NHS and education issue

[mummy38]

Very long winded so bear with we. 

 

From an early age its was obvious there was something wrong with our son. 

 

NHS first

 

He was diagnosed with ADHD age 5.  And put on medication by the age of 6.  He was still having issues however they changed around his medication every so often.    He was having aggressive temper tantrums extremely poor social skills etc   he also has extremely poor Cordination and as he was progressing through school his handwriting was not developing no matter what we did.   He was assessed every 6 months by the community paediatric team and we raised this on every meeting.   I have ADHD and dyspraxia myself and my husband has ASD.   Our GP referred him a no of times for assessment, nothing was done. When my son was 8 I even emailed Cahms directly and begged for an assessment.  They emailed back saying he has adhed and did not meet criteria for further assessment. 

 

School

 

When he was diagnosed with ADHD Community paediatrics gave school a copy of his diagnois report.    I also pro ided a copy to teacher and school reception.  His childminder also got a copy, she decided she couldn't mind him a few weeks later but thats a whole other story.  Initially we hoped to manage without medication as I did but school pressures us to so we agreed.  We both worked full time so arranged appointments with school, teacher, head SENCO to discuss help and support.   1st meeting was organised for parent teacher evening SENCO failed to show up. This was a recurrent issue.   No issues given by school regarding ability.  

 

School were very private about what he was doing p/t meetings were very fluffy and and raised no issues about hi. Not performing academically.   Homework o ly given during holidays and were art projects, Nature projects.  Nothing academic.   As he got older it was obvious he was struggling with writing, this was brushed off as being normal and common for kids his age.   I continously raised this as a massive concern due to my own history. 

 

Throughout this time it was obvious no party invites were coming home, we held a party for his 7th birthday.  He wanted 10 kids to come.  Out of the 10 invites issued 1 turned up and no responses from anyone else. 1 girl was teachers daughter. 

 

At this time also he was upset every day coming home.  Also complaints of being bullied.   After the party disaster I arranged a meeting with the head.   I took time off work head never showed she was sacked.   This was end of June 15.  Everything was brushed under the carpet by school till new term start in September 

 

1st day of school I demanded a meeting with deputy head (acting head) and SENCO.   I raised all of the issues again, son being bullied issues with social skills and handwriting.  His school report at end of year was also very impersonal and nothing academic, stuff like math, he is a lovely child but gets distracted easily.  Must try and concentrate.  Asked about his statement of need and what was being done for him.   I distinctly remember the SENCO saying she had only started.  Our son had his 6 month review in the August and they had given in his report an instruction that he needed to undertake sensory circuits every day in school. SENCO assured us this would happen.  She advised she would arrange a specific meeting to go through the support he would get in class.  This was never done as for the year she refused to return any of my calls and failed to turn up for every meeting. 

 

In the January I demanded a meeting with the acting head.  The bullying had escalated and he was actually getting assaulted in school by 2 boys.  One was a neighbour and we couldn't let him play outside.   His one friend told him he could mó longer be his friend as he was scared of the bully.   The deputy head shouted at me and my husband in the office and dismissed all our complaints.  He shouted that our son was exhibiting racist behavior and it was our fault.  A new child started school that day.  The child was mixed race and our son asked the child was everyone in their family black or was there some white people.  My brother who is mixed race had spent the entire Christmas holiday with us.  He was extremely aggressive with us and kept shouting at us to leave. 

 

After this I tried to get him into 4 alternative schools.  None would take him as they were all full and had waiting lists.   I was ill myself at the time and went to the council in tears looking for an alternative place for him.  They put me in touch with a support worker and a new head was being appointed.  We managed to secure an appointment with her on her 1st week.  There was also a new SENCO.  The support worker set it out in black and white what support he should be getting in school.  He also just had his appointment with ADHD team and they had requested he do fine motor skills work in school.  We were looking for a statement.  School assured us he didn't need it and said they would draft a provision plan.  A copy of what support he would receive in class was emailed to me for approval.  The SENCO also emailed me to assure me the courses requested by his ADHD team would be undertaken.  The SENCO also advised she would discuss sons issues RE his fine motor skills and social skills at a meeting with a view to referring him for assesmet. 

 

Things seemed to improve, for the remainder of the year.   School report was still fluffy and not very personal to him.  At the end of May his teacher left under a cloud sub was brought in and parents were called in for a meeting.  Class was being split for following years as class had not been taught the curriculum.  A number of us requested to know what topics should have been covered and what was Misses.  This request was declined.  As a result PT meetings didn't go ahead.  The SENCO advised at this time that he had been discussed at the meeting and he did not meet the criteria for further assessments. 

