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Daniel Paul Tammet, featured on ABC’s 20/20 episode “SuperHumans!”, seems to be just another regular 31 years old guy, but has gifts that many other people would not dare to dream of: his brain works with numbers like a supercomputer and has an incredible linguistic skill.

Tammet, eldest of the nine children of his family in England, suffers from one form of autism, a form of neurological disorder that impairs social interaction and often manifests repetitive and restricted behavior. Many of the autistic persons, though, have something in exchange: incredible skills in one or more matters. Several researchers speculate that Wolfgang Amadeus Mozart, Isaac Newton, inventor Nikola Tesla and filmmaker Stanley Kubrick were autistic.

 Tammet’s talent lays in the numbers. He can solve astronomical calculations incredibly fast – he says that he can visualize numbers with their unique shape, texture and color. Specialists call this syndrome synesthaesia, the mixture of different senses into one great sensory experience. He says: “I learned to count, like anyone else, at a young age, and when I did I would see colors. I would see pictures in my mind. I assumed at the time that everyone saw numbers as I did.”

Read in Full: http://www.providingnews.com/daniel-tammet-says-numbers-are-moving-in-his-mind.html



 

Families often worry about how they can best provide financially for a disabled relative who outlives them. We look at the planning options.

By Kara Gammell
Published: 12:13PM BST 10 Jun 2010

More than one million people in Britain have learning disabilities and sorting out their financial affairs can be complicated.

A worry that weighs heavy on the minds of their families is how their loved one will manage their financial affairs when they are no longer around.

Many of these families are concerned that an inheritance may put their family member in a vulnerable position or mean that their means-tested state benefits are cut.

Setting up a trust means you can leave money for a vulnerable person without them having to worry about the responsibility.

This is a legal arrangement that allows a person or an organisation to look after someone else’s money. If you do not set up a trust, you run the risk of a trustee you have not chosen being appointed in the event of your death.

If properly set up, the trust will ensure that your loved one will continue to be provided for and continue to receive the government support they are entitled to. If they inherit all of the money themselves, they may miss out on some of this support.

Families interested in setting up a trust need to find a solicitor with the relevant experience. Lawyers for People with Learning Difficulties is a special-interest group recognised by the Law Society (www.lpld.org; 020 7405 1234). Here, families and parents can find solicitors who have the necessary expertise in areas of the law such as community care, benefits, disability discrimination and the question of capacity.

Mencap can also provide a list of solicitors with specialist knowledge on this subject by visiting www.mencap.org.uk/willsandtrusts or calling 020 7696 6925.

The next thing to do is to decide who you would like to manage the trust – these people are called trustees. You can appoint between one and four trustees, but it is normally a good idea to appoint at least two. It is also recommended to have at least one trustee who is not a family member or a beneficiary of the trust, to ensure there is an independent person helping make decisions.

People to consider are family members, friends, professionals, such as your solicitor or accountant, or institutions, such as a bank’s trustee service.

It is also worth leaving the trustees a ”letter of wishes”, which will outline what you would like to happen after you are gone. Items to consider are pocket money, clothes and equipment, trips and holidays, extra support, health care and living accommodation.

This letter should explain the reason for setting up the trust, guidance on how it should be used, and how the money should be distributed in the event of the beneficiary’s death – for example to other family members or a favourite charity. While the letter may not be legally binding on trustees, it can be referred to as guidance.

One option for families is to create a discretionary trust to deal with the whole of the estate and to rely on the trustees of your will to divide this between all your beneficiaries after your death.

This type of trust provides enough flexibility that a trustee can distribute funds depending on their needs at the time, but leaving the money in the trust to look after a vulnerable loved one.

None of the beneficiaries have an absolute right to all the money in the trust, nor the income that comes from it – they only have a potential right. Crucially, as the beneficiary is not “entitled” to the money, this means that the money and any other assets in the trust will not be taken into account when assessing for means-tested funding.

The only thing that will be taken into account is the actual money that has been paid out to the individual. In addition, the assets will not be treated as part of their estate on their death for inheritance tax. This is not true for all trusts – so it is crucial that you discuss with a solicitor the type of trust you want and how it might affect someone’s right to state funding.

Another option is a disabled person’s trust, a special kind of discretionary trust that can be created for a person who is incapable of looking after their affairs or is entitled to a disability living allowance at the highest or middle rate. This may include adults who have become unable to look after themselves due to an illness or accident, such as a brain injury.

Under the terms of this trust, the individual with a learning difficulty or disability would be named as the primary beneficiary of the trust and other beneficiaries, such as other children for example, would be named in a separate class of beneficiaries.

