Statutory assessment refused

[Kathryn]

The panel, in its great wisdom, have decided not to assess my daughter for a statement. So we have failed at the first hurdle.

 

Their "carefully considered" reasons? The panel considers that the school has not shown evidence of implementing and reviewing external advice. The panel would suggest that the school contacts the Autism Advisory Service and incorporates their advice into an Individual Education Plan".

 

They go on to say that her progress will "continue to be monitiored" with advice from Professional Sen Services.

 

I feel completely demoralised. All the evidence we sent in, including a strongly worded report from the co director of the Autism Research Centre in Cambridge has gone unheeded. We may as well have sent them the local bus timetable for all the difference it has made.

 

I feared the school would be the weak link in this, and I was right. Because the school did not follow SEN procedures last term they have no evidence to show thayt they have gone through all the stages. I don't know what was in their evidence to the LEA but I would expect that they covered themselves rather than admit the truth that they screwed up. I daren't speak to the school right now as I would probably say stuff I might regret.

 

What do the LEA honestly expect us to do? They are talking as if my daughter is still in school - how do they propose to "monitor the situation" ? It's obviously too late for any of the usual support services. We tried everything to keep her in school and we have professional advice that to continue to send her would be damaging. I have a child at home who speaks to no one except immediate family, and even then uses single words a lot of the time. Who melts down if anyone says hello to her in the street. Who will not walk past groups of schoolchildren. Who can't make decisions about what to wear let alone what to put in a GCSE essay. Who will not go out anywhere where she might meet people let alone set foot in a classroom. Who has said yesterday that she wants to move away from [ our town] because of all the bad people and bad thoughts connected with it. This is the reality of our situation. How can they make an informed decision without assessing her when it should be clear that this is a complex case? I feel like dumping her on the doorstep of County Hall and daring them to tell me then her special needs don't warrant an assessment.

 

Now part of me is wondering if there was something else we should have done- if I messed up the request in some way. I never wanted to initiate the process but I had no choice. I'm cynically thinking the LEA want to obstruct us as much as possible so that they can ditch her when she's 16 in March.

 

I've tried to read my ACE handbook to see what to do next but my head is just spinning. I've left messages with the NAS advisor and the PPS person. I was already on the floor emotionally this week because the situation at home is tough enough and this is just like a kick to the head.

 

I was preparing for the worst - I know many of you have been through this and worse. I know you guys understand the frustration I feel right now. If anyone can help me see the way to go from here I'd be grateful for any advice.

 

K

[Elefan]

Oh Kathryn. What a nightmare. From the info you have described, I find their decision not to assess, incredulous!! I think Bid, Helen or Nellie will be best placed to offer you some tips. No pressure, ladies!

 

I'm sorry, I don't have experience of having a child out of school and the Stat Assess being refused. I did make the request to assess without the school or EP's support, and got it approved though. Still awaiting the decision. If there is anything you think I can help you with, or you want to see any of my paperwork submissions, then PM me.

 

Don't let them defeat you, K! <'> <'> <'>

 

Elefan

xx

[vjmac]

Kathryn,

I am so sorry you are going through this right now. It's an awful time for you.

I can't give you any advice as we haven't been through this, but Elefan is right though - don't let them defeat you!

Someone emailed this quote to me which I have pinned to my desk.I look at it everytime I have to 'do battle' with the professionals and am left feeling like a neurotic/psychotic mother. (Which is quite often!):

 

"Courage in women is often mistaken for insanity"

 

You haven't done anything wrong. You are doing everything right by fighting to have your daughters needs met.

Take care of yourself.

Vicki

[Helen]

Kathryn, I can only offer you sincere sympathy on this issue <'> <'>

 

I don't know anything about the statutory process when a child is already out of school due to medical grounds <'>

 

My son was refused an assessment 5 years ago, but I can't advise you on what I did at that time because my circumstances were very different to yours.

 

Bid has been in the same situation to you, with regards to Auriel being at home during the Statutory process, perhaps she can give you some pointers?

 

Apart from the NAS, I would certainly seek advice from IPSEA and ACE.

 

With regards to the school's educational advice which it submitted to the LEA, you ought to be supplied with a copy of all the reports/advice that the LEA had originally sought for the statutory process.

 

Sorry I can't help you ... Helen <'>

[nellie]

Kathryn, I am so sorry <'>

 

The Meek Shall Inherit the Earth, But Only the Bold Will Get a Decent Education for Their Child with Autism.