 

At our sons August meeting with ADHD team, they advised that his review paperwork that they had sent to the school to be completed 3 times had not been returned.  They gave me a copy to hand in.  His meds could not be reviewed until they had this.   

 

In September I gave the paperwork and it took over a month for them to complete it and send it in.  Despite numerous requests I could not get the provision plan for him for that term My nephew came to stay over Halloween, he was 12.  He took son to playground in estate, literly at the back of our house.  Bully spotted them.  Son went back to house and bully approached nephew.  He mistook nephew for kid moving into neighbours recently sold house.  Said to my nephew you shouldn't play with that retard as no one will be his friend.   Nephew told hi. To shut his face and if he spoke about his cousin like that again he would regret it. 

 

When they returned to school sons football gear was stolen along with his clarinet.  They were in a gear bag on his peg in the hallway which was covered by cctv.  When this was reviewed it was discovered it was the bully. He was suspended.  Whe. They returned to school the bully,, who does MMA, tried to kick son into the face, missed and got the teachers daughter into the face.  The following morning the bullys mother attacked son in the playground.  We removed son at this point from school as they would do nothing to protect him.  

 

At the same time as this happened I was having huge issues at work.   I witnessed my manager doing something untoward to one of my colleagues, I was a witness in a tribunal against him and he made our lives living hell. This latest incident with our son was the exact moment I decided enough was enough, I removed him from school, resigned and put our house on the market. 

 

I rang the support worker and she put me in contact with a home school team at the council and I registered to homeschool him.  They came out immediately gave me a copy of the curriculum.  I quickly realised he was no where near where he should be.   I literly had to start from scratch with him.  

 

I homeschool him from November to May and I quickly discovered the following regarding his academic subjects.  His writing ability was way below what it should be.  He cannot grasp math at allhe is however gifted with languages, science, history, geography and IT.  He had however no knowledge of any of the topics on the curriculum 

 

We attended his clinic in Feb as usual, they didn't want to know.   The actually said to me as I removed him from school they couldn't do a medication review and seeing as I was so concerned about his social skills why would I remove him from a social setting. 

 

We moved country in May and he was enrolled in a local school on the Monday, on the Friday i was called in and his teacher, SENCO and principal asked me why was he never assessed for autism and DCD.  They referred him that day. 

 

His ADHD team here also confirmed he was on only on half the recommended dose for his weight and height of his medication.  

 

He was diagnosed with DCD by last September and confirmed Autistic by the start of this year.  He is also being assessed for dyscalculia, however they need his school records from the UK. School have refused to hand them over.  His current school have emailed them 20 times, they ignored all emails.   His current principal forwarded the email chain to me, I sent it to the school and requested his full records under GDPR.  They have responded sending me just the fluffy school reports.  No full records.  I threatened again to report for breach of GDPR and got a basic document along with blank provision plan, never signed off by the teacher and progress part was empty. There is also nothing from senco. 

 

This paperwork has shown up something very interesting.   I had discovered through the problems with my own manager that he was very good friends with the acting head of the school.  3 weeks after I gave evidence against my manager the sensory circuits recommended for my son by the ADHD team was stopped by him.   I also know by complaint to the NHS that at the same time he responded to them stating there was nothing wrong with my son and no referral was necessary. 

 

I have filed a complaint with the NHS

 

1) missed diagnosis 

2) failure to even consider assessment 

3) incorrect dose of medication 

 

As expected they are denying it and laying the blame with the school. 

 

I have however the GP referrals, the emails I sent myself.  Every report they issued also mentions we raised these issues at each 6 monlthy review.  We also have his diagnosis and his ADHD review stating his medication was less than a quarter of the minimum recommended dose for his weight and height.  There was less than 4 months between his last NHS review and his assessment here. 

 

School have completely shut down and closed ranks and so have the council. 

 

NHS complaint has gone to the parliamentary Health Ombudsman today. 

 

What do I do with school?  

 

My main objective is to make sure this never happens to any child again

 

My son has had 6 months of intensive OT sessions and he has also had to undergo nearly a year of counselling to deal with the bullying he experienced I. School.  He was able to write his name legibly for the first time in his father's day card.  I am so proud. 

 

He is now in an amazing school.  They are doing everything they can to try and make sure he has a bright future.  While we are getting his writing sorted he has use of a laptop for work. 

 

We do however need his history with math to see if he does have dyscalculia 

 

I have tried sourcing solicitors in the UK to help but no one will touch it 

 

If you have read this far and can offer any advice it would be very much appreciated 

 

 

 

[AndyOrch]

I have moved your thread from General legal Issues to the NHS Forum._Please continue to post here to your thread.