However, if the trustees decide to make a payment from the capital of the trust to any one of the beneficiaries of the trust they must also make the same payment to the primary beneficiary.

These trusts can ensure that the vulnerable individual still qualifies for state benefits and care home funding. It is perfectly legal and is not considered hiding assets in order to qualify for benefits.

Sheralee Ellis, senior financial adviser on the personal injury team at AWD Chase de Vere, said: “This type of financial planning is about planning for the future, rather than avoiding tax and fees. When it becomes a problem is when it looks like deliberate deprivation of capital. In other words, if you were setting up a trust simply to avoid paying inheritance tax et cetera.”

This brings up another cause for concern for many families in this position. Setting up a trust for a vulnerable beneficiary, means that the trustees can claim special treatment for income tax and capital gains tax, provided it is considered a ”qualifying trust”.

According to HM Revenue & Customs (HMRC), the definition of a qualifying trust is that the person who set it up will not receive any benefit or financial gain from the trust. The property in these trusts can be used only to benefit a vulnerable person and they must be entitled to all the income or, if they are not, none of the income can be applied for the benefit of anyone else.

To claim special tax treatment for income tax and capital gains tax, trustees must fill in form VPE1 (Vulnerable Person Election) and send it to the HMRC Trusts Office that deals with their trust. They must sign it, along with the vulnerable beneficiary – or someone who can legally sign on the behalf of the beneficiary.

Trustees have to give details of all the property in the qualifying trust, including anything used only partly for the vulnerable beneficiary. They will also have to show how the trust income is shared out. These qualifying trusts are also eligible to get special inheritance tax treatment.

Ms Ellis explained: “A gift or transfer into a qualifying trust for a disabled person is treated as a ‘potentially exempt transfer’ (PET) – which means that there is no immediate life charge on transfers made out of either type of qualifying trust to the vulnerable beneficiary.”

However, when the beneficiary dies, any assets held in the trust on their behalf are treated as part of their estate and may be liable for inheritance tax.

Louise Somerset, tax director at RBC Wealth Management, said that the assets in this type of trust should be taxed as if they belonged to the beneficiary personally, even though the beneficiary does not legally own or control them.

She said: “Such a trust is often useful where the beneficiary is not able to manage his or her affairs due to a disability. In these circumstances a family member may want to make sure that the beneficiary is financially provided for, without making an outright gift.”

If a “normal” trust was used in these circumstances, all sorts of tax charges could arise. IHT would be due on the initial gift if it exceeds the nil rate band (currently £325,000) and on the value of the trust every 10 years. Exit charges would also apply on payments of capital out of the trust. CGT would be payable at trust rates, with only limited annual exemptions available, and the same applies to income tax – which can have a particularly harsh effect since trusts pay income tax at a rate of 50pc.

“Trusts for vulnerable beneficiaries avoid all of these problems,” Ms Somerset added. “Instead, so long as the beneficiary remains vulnerable under the terms of the law, the trust will be looked through for tax. IHT is only payable on trust assets when the beneficiary dies – so no charge on the original gift.

Income tax and CGT are both payable as if the beneficiary had received funds personally, allowing full advantage to be taken of tax allowances and lower rate tax bands.”

Remember, once you have set up a will, it is important to review it regularly. Changes in your life, such as marriage, divorce and financial circumstances can affect your will. You can make small alterations to an existing will by adding an additional written instruction, which is known as a codicil.

Source:  http://www.telegraph.co.uk/finance/personalfinance/consumertips/7816757/Preparing-the-financial-future-for-people-with-learning-disabilities.html



 

Families often worry about how they can best provide financially for a disabled relative who outlives them. We look at the planning options.

By Kara Gammell
Published: 12:13PM BST 10 Jun 2010

More than one million people in Britain have learning disabilities and sorting out their financial affairs can be complicated.

A worry that weighs heavy on the minds of their families is how their loved one will manage their financial affairs when they are no longer around.

Many of these families are concerned that an inheritance may put their family member in a vulnerable position or mean that their means-tested state benefits are cut.

Setting up a trust means you can leave money for a vulnerable person without them having to worry about the responsibility.

This is a legal arrangement that allows a person or an organisation to look after someone else’s money. If you do not set up a trust, you run the risk of a trustee you have not chosen being appointed in the event of your death.

If properly set up, the trust will ensure that your loved one will continue to be provided for and continue to receive the government support they are entitled to. If they inherit all of the money themselves, they may miss out on some of this support.

