Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
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    Default son with s.e.n advice needed asap

    hiya ,
    we have a son who has a high level of special needs who attends mainstream school ..... all these needs were there when he started school and remain very similar today he is currently he is now in year 2 to go into yr 3 in september .....he is in receipt of dla and due a renewal ....the problem is he has bowel problems ....basically severe consipation which has in course caused incontinence due to loss of sensitivity in the bowel so he can soil himself ......he has periods of non soiling and soiling and this is teated by te incontinence nurse in our local hospital ..... my sons school (although he has had issues and they have been present since starting although like i said he has gaps ...sometimes months ...inbetween bouts of soiling 0 have said they wont change him !!! Before the end of half term I asked for a letter to say that if he has any soiling incidents they wont change him and we ll have to do so .....The SENCO has refused this saying that as it has only happened once recently ( it has in fact happened 3 times , once he came home at the end of the day soiled , once he came home minus pants where he hadn t told his teacher and he had thrown them away) she wasnt prepared to write the letter .....The last incident he had was before xmas (on the day of his party) he messed himself and school refused to change him and we were xmas shopping and it took us 30 minutes roughly to get back and he was expected to sit in dirty pants all this time which fortunately he was oblivious to but i found to be very distressing in fact i broke down in tears at the school....any way what I would like to know is what can I do about this.....frstly I dont think it was fair that he was isolated and not changed for a considerable amount of time ....My mum got my brother to drive her up to the school but it still took about 20 - 25 minutes ...( i had told the school that he was going through a bought of soiling and sent in clothes wet wipes etc etc )..... secondly Im sure the school dont want to write a letter just because it ll make them look bad ....... but what can I do about it .....many thanks and I hope somene can help ....regards lesley and simon


  2. #2
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    Default Re: son with s.e.n advice needed asap

    Does your son have a statement? If so then I believe it is the head's responsibility to make sure it is fully implemented, however if his bowel problems are not on the statement you can call a review to have this added.If not statemented you can request one through your LEA.

    Personally the school sounds appalling, without the SEN the way they have treated your boy is neglectful and insensitive to say the least!

    I'm sure someone else will be along that maybe can offer a bit more indepth advice soon


  3. #3
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    Default Re: son with s.e.n advice needed asap

    unfortunately he does not have a statement ...we live in somerset and unfortunately there seems to be very few children with statements ...we have tried and failed to get a statement ....although will be trying to re apply in around 2 months as will be past the 6 month between appeals then ....thank you for your reply .... I am disgusted by the way he has been treated by the school ...If I were to leave him in soiled underwear Im certain social services would have something to say ......but the school seem to be a law unto themselves ......previously under the head master before ( he said if need be he would change him as it wasnt fair ) I even said this was against his basic rights ....and told them if You had an animal left in its own excretement animal welfare groups would be throwing a fit ..yet its fine when its a little boy ???? I just dont know who to complain to ......and Im almost definately going to have to change schools to one which is more supportive lesley


  4. #4
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    Default Re: son with s.e.n advice needed asap

    What reasons were given for his statement being refused? If your son is in receipt of DLA then he is registered as disabled (someone correct me if I'm wrong) and the school is breaking the the law dicriminating against your son. Have you spoken to the head and if so what was their response?

    you may also find this helpful

    Independent Panel for Special Education Advice (IPSEA)

    Also if you contact Parent Partnership Services they will be able to offer you independent support and advice.


  5. #5
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    Default Re: son with s.e.n advice needed asap

    Hi it was refused as apparently he had enough help /support given any way and they considered him to be getting enough on lgdd1 they asked school for a write up but they never mentioned any soiling ignored.......we spoke to head at the time of the latest incident and was told that we d have to come in to change him as there is no one available to do so ( although I know that another little boy is in pull ups and soils/wets himslf and he gets changed , he is in reception though and I know this as he is my ex - husbands son ) .....The school also seem to fabricate information to make themselves look better a couple of examples of this are , the occupational health therapist said he needed pencil grips ....I said I was pretty sure that he doidnt use one ....they sent the report saying that I said that to school and I was then told yes he does ....but when i went into his classroom with him this morning there was one being used by another child with special needs but no others available even I know one pencil grip cant be used by several children at the same time I did at one point send in pencil grips for him to use but they were left in the wrapper in his bag !!!!!..... they also said he had now decided which hand he was using for everything and it was his left hand ...i then said to the o/t that no I was pretty sure he used left to write right to cut etc they looked at me like I was some numpty and said the school said he used one ....so they got him to do some cutting and writing ....and I was right he does still use both ....
    I agree that as he is disabled and has been excluded due to things that were origionally disclosed to them he is being discriminated against but how do I complain and to whom ??..... Like I have said am almost certainally goinng to swap schools but I dont think they should just get away with it .... when I have mentioned on one occasion ...I was advised by the doctor to maybe consider a special needs school ...I was told that he had lots of friends at the school and they wouldnt support us in applying and was made to feel really guilty for suggesting it


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    Default Re: son with s.e.n advice needed asap

    also the educational psyhcologist said he should be on lgdd2 but the school didnt try to get this .....


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    Default Re: son with s.e.n advice needed asap

    If you want to make a complaint, first make it in writing to the head making it clear what the specific problems are and how you expect it to be resolved. Send in any copies of letters from the hospital or doctors to show proof of your son's medical problems. You will have to follw the school's own complaints proceedure first and you can request a copy of this from the head.

    Start keeping a written diary of all incidents, such as when he soils, how often etc, also tell his class teacher every time so they are aware even if he hides it and keep a record yourself.

    If nothing is resolved this way you can complain to the chair of govenors at the school. The complaints proceedure should tell you how to do this. The next step would possibly be OFSTED but you need to go through the proper channels with the school first.