 

Regards

 

Andy

[Ethel Street]

You moved country in May. May 2019? Which country are you in now? Prior to May were you in England from when your son was born?

 

You say "I have tried sourcing solicitors in the UK to help but no one will touch it". Did they say why they wouldn't touch it? 

 

 

[mummy38]

We moved in May 18.  I lodged the complaint with the NHS in August 18 when we got the first confirmation he had DCD along with ADHD.   It was at this point we also got the written report that stated he was way under medicated. 

 

I can't seem to get a straight answer from solicitorssome say its not NHS its education and that's not their field others say its NHS not education.  The majority won't touch it as I'm out of the country in Ireland 

[ericsbrother]

if you have any evidence of documentation being witheld by the school you can go after the head with an injunction but you need to be careful as the mental health of your son is a reson for not complying with a SAR.This would be very convinient for both the school and the NHS.

getting yur MP involved at the time might have been fruitful as they couild use the parliamentary Ombudsman to order things if the minister of the department didnt pull their weight but i doubt if you have the right to request involvement now.

[Ethel Street]

From what you describe I would have expected your son to have and EHCP (Education, Health and Care Plan) - an SEN Statement as it was when first diagnosed at age 5. Did he? If not did you request a formal assessment for one from the council?  If there was an EHCP what was your involvement in it originally and at annual reviews? What additional support and resources did the EHCP say your some needed and did he get them?

 

ADHD is likely to be a Disability under the Equality Act, and the school were advised of this when your son was 5 years old. Did your son's medical advisers make recommendations for how the school should support your son? These would almost certainly be recommendations for 'Reasonable Adjustments' under the Equality Act. Were you advised at any time that failure by the school to implement Reasonable Adjustments or the recommendations of an EHCP you had a right to go to the First Tier Tribunal for SEND? Unfortunately you normally need to bring a FTT SEND claim within 6 months so you are probably well out of time by now.

Edited June 21, 2019 by Ethel Street

[mummy38]

4 hours ago, ericsbrother said:

if you have any evidence of documentation being witheld by the school you can go after the head with an injunction but you need to be careful as the mental health of your son is a reson for not complying with a SAR.This would be very convinient for both the school and the NHS.

getting yur MP involved at the time might have been fruitful as they couild use the parliamentary Ombudsman to order things if the minister of the department didnt pull their weight but i doubt if you have the right to request involvement now.

I'm confused as to how the MH of my son would require documentation to be withheld.   The education and health services need the documents to help with his surrort and help here

[mummy38]

3 hours ago, Ethel Street said:

From what you describe I would have expected your son to have and EHCP (Education, Health and Care Plan) - an SEN Statement as it was when first diagnosed at age 5. Did he? If not did you request a formal assessment for one from the council?  If there was an EHCP what was your involvement in it originally and at annual reviews? What additional support and resources did the EHCP say your some needed and did he get them?

 

ADHD is likely to be a Disability under the Equality Act, and the school were advised of this when your son was 5 years old. Did your son's medical advisers make recommendations for how the school should support your son? These would almost certainly be recommendations for 'Reasonable Adjustments' under the Equality Act. Were you advised at any time that failure by the school to implement Reasonable Adjustments or the recommendations of an EHCP you had a right to go to the First Tier Tribunal for SEND? Unfortunately you normally need to bring a FTT SEND claim within 6 months so you are probably well out of time by now.

We tried in fact I begged the school for it.  The old head said we would discuss it but then got sacked.   The acting head abused me and the new head said in from of the support worker that he didn't need one as he had no cognative difficulties. 

 

I emailed the council directly at the time of the acting heads involvement.  They responded stating that school advised it was not required in my sons case and they refused to discuss it over. 

 

My biggest issue was I couldn't prove he needed it until I had him in a new school.  My gut instinct told me there was something wrong.   I didn't go to school in the UK and I had no idea of the curriculum.  We were never given any access to the work they were doing or what they were covering.

 

I could only prove for certain he couldn't write and school constantly dismissed this as nothing to be of concern. 

 

I actually begged them to the point I made myself ill. At one point they told me they would prevent me from coming to the school if I didn't stop.  

[ericsbrother]

re confusion over supply of documents- they can withold them from you/your son, that is not the same as not circulating them amongst other professionals etc

I didnt say REQUIRE either

[mummy38]

4 minutes ago, ericsbrother said:

re confusion over supply of documents- they can withold them from you/your son, that is not the same as not circulating them amongst other professionals etc

I didnt say REQUIRE either

Sorry the require is they really do require them here.   

 

It's ré cognative assessments and a full educational profile is necessary.  It's making the whole process extremely difficult and he will have to go through numerous more assessments than he should if we have the documentation