Families interested in setting up a trust need to find a solicitor with the relevant experience. Lawyers for People with Learning Difficulties is a special-interest group recognised by the Law Society (www.lpld.org; 020 7405 1234). Here, families and parents can find solicitors who have the necessary expertise in areas of the law such as community care, benefits, disability discrimination and the question of capacity.

Mencap can also provide a list of solicitors with specialist knowledge on this subject by visiting www.mencap.org.uk/willsandtrusts or calling 020 7696 6925.

The next thing to do is to decide who you would like to manage the trust – these people are called trustees. You can appoint between one and four trustees, but it is normally a good idea to appoint at least two. It is also recommended to have at least one trustee who is not a family member or a beneficiary of the trust, to ensure there is an independent person helping make decisions.

People to consider are family members, friends, professionals, such as your solicitor or accountant, or institutions, such as a bank’s trustee service.

It is also worth leaving the trustees a ”letter of wishes”, which will outline what you would like to happen after you are gone. Items to consider are pocket money, clothes and equipment, trips and holidays, extra support, health care and living accommodation.

This letter should explain the reason for setting up the trust, guidance on how it should be used, and how the money should be distributed in the event of the beneficiary’s death – for example to other family members or a favourite charity. While the letter may not be legally binding on trustees, it can be referred to as guidance.

One option for families is to create a discretionary trust to deal with the whole of the estate and to rely on the trustees of your will to divide this between all your beneficiaries after your death.

This type of trust provides enough flexibility that a trustee can distribute funds depending on their needs at the time, but leaving the money in the trust to look after a vulnerable loved one.

None of the beneficiaries have an absolute right to all the money in the trust, nor the income that comes from it – they only have a potential right. Crucially, as the beneficiary is not “entitled” to the money, this means that the money and any other assets in the trust will not be taken into account when assessing for means-tested funding.

The only thing that will be taken into account is the actual money that has been paid out to the individual. In addition, the assets will not be treated as part of their estate on their death for inheritance tax. This is not true for all trusts – so it is crucial that you discuss with a solicitor the type of trust you want and how it might affect someone’s right to state funding.

Another option is a disabled person’s trust, a special kind of discretionary trust that can be created for a person who is incapable of looking after their affairs or is entitled to a disability living allowance at the highest or middle rate. This may include adults who have become unable to look after themselves due to an illness or accident, such as a brain injury.

Under the terms of this trust, the individual with a learning difficulty or disability would be named as the primary beneficiary of the trust and other beneficiaries, such as other children for example, would be named in a separate class of beneficiaries.

However, if the trustees decide to make a payment from the capital of the trust to any one of the beneficiaries of the trust they must also make the same payment to the primary beneficiary.

These trusts can ensure that the vulnerable individual still qualifies for state benefits and care home funding. It is perfectly legal and is not considered hiding assets in order to qualify for benefits.

Sheralee Ellis, senior financial adviser on the personal injury team at AWD Chase de Vere, said: “This type of financial planning is about planning for the future, rather than avoiding tax and fees. When it becomes a problem is when it looks like deliberate deprivation of capital. In other words, if you were setting up a trust simply to avoid paying inheritance tax et cetera.”

This brings up another cause for concern for many families in this position. Setting up a trust for a vulnerable beneficiary, means that the trustees can claim special treatment for income tax and capital gains tax, provided it is considered a ”qualifying trust”.

According to HM Revenue & Customs (HMRC), the definition of a qualifying trust is that the person who set it up will not receive any benefit or financial gain from the trust. The property in these trusts can be used only to benefit a vulnerable person and they must be entitled to all the income or, if they are not, none of the income can be applied for the benefit of anyone else.

To claim special tax treatment for income tax and capital gains tax, trustees must fill in form VPE1 (Vulnerable Person Election) and send it to the HMRC Trusts Office that deals with their trust. They must sign it, along with the vulnerable beneficiary – or someone who can legally sign on the behalf of the beneficiary.

Trustees have to give details of all the property in the qualifying trust, including anything used only partly for the vulnerable beneficiary. They will also have to show how the trust income is shared out. These qualifying trusts are also eligible to get special inheritance tax treatment.

Ms Ellis explained: “A gift or transfer into a qualifying trust for a disabled person is treated as a ‘potentially exempt transfer’ (PET) – which means that there is no immediate life charge on transfers made out of either type of qualifying trust to the vulnerable beneficiary.”

However, when the beneficiary dies, any assets held in the trust on their behalf are treated as part of their estate and may be liable for inheritance tax.

Louise Somerset, tax director at RBC Wealth Management, said that the assets in this type of trust should be taxed as if they belonged to the beneficiary personally, even though the beneficiary does not legally own or control them.