    The head cannot just say there is no-one to change your son and expect you to come in every time to do it, absolutely ludicrous!

    What did you mean he has been excluded? Did you mean from school or from activites and for what reason?

    Hope this helps a little, let us know how you get on


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    Default Re: son with s.e.n advice needed asap

    One other thing don't feel guilty for suggesting a special needs school, you sound like a very caring mother and it is your decision within the law which school he attends and you are very important in that decision. Please do appeal against the statement as this will allow you to choose which school he attends.

    There are lots of people on here with a much wider knowledge than me, if you need to ask any questions do so.


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    Default Re: son with s.e.n advice needed asap

    Hi I will do as suggested and hopefully get somewhere ...I shall re apply for a statement and see where it goes from there ....when he soils he has been sent home which to me is exactly the same as excluding him ....he was expected to go home on the day of his xmas party and it was only because I said it wasnt fair and made a bit of a fuss he was allowed to attend ...thank u again for your help and I will let you know how it pans out .....lesley


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    Default Re: son with s.e.n advice needed asap

    How upsetting for you, your boy has every right to be included and to have fun, how appalling for the school to treat you this way. Be firm, the school has a duty of care and they are obviously failing in this. I know sometimes it can be intimidating coming up against professionals but you have to push as you will know.

    Is he under school action?


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    Default Re: son with s.e.n advice needed asap

    yes he is under school action plus this is part of the reason his statement was refused as enough care should be included in this .... the school wasnt very helpful in our application .... in fact they were pretty much obstructive of it ....He has a younger brother that is in the same school and although we dont compare any of our children ( we have 8) we obviously can see the differences between them both positves and negatives ......but when we suggest that our son is miles behind our younger son the head tuts and says we shouldnt compare him .... but with out charts etc we dont know where he is or isnt so can only compare him to siblings ......they just seem to do their utmost to make you feel guilty for caring ..... I wish we could afford to have him independantly assessed as I think sometimes the senco just ticks boxes on charts to make it look better for them..... anyway I will definately write a letter of complaint and make sure they deal with it if not take it furthur and approach the governors then go from there ....


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    Default Re: son with s.e.n advice needed asap

    Does he have a diagnosed condition?


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    Default Re: son with s.e.n advice needed asap

    No unfortunately he doesnt ....he has global delay with the exception of gross motor skills ( in fact these are extremely good) ..his bowel problem is thought to be due to loss of sensitivity due to constipation although he has never actually been fully clean and still has bedtime wetting ......


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    Default Re: son with s.e.n advice needed asap

    Has he been seen by specialists at your PCT? Does he have behavioral problems? Maybe a little info would be helpful, only if you are comfortable of course.


  15. #15
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    Default Re: son with s.e.n advice needed asap

    He has been seen by a peadiatric doctor and has genetic testing ....he has behavoural problems as well as the quite severe learning difficulties .....he has also seen the occupational health therapist ....but because he is making progress albeit very slow everyone seems reluctant to do too much ...the doctor was very helpful and has said if he has any new problems he can be seen again ...he has input from speech therapists ... Hs behavoural problems are contributed to his lack of basic language skills and poor understanding as well as his developmental delay ....Im actually still waiting for the senco to phone to tell me why she has refused to let me have a letter saying they are unable to change him , I asked in a polite manner explaining it would help to have a record of them not being able to change him in the past or future due to a lack of staff / amenities .... Im sure she doesnt want to write one due to the fact that her admitting they are prepared to let him sit soiled wouldnt bear very well in others eyes !!!!! The teacher said she hasnt the authority to write it instead ....I just think they are crossing their fngers and hoping we go away ... I have backed off slightly over the last few months as we had just had a baby but now we are feeling a bit more with it I feel its time to try and sort out issues sooner rather than later especially as he is meant to be going up to junior classes .....lesley


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    Default Re: son with s.e.n advice needed asap

    Congrats on the baby, you must have your hands full! Have you been to have a look at any other schools? Continue with your complaint but if you are unhappy it might be worth your while to have a look around, keep your options open.

    How long has it been since he last saw his consultant? Have they ever given you any opinion on why he has DD?


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    Default Re: son with s.e.n advice needed asap

    Not as yet gone round to look at schools but have been looking online at ofstead reports of a couple local ones ( although the school he is at has a v good one for sen) he last saw a consultant around a year ago .... he was discharged as there is nothing they can actually do for him .... They have said that his dd may have something to do with his prematurity ( 6wks early) or could be one of those things .....my hubby has dyslexia but obviously he has more issues than dyslexia .... he was fine with all his mobility milestones and is great at things like football etc , he was fine with speech until 18 months then it more or less stopped , although he does pick up things albeit very slow ....acording to the school he has just come off of the preschool charts and he is going up to juniors next term .... up to xmas he couldnt write his name consistantly ( he still cant do his surname ) ....the school said that things are fine because he is making progress but the gap (between him and his peers) in our opinions is increasing instead of decreasing or staying the same ..... lesley


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    Default Re: son with s.e.n advice needed asap

    Has anyone mentioned autism or aspergers to you?


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    Default Re: son with s.e.n advice needed asap

    No , neither have been mentioned , I know of another child who was at the school who is now in year 7 secondary school and his autism was onlt diagnosed in year 6 and his mother thinks this was partly due to the school playing down her concerns ....Me and the hubby have discused it and think that we should deinately go and have a look at other schools


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    Default Re: son with s.e.n advice needed asap

    Right I am no doctor (obviously) and I have never met your son but from the little information you have given makes me think he MAY have been missed, this is my own personal opinion only. It might be worth your while to read up on it a little and go back to your consultant and ask to be referred if any of the information you read rings any bells.

    The consultant wouldn't be able to tell you as it is a lengthy process (it takes around a year).Have a read up and see what you think.



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