 

Kathryn, you are bold! Don't see this as losing the battle!! You have only lost round one. It's a blip!!

 

You have the right to appeal to tribunal. What ever you decide, I would advise you to keep communicating with the LEA. Look in Education Resource - Disagreement Resolution, you have the right to disagreement resolution. This will allow you to discuss the case and prove them wrong. You have the evidence, they are ignoring it.

 

I know it's difficult, but please don't lose heart. It's a difficult fight, but far from impossible.

 

It is so unjust and so unfair!! I do hope you feel better soon. <'>

 

Please take care

 

Nellie. xx

[Tez]

Kathryn,

 

I've no advice but I did want to say that I'm really sorry. <'> I'm sure that the various advice bodies will help you and Nellie's suggestion of Disagreement Resolution seems like a good idea. Hope things look brighter in the morning. <'> <'>

[Kathryn]

Thanks everyone

 

<'> back to you all.

 

Feeling a bit calmer now.

 

Now that the red mist has cleared, having read to the end of their letter, it says that the decision was based on the evidence received by 16 Nov and the panel would be "very happy" to reconsider Lucy's case. If we have more recent additional info or reports I am invited to contact the assessment team manager to arrange for the case to be looked at again. Do I take this as a hopeful sign?

 

It's possible that the panel did not take into account that she is not at school at all and hasn't set foot in the place since 15 Oct. (Their advice to the school suggests this). to My last piece of evidence does not make this absolutely clear, and I'm kicking myself as it could be crucial.

 

I guess I need to speak to them tomorrow before setting off down the appeal route. I know we are right. But how long will it take "them" to see it?

 

I like your quote, Vicki!

 

Not giving up - watch this space.

 

K

[Helen]

If we have more recent additional info or reports I am invited to contact the assessment team manager to arrange for the case to be looked at again. Do I take this as a hopeful sign?

Most definitely!!

[bid]

Kathryn,

 

I have PM'd you.

 

<'> <'> <'>

 

Bidxx

[baddad]

Hi Kathryn -

Glad I found your thread later in the day reather than earlier, as your final post saved me from spontaneously exploding...

I think the fact that they've actually INVITED you to reapply speaks volumes- not only are they expecting it, but you'll have all bases covered next time (having given the school the kick up the jax the panel thinks they deserve) and it'll be plain sailing... I'm not saying that just to for the sake of it; In these times of shrinking resources and tightening eligibility criteria, I think they are more careful now to ensure that their decisions are watertight. I'm sure next time you put your case before them it will be...

The delay, of course, is very frustrating, but 'Rome wasn't'...

 

Best of...

BD

[Kathryn]

Baddad,

 

I can't get the picture out of my head of you spontaneously exploding. Rather like the egg I dropped and trod on soon after getting the letter.

 

Thanks for the encouragement. I hope you're right.

 

I'm learning fast that these people who make arbitrary decisions about our children's lives inhabit a strange parallel universe devoid of reason and logic...

 

K

[Kathryn]

Well here's an update.

 

This is what I would like to say...

 

The Directior of Education phoned to say "I apologise: we seem to have made a dreadful mistake...."

 

Right, back to reality.

 

Spent all day on the phone (so did my husband) trying to speak to the person who chairs the panel to ask her if this is just a procedural blip or if we need to start the appeal process. I'm well aware that there is a time limit for the tribunal process.

 

She wasn't available. She rang my husband's answerphone once. She was "just leaving the building" at 3.30 pm when I phoned. There was no one else I could speak to. She couldn't be avoiding us, by any chance?

 

So we wait till Monday .

 

Our wnderful GP rang about another matter and was speechless when I told her the stat ass had been refused. She said "But they only have to SEE her to realise..." Exactly.

 

How can we get this deeply flawed process changed?

 

K

[Kathryn]

Well I've had an exhausting two days trying to work out what evidence I can submit to the panel which will press the right buttons and get the answer we want.

 

I finally got to spoke to the chair of the panel yesterday who tried to intimidate me: she asked me all about my daughter and said "well it's a very late diagnosis" as if it was my fault. She wanted to know why I wanted an assessment and I made the mistake of being drawn into a discussion about it. She was very aggressive: "What good will it do? It runs out when she's 16" etc and "all autistic children in (this county) are in mainstream schools" which she kept repeating. I'd like to report her to the DOE but I suppose I shouldn't make enemies just yet.