She said: “Such a trust is often useful where the beneficiary is not able to manage his or her affairs due to a disability. In these circumstances a family member may want to make sure that the beneficiary is financially provided for, without making an outright gift.”

If a “normal” trust was used in these circumstances, all sorts of tax charges could arise. IHT would be due on the initial gift if it exceeds the nil rate band (currently £325,000) and on the value of the trust every 10 years. Exit charges would also apply on payments of capital out of the trust. CGT would be payable at trust rates, with only limited annual exemptions available, and the same applies to income tax – which can have a particularly harsh effect since trusts pay income tax at a rate of 50pc.

“Trusts for vulnerable beneficiaries avoid all of these problems,” Ms Somerset added. “Instead, so long as the beneficiary remains vulnerable under the terms of the law, the trust will be looked through for tax. IHT is only payable on trust assets when the beneficiary dies – so no charge on the original gift.

Income tax and CGT are both payable as if the beneficiary had received funds personally, allowing full advantage to be taken of tax allowances and lower rate tax bands.”

Remember, once you have set up a will, it is important to review it regularly. Changes in your life, such as marriage, divorce and financial circumstances can affect your will. You can make small alterations to an existing will by adding an additional written instruction, which is known as a codicil.

Source:  http://www.telegraph.co.uk/finance/personalfinance/consumertips/7816757/Preparing-the-financial-future-for-people-with-learning-disabilities.html



 

A unique project helping people with disabilities and health conditions develop skills to find jobs has won a national award.

Swindon Borough Council’s Energy2Work project, which is funded by the European Social Fund (ESF) and supported by the Skills Funding Agency, was judged by NIACE (National Institute of Adult Continuing Education) to be the national winner of the ESF Opening Doors to Adult Learners award.

In recognition of the project’s outstanding contribution to learning its manager, Ann King, was presented with the award by TV and radio presenter, Philippa Forrester, and Vice Chair of ESF, Suzanne Morgan, at a special ceremony in London.

Energy2Work has a holistic and highly motivational approach to training aimed at helping disabled people find work and helping employers find employees they need with the right skills.

The 13-week programme aims to develop skills that employers look for, offers a recognised qualification, teaches team skills, helps learners take control of their lives and supports them in their search for a job. It includes an eight week work-placement, which gives an opportunity to put new skills into practice and can be included on a cv.

Ann said that the course has been so successful it has literally changed lives and feedback from employers involved with the project shows it is also changing attitudes.

Ann said: “Feedback from employers showed their surprise at the level of engagement and communication skills of the learners compared with other work experience placements they had supported. Most learners have taken the opportunity to take the qualification and the first eight people, including someone with Asperger’s syndrome, have jobs.”

Adrian Ayres, 21, who has Aspergers Syndrome, was one of the first trainees to join Energy2Work in August 2009. Adrian was helped to learn the ‘soft skills’ associated with work including communication, interaction and team skills.

As a result he has become interested in recycling and IT so a work placement was set up with a local company called FMW Recycling, owned by Helena Dunne. His role was to strip down computers. Helena had found this a difficult role to fill as it requires patience, focus and close attention to detail. Adrian very quickly showed that he has those skills and at the end of the eight-week placement Helena offered him a permanent job.

Read in Full:  http://swindon-business.net/index.php/2010/06/02/national-recognition-for-employability-programme/



 

A unique project helping people with disabilities and health conditions develop skills to find jobs has won a national award.

Swindon Borough Council’s Energy2Work project, which is funded by the European Social Fund (ESF) and supported by the Skills Funding Agency, was judged by NIACE (National Institute of Adult Continuing Education) to be the national winner of the ESF Opening Doors to Adult Learners award.

In recognition of the project’s outstanding contribution to learning its manager, Ann King, was presented with the award by TV and radio presenter, Philippa Forrester, and Vice Chair of ESF, Suzanne Morgan, at a special ceremony in London.

Energy2Work has a holistic and highly motivational approach to training aimed at helping disabled people find work and helping employers find employees they need with the right skills.

The 13-week programme aims to develop skills that employers look for, offers a recognised qualification, teaches team skills, helps learners take control of their lives and supports them in their search for a job. It includes an eight week work-placement, which gives an opportunity to put new skills into practice and can be included on a cv.

Ann said that the course has been so successful it has literally changed lives and feedback from employers involved with the project shows it is also changing attitudes.

Ann said: “Feedback from employers showed their surprise at the level of engagement and communication skills of the learners compared with other work experience placements they had supported. Most learners have taken the opportunity to take the qualification and the first eight people, including someone with Asperger’s syndrome, have jobs.”

