Our Story - K v Barnet LEA (June 2005)
"Raising children is a demanding job. It is a responsibility which remains the parents’ constant duty to do for their offspring. It is a labour of love and asks that the utmost be done for their off-spring. A parent should want to give their child the best chance they can get in life.
Society creates given frameworks into which all our children are meant to be able to adapt, develop and advance. One of these givens is called school. Unfortunately, not all children slide into these given variables which are meant to nurture them. The spectrum of children who in fact fall out of the boundaries set by society is mind-boggling. Simply, it ranges from the gifted to the disabled in various forms or those with special educational needs.Precious children who can do practically everything if nurtured in an environment defined to meet their scholastic needs. But as part of the school system defined by society there isn’t a in place created for these type of children within the normal boundaries of mainstream schools.
The disastrous effect is the suffering and limitations inflicted on these children. In addition to their own pain is the ripple affect it has on that child’s parents and siblings. Children naturally want to use their G-d-given talents. But it becomes suppressed when these children aren’t given their fair chance in life. They are denied the opportunity to discover themselves in school. The eventual negative result is that it limits their chances in being able to promote themselves as successful individuals within society. It segregates them emotionally, socially and academically. It also starves their IQs.
We have two children with special educational needs. We saw them experiences all of these challenges created by a school system which couldn’t nurture and support them. Outcasts, unwanted, unappreciated and undeveloped. The helplessness and pain which a parent experiences while being a bystander to their childrens’ predicament defies description. The anger, frustration, unhappiness, and despair is a heavy load to bear.
It is exactly at this moment that a parent feels compelled to outwit the norms defined by society and pro-offer their children the keys to open all the locked doors set out in front of them. This implies many forms of specialised help which needs to be made available to these children. Be it specialist teaching, LSA, OT, SaLT etc.
Since society predefined what every child needs the allocation of any substantial extras aren’t included into the regular school education. It is at this moment that the school and/or parents need to place a request for assistance which other students aren’t receiving. Since this isn’t part of the norms, special permission must be obtained by the body governing these extraordinary circumstances. They will evaluate each case individually and pass verdicts as to whether or not they are prepared to provide the funds and possibly staff required to educate and met the needs of the child. It is a great relief for the child and its parents when this recognition is granted.
It can also happen that support is either refused or inadequate. This means that the child is still left fully or partially disabled. This awesome allocating task is the responsibility of the LEA. It is just at this moment that help, understanding, encouragement, and support is essential. It is exactly at this moment when parents need strength and Tarzon-like war cries.
This is what is required when an individual needs to fight for someone versus a group being provided with a set of givens. It demands an unbelievable will-power to win whatever you can for your child. It demands diligent and dedicated efforts from the parents. It also requires the cleverness, understanding, realistic, honesty, and insightful support of an individual who knows all the ins and outs of the legal implications surrounding the requirements of special recognition.
We are told by the LEA that parents can successfully win the battle without the help of a solicitor. Perhaps sometimes that is the case. But often it is not the case. It is crucial that the parents send a meaningful and targeted cover letter requesting a Statuary Assessment to the LEA. It has to be a good presentation of documented and given facts pertaining to your child’s challenges and needs. One also has to be able to interpret the response of the LEA. Sometimes they fulfill the child’s needs and sometimes they want to escape their obligation to the individual. It may even happen through lies and tricks.
We would never have made it through the difficult challenges without the expertise work of Douglas Silas and his outstanding team. Douglas has been magnificent for us. He pulled us through a rough statuary assessment, tribunal, and almost an appeal to the Higher Courts for one of our two children who acquired a statement through his hands.
Douglas knew what had to be done at every twist and bend of this heart-rending story that dragged 1 ½ years to meet our son’s needs in a mainstream setting. He held our hand and told us what to do and what to expect throughout this difficult time. He even had to calculate the hours and financial support necessary from the LEA in order to avoid being cheated by the LEA in a devious way.
Our daughter’s case was less complicated because the LEA (different borough) was more co-operative with her. Nonetheless, we needed Douglas to steer the situation to place an appropriate request for a statuary assessment. Her needs weren’t so obvious to the untrained eye. Douglas had to set the LEA’s focus to exactly where the problem lied by drawing their attention to her very subtle but serious issues.
The type of problems our children face is dyslexia and reading comprehension issues. Both are of severe nature. Our children suffered emotionally, socially and academically until an especially created support came into place for them in the form of a Statement. Once they were adequately supported their other problems began to subside. It required special attention and hard work from the schools. But they didn’t let those children down.
We are happy to say that they are adjusting very nicely within society, are being properly schooled and being given a chance to acquire the necessary skills to succeed in the broader community as independent individuals. Douglas, we salute you! You are magnificent and we will always remember your devoted care and great efforts to take care of our children. This also applies to your dedicated staff who were also always available for us when we needed them.
We wish you further success for all the other precious children who justly deserve special support to also make them into competent human beings. My last word is to the parents: Never despair. Believe in yourselves and your children. Do what you can for your children and remember: Pray."
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