 

Later in the day my husband got more info out of her about what we need basically something from the autism advisory service to say that they have been involved - and failed. (I did say this in my evidence but hey - I'm only a parent what do I know. )The home tutor (who is lovely) is also going to send in a report for me as they want more evidence about how her autism is impacting on her education (like they haven't had enough??). I'm beginning to discern how "they" think, though.

 

Maybe some LEA's are different but it seems to me its official policy to thwart parents - they tell you nothing and you have to dig and dig for the information you need - it's hardly a transparent process. They give parents the right to apply for a stat ass then try to make you feel as thought you're doing something wrong.

 

This is my first brush with blatant hostility from the LEA and it's left me feeling a bit fragile and questioning whether the whole business is worth it, life is already stressful at home without this onslaught. The NAS advisor was great and said they use these bullying tactics in the hope you will just go away.

 

I have contacted the NAS tribunal support line. I really hope it doesn't come to that. The spirit is willing but the flesh is weak. Really just feel like walking away from it all.

[nellie]

Oh Kathryn,

 

I am sorry, please don't lose heart. It's a battle, they make it that way, it doesn't mean they always win. It's like going to court, if you have the evidence to prove your case you win. From what you say, you appear to have that evidence.

 

I hope you get some support from the NAS.

 

Nellie <'> <'>

[nellie]

Kathryn,

 

Apologies if you are already aware of this.

 

Statutory Assessment - Complex Needs.

Extract from the Code of Practice.

http://www.asd-forum.org.uk/forum/index.php?showtopic=611

[Helen]

Kathryn, have you thought of asking for help from a family member, close family friend, for this person to provide you with a written statement to support your evidence, in that your daughter's needs ought to be recognised in a Statement of special educational needs?

 

Has your daughter provided her personal views on what she believes her needs are in terms of support, education etc, as her views would be so important in all of this.

 

Only thinking aloud, Helen

[Kathryn]

Hi Helen,

 

I could do, I suppose, and I'd send them anything if I thought it would help. I don't think it's my evidence they're quibbling with here though. The problem is what the school has or hasn't done from its own resources so far. I suppose it's quite unusual to be presented with a case with very little history, in their eyes, anyway. Apart from evidence of extra exam time being applied for in year 9 and a "strategy sheet" (whatever that is) distributed by the SEN department in June, the school's cupboard is bare as far as "relevant and purposeful action" goes, until the beginning of this term, when because my daughter was in school so little, they had no opportunity to try anything.

 

My fear has been and still is that they will wriggle out of the assessment on mental health grounds and refuse to see that her depression is due to problems related to autism and the school's mismanagement of it. Because we went from a standing start in Septmber with all of this, we've had very little time to build up a large body of professional evidence.

 

My daughter has spoken very rarely about what she wants. She doesn't seem to be able to think coherently about the future at all and is clearly traumatised by the past. She gets agitated by any mention of school. She can't speak about it clearly so we have to try and piece together things, sometimes from single words. That is part of the reason why all this is so difficult: we're working in the dark to some extent and having to make decisions for her based on what she might be able to do a year or two from now. Right now she is scared of social contact and very dependent but we hope she won't always be this way.

[Kathryn]

And thanks Nellie, I've just seen your posts. I used the categories of need in the COP when preparing my evidence. I will plod on but I guess my confidence has just been shaken - didn't expect such a fight at this stage. I'm also wondering if it will be worth the fight with the LEA if she ends up not completing her education in school which I suppose is a possibility, although from what I've heard it's difficult to get funding from the LSC for further ed if you haven't already got a statement.

 

...Thinking aloud too!

 

K

[bid]

I have PM'd you <'>

 

Bid

[nellie]

Kathryn

 

I know your head is probably spinning.

 

I finally got to spoke to the chair of the panel yesterday who tried to intimidate me: she asked me all about my daughter and said "well it's a very late diagnosis" as if it was my fault.� She wanted to know why I wanted an assessment and I made the mistake of being drawn into a discussion about it. She was very aggressive: "What good will it do? It runs out when she's 16" etc and "all autistic children in (this county) are in mainstream schools" which she kept repeating. I'd like to report her to the DOE but I suppose I shouldn't make enemies just yet.