Adrian Ayres, 21, who has Aspergers Syndrome, was one of the first trainees to join Energy2Work in August 2009. Adrian was helped to learn the ‘soft skills’ associated with work including communication, interaction and team skills.

As a result he has become interested in recycling and IT so a work placement was set up with a local company called FMW Recycling, owned by Helena Dunne. His role was to strip down computers. Helena had found this a difficult role to fill as it requires patience, focus and close attention to detail. Adrian very quickly showed that he has those skills and at the end of the eight-week placement Helena offered him a permanent job.

Read in Full:  http://swindon-business.net/index.php/2010/06/02/national-recognition-for-employability-programme/



 Sunrise, Chester County

By Karen Heller 

Oh, the glory! This weekend marks the music recital at Camphill School in Chester County, a remarkable holistic school for children with pronounced cognitive and developmental disabilities.

The recital, under the supervision of cotton-haired Elsbeth Sunstein, is so popular and vast that it lasts two days, involving almost half the students. There’s “Chopsticks,” and also Kathleen Rahling’s accomplished take on Mozart’s “Rondo.”

Located on 80 verdant acres with custom-built cottages, Camphill resembles a retreat or utopian community more than a boarding school for special-needs children. One hundred students are taught by an international staff of 150, many of whom live in group houses with their charges.

Founded by Austrian pediatrician Karl Koenig in 1939, Camphill is a movement, with more than 100 programs in 22 countries. The Glenmoore campus was established in 1963 and caters to kindergarten through 12th grade (students advance annually). It remains Camphill’s only U.S. school for children, so it draws a national enrollment.

To visit the campus is to fall in love. Children with IQs of 70 or lower, many with autism, children who struggled in other settings, can be seen dancing, playing, studying, working.

There’s a farm, a homeopathic center, multiple performing spaces, gardens, horses, and Beulah, the extremely fertile Yorkshire White and Hampshire pig.

“We remove all the institutional aspects, all the walls. Many of them learn better not being behind a desk,” says development director Guy Alma, a 20-year Camphill veteran. “We don’t treat them as patients, but human beings.” Many parents melt in tears when they first visit, overwhelmed by the approach, the care, the setting, the comprehensive staffing.

The children study Western civilization, Homer’s Iliad, Shakespeare, astronomy. Some children grasp the concepts; others are delighted by the magic and art. In high school, there’s a student council, a prom, and electives. Classes leave campus frequently on field trips.

“The school has been an amazing blessing for our family,” says painter Nancy Bea Miller of Narberth. Her son, Henry Downs, 16, mentally challenged, nonverbal, and with severe autism, arrived at Camphill four years ago after exhausting a variety of programs and therapies. “He’s been able to experience autonomy. He’s much healthier and happier. It is unusual to find a special-needs school where the children are valued as the individuals they are, and not seen only as personifications of a disability.”

The Camphill movement uses the Waldorf School approach, integrating intellectual, physical, and spiritual learning for children with special needs. The campus is home to an international four-year teacher-training program, and for young adults ages 18 to 21 there is a working 56-acre farm, which is undergoing a $6 million expansion. Alma lives there with his wife, two sons, and five autistic adults in an 18th-century farmhouse.

Often a child’s accomplishment is simple, yet profound. An overjoyed father called to tell Alma that his son, home for Thanksgiving, received a call from another student from Camphill.

Read in Full:  http://www.philly.com/inquirer/columnists/karen_heller/20100606_Karen_Heller__Camphill_School__an_amazing_blessing_.html#axzz0qYtXA2pR

 

Camphill Special School: Private School for Children with Intellectual and Developmental Disabilities:

 



 Sunrise, Chester County

By Karen Heller 

Oh, the glory! This weekend marks the music recital at Camphill School in Chester County, a remarkable holistic school for children with pronounced cognitive and developmental disabilities.

The recital, under the supervision of cotton-haired Elsbeth Sunstein, is so popular and vast that it lasts two days, involving almost half the students. There’s “Chopsticks,” and also Kathleen Rahling’s accomplished take on Mozart’s “Rondo.”

Located on 80 verdant acres with custom-built cottages, Camphill resembles a retreat or utopian community more than a boarding school for special-needs children. One hundred students are taught by an international staff of 150, many of whom live in group houses with their charges.

Founded by Austrian pediatrician Karl Koenig in 1939, Camphill is a movement, with more than 100 programs in 22 countries. The Glenmoore campus was established in 1963 and caters to kindergarten through 12th grade (students advance annually). It remains Camphill’s only U.S. school for children, so it draws a national enrollment.

To visit the campus is to fall in love. Children with IQs of 70 or lower, many with autism, children who struggled in other settings, can be seen dancing, playing, studying, working.

