By Mal Butler
A former schoolteacher has battled for seven years to get his daughter a full-time education without success – despite winning a Tier 1 Tribunal Court battle against the IW Council.
Jeff Welch, of Brighstone, says his daughter, Jess, 19, suffers from autism, polycystic ovary syndrome, type 1 diabetes, severe anxiety and ME – myalgic encephalomyelitis which causes severe fatigue – all of which are chronic and potentially lifelong. She is unable to attend mainstream education and, Jeff says, her needs have not been met. He contacted the IW Observer after reading our recent article that disclosed the council was paying £400 a week to transport one young person to Birmingham for education purposes.
Believing that the long-running saga has exacerbated Jess’s condition and affected his own and his wife’s, Jackie’s, health, Jeff says he feels like he has spent years ‘bashing his head against a wall’.
EHCP in place
Jeff, a teacher for 26 years, said: “Jess was at the Island Free School, when she was diagnosed with diabetes at age 12, and this set off the other issues which occurred over an 18-month period. They were unable to deal with her medical issues. She then went to the Island Learning Centre, but they didn’t understand her educational needs.
“Jess has an Educational Health & Care Plan (EHCP), which is a legally binding document. It is for children whose needs cannot be met within the traditional education system without additional support.
“They expect very specific details to support funding requests, but aren’t willing to have this included in the document. Jess has not attended mainstream education in a traditional setting for seven years, primarily due to her medical conditions which the IW Council don’t really understand and which they constantly try to separate out of the EHCP!
“They also insisted Jess attend IW College or funding would be refused – ignoring the evidence that she hadn’t attended school for four years due to medical conditions. She won’t leave home without me or Jackie. She has had a part-time tutor for 18 months, and is only just starting to go outside with her.
“We had no support and, in 2023, at the end of our tether, we contacted a solicitor and went to a tribunal which found in all aspects for Jess. The IW Council didn’t even turn up to the hearing. Following the hearing we received no local authority support and they also ignored legal timescales and Tribunal Orders.”
Arbitrary decisions
“Our funding requests were refused, because the EHCP didn’t have the exact wording or evidence to support such requests.
“Jess’s plan is flawed, and has never been relevant to her needs, but the local authority are making it very difficult to make it relevant, targeted and accountable. New local education guidelines for funding is ‘Essential v Desirable’ and all our funding requests have been refused.
“Like every parent, I just want the best for my family, and it was hard to find out that the council will pay for one child to travel by taxi to Birmingham every week, and presumably for their accommodation, when they will do nothing to help my daughter. It seems so unfair.
“Jess is so clever and soaks up information and she aspires to be involved in Formula One; she is also interested in photography. There is an F1 initiative aimed at young girls like Jess with #GirlsWill ready to support her. They are based at Silverstone, but we have no funding or help to attend as we are told this is ‘not essential’ to her education. So we have had to pay for her trips there.
“The local authority system appears to arbitrarily decides whether a funding request is ‘essential’ or ‘desirable’ – there seems to be no criteria or accountability. We’re told the Silverstone #GirlsWill events are ‘not essential’ to Jess’s education or career path, even though she aspires to a career in Formula 1. Similarly, a camera is ‘not essential’ to study GCSE Photography.
“This year I’ve again taken her case up with the Ombudsman, who previously found in favour of her. There is a legal obligation to allow Jess access to education but her application for funding was turned down again because it was not ‘essential or desirable’, but that is just an arbitrary judgment, they are ignoring the law.”
A spokesman from the Isle of Wight Council said: “While we understand there are a range of opportunities available for children and young people to access, the council must prioritise essential educational provisions as mandated by the SEND Code of Practice. We remain committed to supporting all children and young people in our community and will continue to work closely with families to provide the necessary support and services.”
Isle of Wight Observer