 

This is appalling behaviour. These statements are outrageous. It runs out when she's 16". The LEA cannot cease to maintain a statement without good reason and would have to give the parents the chance to appeal first. " All autistic children are in mainstream schools" This is a blanket policy and the Code of Practice says that LEA's are not allowed to use blanket policies. She has no right to make any of these statements.

 

I agree she should be reported to the DOE. Sometimes complaining works, but I know, it's scary.

 

Take Care

 

Nellie. <'>

[nellie]

Kathryn,

 

Have you considered using Disagreement Resolution? They are an independent body and would at least give you a chance to discuss these issues, ensuring the LEA were not using bullying tactics. They would also recognise if the LEA are failing to carry out their legal duties.

 

Helen would be able to tell you more.

 

http://www.asd-forum.org.uk/forum/index.php?showtopic=492

 

Nellie xx

[Helen]

Helen would be able to tell you more.

Would I???? Nellie you give me far more credit than I'm worth

 

Sorry Kathryn, but I don't have experience of mediation with an independent body.

 

My solicitor had tried on numerous occasions to secure a meeting with the LEA in the hope that we wouldn't have to go to tribunal.

 

The LEA submitted its case statement to the tribunal some time before the hearing, my solicitor received a copy of that statement from the tribunal, he then provided me with a copy.

 

The LEA didn't/couldn't provide an arguement for going to tribunal, so it offered us a disagreement resolution meeting but the LEA didn't offer a named independent body for mediation, the LEA were prepared to deal with my solicitor.

 

Helen

Edited November 24, 2004 by Helen

[nellie]

 

Helen,

 

I've got my wires crossed (again)! I thought the LEA offered you disagreement resolution with an independent body. They have a duty to provide this!! Sorry, Helen.

 

I really must read things more carefully. I'm due to book an eye test next week!!!

Now where DID I put my specs!!

 

Anyway, you know LOTS and LOTS!!!

[Kathryn]

Well, you both know more than me.

 

I spoke to the autism advisor and the school senco. Its looking as though the report from the autism advisor (which the LEA seem to desperately want) didn't reach the school in time for them to submit it, so I'm hoping we can avoid the tribunal at this stage by sending them this as well as a report from the home tutor, so that they can reconsider the case.

 

Incidentally I couldn't get hold of the senco for two days as he was away on a course on - you guessed it - autism. I told him he could probably have taught it with all he has learned from us.

 

We have been offered disagreement resolution, I don't know if that will help as we are quite clear about what we want: i.e. a statutory assessment . If we say we are willing to do this, will the LEA take this as a sign that we are open to having our minds changed?

 

Lets hope that with the right paperwork in place next time, none of this is necessary.

[nellie]

Kathryn

 

My fingers and toes are crossed, I hope they manage to sort this sorry mess out.

 

Nellie <'>

 

The present system does not work.

 

The Code defines two main approaches to support children with Special Education Needs (SEN) but without statements: Action and Action Plus. For those children whose special educational needs are not met through Action or Action Plus, the LEA will need to make a Statutory Assessment of their needs and probably make a Statement of Special Educational Needs.

 

It should never be left to the school alone (even as a first stage) to assess the needs of a child with ASD and then decide whether they can be met by the school?s existing resources. Very few teachers have a sufficiently expert knowledge of ASD.

 

How can schools meet a child?s complex needs if they don?t know what they are? The LEA have a legal duty to identify a child?s special educational needs, in the case of a child with complex needs, this must surely mean a statutory assessment.

[Kathryn]

I think they will eventually realise they have to do the assessment. But the length of time the process takes is so frustrating - it will probably take another month to turn this whole thing around and by then it will be nearly Christmas. All this delay just means more stress, more paperwork and every hour I spend dealing with it is an hour less I get to spend with my daughter. It pervades everything; you start to see your own child as a collection of needs and problems and you're happy when a professional describes your child's difficulties as "severe" because you know it will carry more weight.

[Kazzen161]

You must start the Tribunal proceedings within the time limit - do not worry about the other stuff going on - you can always cancel the appeal if the LEA change their mind.

 

Is the disagreement resolution an independent agency or the LEA one? I have found that the LEA one can sometimes be used to "suss" you out - to see if you are going to give in or what your strategy is. It should not go against you if you do go (more likely to go against you if you don't, as you may seem unreasonable - ha ha!). If you make it clear that you will not give in until your child is assessed, then the LEA may well give in.