There’s a farm, a homeopathic center, multiple performing spaces, gardens, horses, and Beulah, the extremely fertile Yorkshire White and Hampshire pig.

“We remove all the institutional aspects, all the walls. Many of them learn better not being behind a desk,” says development director Guy Alma, a 20-year Camphill veteran. “We don’t treat them as patients, but human beings.” Many parents melt in tears when they first visit, overwhelmed by the approach, the care, the setting, the comprehensive staffing.

The children study Western civilization, Homer’s Iliad, Shakespeare, astronomy. Some children grasp the concepts; others are delighted by the magic and art. In high school, there’s a student council, a prom, and electives. Classes leave campus frequently on field trips.

“The school has been an amazing blessing for our family,” says painter Nancy Bea Miller of Narberth. Her son, Henry Downs, 16, mentally challenged, nonverbal, and with severe autism, arrived at Camphill four years ago after exhausting a variety of programs and therapies. “He’s been able to experience autonomy. He’s much healthier and happier. It is unusual to find a special-needs school where the children are valued as the individuals they are, and not seen only as personifications of a disability.”

The Camphill movement uses the Waldorf School approach, integrating intellectual, physical, and spiritual learning for children with special needs. The campus is home to an international four-year teacher-training program, and for young adults ages 18 to 21 there is a working 56-acre farm, which is undergoing a $6 million expansion. Alma lives there with his wife, two sons, and five autistic adults in an 18th-century farmhouse.

Often a child’s accomplishment is simple, yet profound. An overjoyed father called to tell Alma that his son, home for Thanksgiving, received a call from another student from Camphill.

Read in Full:  http://www.philly.com/inquirer/columnists/karen_heller/20100606_Karen_Heller__Camphill_School__an_amazing_blessing_.html#axzz0qYtXA2pR

 

Camphill Special School: Private School for Children with Intellectual and Developmental Disabilities:

 



Family wins disability tribunal against school

A FAMILY have won a disability tribunal against their daughter’s former school who barred the autistic eight-year-old from the school prom.

Pretty Tamzin Mattless-Blower was devastated when she was told she couldn’t attend the end-of-year prom at Beaupre School in Outwell.

She even had a new pink dress with a matching bag and shoes, costing £60, for the special occasion, an extra-special treat for having her tonsils out the previous April.

Emma Blower, Tamzin’s mum, said: “Tamzin was really looking forward to it. She was devastated that she couldn’t go.
“She just couldn’t understand why, she thought she had been naughty.”

To make it up to her, Emma and her husband Richard gave Tamzin her own little prom the following week, so she got a chance to wear her new outfit, but it did not make up for missing the real thing.

The tribunal found that Beaupre discriminated against Tamzin by failing to make reasonable adjustments for her to attend a field trip and the school prom in July last year and that she received unfavourable treatment in connection with her attendance at those events.

A Cambs County Council spokesperson, on behalf of Beaupre, said: “We are an inclusive school and are disappointed with the tribunal’s decision. The school has currently lodged an appeal against the decision and it would be inappropriate to comment further on the case until it is determined.”

The appeal to the Upper Tribunal has not yet been heard but was rejected by the judge who originally heard the case.

The Upwell family have mixed feelings about the ruling.
Mrs Blower said: “We are pleased we won the tribunal but it’s hard to explain how we feel.

“We put our trust in the school and it’s heart-breaking.”

The Blowers had been concerned about Tamzin for several months before they made formal complaints to the chair of governors at Beaupre, Ofsted and Cambridgeshire County Council in July.

Tamzin had been displaying worrying behaviour, such as banging her head on the wall and trying to pull her hair out, as well as being physically aggressive.

“It was like a switch had been flicked and we had a different child, then that switch would get switched back and we would have a very emotional child, totally oblivious to what she had just done,” Mrs Blower said.

After not getting anywhere with their complaints, the Blowers initiated a first tier special educational needs and disability tribunal.

Read in Full:  http://www.fenlandcitizen.co.uk/news/Family-wins-disability-tribunal-against.6332611.jp

 

Council criticised for prosecution over boy with ‘school phobia’

A council has been criticised by a judge prosecuting a couple who allowed their son to skip lessons as he had a “school phobia”.

Published: 9:10AM BST 09 Jun 2010

Suffolk County Council was criticised after it appealed against an earlier ruling that it had discriminated against the boy by taking his parents to court.

The parents had faced a jail term or fine of up to £2,500 after they were charged with failing to ensure he attended his high school in east Suffolk.

