Salford council says the role of parents is 'key' to children's successful development, adding: “If the right provision for a child isn’t available within the city we will do our absolute best to meet those needs within a reasonable travel distance."
'A broken system'
The charity IPSEA - the Independent Provider of Special Education Advice - says the SEND (special educational needs and disabilities) system in the UK is 'broken'.
"Many tens of thousands of children and young people with SEND across England are not getting the education, health and care support they are legally entitled to," a spokesperson said.
"The SEND legal framework is very clear about what local authorities, education providers and others must do to support children with SEND, but the law is routinely not applied and there is insufficient accountability for unlawful decision-making."
A spokesperson for Salford city council said: "In Salford there are 6,030 school-age children identified as requiring SEND support, one in five, five-to-16-year-olds. In addition, there are a further 2,698 children with education, health and care plans (EHCP).
"The underfunding of SEND services is a national issue and requires a national response, with problems escalating and exacerbated during COVID.
“Each of these 8,728 cases is an individual child and their challenges can be specific, multi-faceted, complex and detailed.
“The focus for the council is always the best interests and welfare of each child and it is important that where EHCPs are needed that solutions identified are supported by parents as well as the local authority, agencies and schools.
“The local authority acts in line with SEND regulations and this quite rightly includes the parent’s right of appeal to a tribunal, providing a legal way to test decisions, address disagreements and find an agreed way forward. It is a key aspect of the SEND system, with 0.02 per cent of appealable decisions resulting in tribunal proceedings in Salford.
“Where specialist provision is part of an EHCP plan, it can take time to source and we are acutely aware of the impact of delays on families. This is far from ideal and reflects the resource pressures we face.
“If the right provision for a child isn’t available within the city we will do our absolute best to meet those needs within a reasonable travel distance.
“Parents are key to the successful development of their children. The council provides a service, SIASS (Salford Information, Advice and Support Services), which helps parents navigate a complex system.
"We also have active parent carer forums and a parents assembly which works with the council on priorities and ongoing changes needed. We know that the council will not always get its responses right and there will always be improvements that can be made. Our head of service for SEND would also welcome a meeting with these parents.”
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