 

It is true that the Panel cannot give a statement if there is not evidence that the School has not done everything it possibly can within its normal resources to meet the child's needs - but schools often don't record incidents/strategies tried.

 

Karen

[Kathryn]

Hi Karen,

 

It's an independent one. I think I'll approach them as well as start the tribunal process. The NAS person thinks that the mere mention of SENDIST may well be enough to change their minds, although we'll still have to wait till the next panel meeting, I guess.

 

K

[Kathryn]

Well, the next assessment panel meets this Tuesday. We've sent off five more reports for them to read and digest. I've been worrying my head off about it but I know we've done the best we possibly can this time around and I refuse to get stressed out anymore by this ridiculous process.

[Helen]

Kathryn, good luck <'>

 

Helen

[nellie]

Good luck Kathryn. <'>

 

Nellie xx

[Tez]

Good Luck.

[mossgrove]

Good luck!

 

Simon

[Kathryn]

Thanks everybody,

 

<'>

 

After a stressful few days trying to make sure everything was ready in time and safely posted off I'm going to forget about it now and enjoy the weekend.

Edited December 10, 2004 by Kathryn

[bid]

You have done a brilliant job in really difficult circumstances

 

Good luck, we're all rooting for you! <'>

 

Bidx

[Kathryn]

Well, the panel met yesterday and we still don't have a decision (it took me all day to find this out). It appears that they have given us a new six week deadline for this which would take us to the 19th Jan. I had thought that the case would be treated as a continuation of the original request made back in October, not as a completely new case. Now it seems they have an excuse to string this out further. Presumably this means the deadline for appeal will also move forward as the original date was Jan 14. - I jolly well hope so. There's nothing in the COP which mentions what happens when a stat ass request is re-submitted.

 

I feel we are being treated with contempt by the LEA: whilst they play games with deadlines and pieces of paper, my daughter sits at home receiving no education let alone an appropriate one, and we are still a long long way off a statement. I'm tired of being reasonable and following the rules, they seem to be able to bend them anyway they choose to suit themselves. Presumably as her 16th birthday creeps ever closer they will try to use that as an excuse too.

 

I have been told the letters will go out next week - that's completely unacceptable.

I'm going to complain now officially to the D.O.E.

Edited December 15, 2004 by Kathryn

[lisa]

Kathryn,

 

If I was you I would get the tribunal forms and send them off. The initial form you have to fill out is very basic and then they come back with a date for the hearing which normally takes about 3 months. That way you've covered yourself and you can cancel if the LEA agree to your request.

 

After refusing to assess a friend of mine's daughter the LEA told her to wait until they'd had a multiagency meeting to discuss what help they would put in place for her as they felt they could meet her needs. The meeting was conveniently arranged for a week after the deadline for appeal. They gave her the impression that it wasn't a definite no and said that they'd had to make the decision not to assess because of the time deadline. When it came to the meeting it was a total waste of time but now she can't appeal. She's not very happy but has decided to use the next year to gather as much evidence as she can and then try again.

 

I would be very wary but that's just my opinion. I never used to be so suspicious but the treatment we've received from the school and LEA has made me very cynical. Best to be safe than sorry.

 

 

Lisa

[bid]

Kathryn <'> <'>

 

This sounds like really good advice from Lisa.

 

Keep fighting!

 

Bidx

[nellie]

Kathryn, <'>

 

I agree with Lisa, I would also seek advice from IPSEA or the NAS.

 

This is a recent statement from IPSEA

 

What the law says

 

The law says an LEA must assess a child for a statement if there is a 'probability' that ordinary schools cannot meet all the child's special educational needs from the resources normally available to them. If this probability is confirmed by assessment then a statement must be issued.

 

IPSEA may be interested in hearing of your case if you think your LEA is acting unlawfully.

http://www.ipsea.org.uk/barrierstoassessment.htm

 

Take Care

 

Nellie <'>

[Kathryn]

Thanks, Nellie, bid, Lisa.

 

I will contact IPSEA.

 

Lisa, I get the feeling our LEA are acting in a similar way - stalling us deliberately. What maddens me is that the decision has actually been made and no one will tell us. We can't decide our next move until we know what the panel decision is. For all we know they might have decided to assess. It makes me furious that they are starting from scratch again and treating it as a completely new case - I suppose there's nothing to stop them doing this but it seems like a deliberate ploy to frustrate us.

 

K