They were cleared by magistrates after a psychologist diagnosed the youth as having school phobia, a condition described as an irrational fear of going to school

Last November a Special Educational Needs and Disability Tribunal ruled that the prosecution amounted to discrimination against the boy.

Suffolk County Council has now lost its appeal against the ruling and must send letters of apology to the boy, now aged 16 and his parents who cannot be named.

Upper Tribunal Judge Ward blasted the authority, saying it “proceeded obdurately” with the prosecution at South East Suffolk magistrates court last June.

The judge said the council had “closed its mind” by continuing with the prosecution, despite a GP and a child psychologist advising that the boy had mental health problems which affected his attendance at school

Judge Ward also warned that this case should cause the council to “revisit its approach to such prosecutions”.

He added said that schools in similar situations in the future should “carefully consider” how they deal with such cases.

The judge ordered the council to send written apologies to the boy and his parents by June 18, signed by council chairman Eddy Alcock.

He also ruled that the school would not have been able to influence the council’s decision to bring the prosecution.

But the school is still required to send a letter of apology as it did not appeal against the tribunal decision which found it had discriminated against the boy by failing to make reasonable adjustments to his education.

The boy’s father who is a school governor said: “This decision means that after all the heartache we have gone through, it might change the county council and the schools and the way that people like our son are dealt with from now on.

“Hopefully the council will have been shaken up so that it will not keep prosecuting parents of children with these sorts of disabilities.

“We have a son who needed help and all they could do was go through their silly procedures and instead of giving us help they made our lives very difficult.”

A spokesman for Suffolk County Council said: “Naturally the council was disappointed not to be successful in the appeal in this case. We have accepted the outcome of the Tribunal and will comply with its decision.”

The boy missed months of education after developing his phobia following time off school due to a viral illness.

He claimed staff made sarcastic remarks when he tried to attend classes, with one saying ‘on a chair’ when he asked where he should sit.

The council continued with the prosecution of his parents, despite a child psychologist’s ruling that it was worsening the boy’s health.

Magistrates ruled after a one day trial that education bosses had failed to take proper account of the boy’s mental health.

The court heard how the boy would often refuse to leave the house and suffer panic attacks which would result in him rocking backward and forward and clutching his knuckles.

It also led to him distancing himself from friends and social situations.

His GP had told magistrates that attending school was “highly anxiety-provoking” for him.

Source:  http://www.telegraph.co.uk/education/educationnews/7813478/Council-criticised-for-prosecution-over-boy-with-school-phobia.html



Family wins disability tribunal against school

 
A FAMILY have won a disability tribunal against their daughter’s former school who barred the autistic eight-year-old from the school prom.

 

Pretty Tamzin Mattless-Blower was devastated when she was told she couldn’t attend the end-of-year prom at Beaupre School in Outwell.

 

She even had a new pink dress with a matching bag and shoes, costing £60, for the special occasion, an extra-special treat for having her tonsils out the previous April.

 

Emma Blower, Tamzin’s mum, said: “Tamzin was really looking forward to it. She was devastated that she couldn’t go.

“She just couldn’t understand why, she thought she had been naughty.”

 

To make it up to her, Emma and her husband Richard gave Tamzin her own little prom the following week, so she got a chance to wear her new outfit, but it did not make up for missing the real thing.

 

The tribunal found that Beaupre discriminated against Tamzin by failing to make reasonable adjustments for her to attend a field trip and the school prom in July last year and that she received unfavourable treatment in connection with her attendance at those events.

 

A Cambs County Council spokesperson, on behalf of Beaupre, said: “We are an inclusive school and are disappointed with the tribunal’s decision. The school has currently lodged an appeal against the decision and it would be inappropriate to comment further on the case until it is determined.”

 

The appeal to the Upper Tribunal has not yet been heard but was rejected by the judge who originally heard the case.

 

The Upwell family have mixed feelings about the ruling.
Mrs Blower said: “We are pleased we won the tribunal but it’s hard to explain how we feel.

 

“We put our trust in the school and it’s heart-breaking.”

 

The Blowers had been concerned about Tamzin for several months before they made formal complaints to the chair of governors at Beaupre, Ofsted and Cambridgeshire County Council in July.

 

Tamzin had been displaying worrying behaviour, such as banging her head on the wall and trying to pull her hair out, as well as being physically aggressive.

 

“It was like a switch had been flicked and we had a different child, then that switch would get switched back and we would have a very emotional child, totally oblivious to what she had just done,” Mrs Blower said.

 

After not getting anywhere with their complaints, the Blowers initiated a first tier special educational needs and disability tribunal.

 

Read in Full: 

http://www.fenlandcitizen.co.uk/news/Family-wins-disability-tribunal-against.6332611.jp

 

Council criticised for prosecution over boy with ‘school phobia’

 

A council has been criticised by a judge prosecuting a couple who allowed their son to skip lessons as he had a “school phobia”.

 

Published: 9:10AM BST 09 Jun 2010

 

Suffolk County Council was criticised after it appealed against an earlier ruling that it had discriminated against the boy by taking his parents to court.

 

The parents had faced a jail term or fine of up to £2,500 after they were charged with failing to ensure he attended his high school in east Suffolk.

 

They were cleared by magistrates after a psychologist diagnosed the youth as having school phobia, a condition described as an irrational fear of going to school

 

Last November a Special Educational Needs and Disability Tribunal ruled that the prosecution amounted to discrimination against the boy.

 

Suffolk County Council has now lost its appeal against the ruling and must send letters of apology to the boy, now aged 16 and his parents who cannot be named.

 

Upper Tribunal Judge Ward blasted the authority, saying it “proceeded obdurately” with the prosecution at South East Suffolk magistrates court last June.

 

The judge said the council had “closed its mind” by continuing with the prosecution, despite a GP and a child psychologist advising that the boy had mental health problems which affected his attendance at school

 

Judge Ward also warned that this case should cause the council to “revisit its approach to such prosecutions”.

 

He added said that schools in similar situations in the future should “carefully consider” how they deal with such cases.

 

The judge ordered the council to send written apologies to the boy and his parents by June 18, signed by council chairman Eddy Alcock.

 

He also ruled that the school would not have been able to influence the council’s decision to bring the prosecution.

 

But the school is still required to send a letter of apology as it did not appeal against the tribunal decision which found it had discriminated against the boy by failing to make reasonable adjustments to his education.

 

The boy’s father who is a school governor said: “This decision means that after all the heartache we have gone through, it might change the county council and the schools and the way that people like our son are dealt with from now on.

 

“Hopefully the council will have been shaken up so that it will not keep prosecuting parents of children with these sorts of disabilities.

 

“We have a son who needed help and all they could do was go through their silly procedures and instead of giving us help they made our lives very difficult.”

 

A spokesman for Suffolk County Council said: “Naturally the council was disappointed not to be successful in the appeal in this case. We have accepted the outcome of the Tribunal and will comply with its decision.”

 

The boy missed months of education after developing his phobia following time off school due to a viral illness.

 

He claimed staff made sarcastic remarks when he tried to attend classes, with one saying ‘on a chair’ when he asked where he should sit.

 

The council continued with the prosecution of his parents, despite a child psychologist’s ruling that it was worsening the boy’s health.

 

Magistrates ruled after a one day trial that education bosses had failed to take proper account of the boy’s mental health.

 

The court heard how the boy would often refuse to leave the house and suffer panic attacks which would result in him rocking backward and forward and clutching his knuckles.

It also led to him distancing himself from friends and social situations.

 

His GP had told magistrates that attending school was “highly anxiety-provoking” for him.

 

Source: 

http://www.telegraph.co.uk/education/educationnews/7813478/Council-criticised-for-prosecution-over-boy-with-school-phobia.html



 

Allan Schwartz, LCSW, Ph.D. Updated: Jun 10th 2010

Before my birthday last year, someone tried to console me by advising me to ignore the whole thing because, after a certain age, birthdays bring nothing but misery. I was surprised by the comment for two primary reasons. First, I never said that I felt stressed by another birthday. Second, I enjoy my birthdays. So all of you know, I will be 68 years old this coming October 2010. Does growing older cause unhappiness? Let’s discuss that question.

Theory:

According to Erik Erikson, we go through eight stages of psychosocial development. Each stage is gradually built upon previous stages and affects the stages that are next in line. Therefore, the previous stage of development has a profound impact on each of the next stages. At each level we experience from birth to old age, we face a challenge or crisis. Resolution of each crisis is critical to our over all well being as human beings. In all, Erikson is describing the gradual development of each individual person’s ego or personality. This development carries with it an increasing amount of individuality and strength to meet the challenges of life.

Here are Erikson’s Eight Stages of Psychosocial Development:

1. Trust vs. Mistrust.

2. Autonomy vs. Shame and Doubt.

3. Initiative vs. Guilt

4. Industry vs. Inferiority

5. Identity vs. Role Confusion (Adolescence)

6. Intimacy vs. Isolation

7. Generativity vs. Stagnation

8. Integrity vs. Despair (Old Age)

Read More …  http://www.mentalhelp.net/poc/view_doc.php?type=doc&id=37707&cn=12



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