Stat Assessment Advice

[luch]

I am going to request a Stat assessment, but I also know that they will say there is nothing wrong with my son at school as academically doing ok but below average in most subjects.

I know that will happen, as it has been stated to me for the past year by the SENCO, which is why I had enough and had a private EP assess and was diagnosed moderate dyslexic and moderate dysgraphia (as this was taken off him at High School when primary stated SpLD). Haven't sent the school a copy of report yet wondering whether I should first, and request a meeting. Thing is I have been fobbed off too much over the years and I trust no one in education as they lie.

He was diagnosed dyspraxic years ago, sensory processing disorder and had issues in reading, writing. spelling which was targeted on primary SA+ IEPs.

He more recently has got a diagnosis of asd, I don't know were about's on the spectrum, but they have stated borderline for years and after an ados recently given the diagnosis. This was also after a so called first assessment, so asked for a second opinion. We haven't completed an adir, 3di, disco to my knowledge, but a ccc2 and have been under SALT and Paeds since little. I don't feel that they think his needs are great. He has increasing anxiety, school refusal on and off and also has sleeping issues in settling and waking up. More recently discussing killing himself when things don't work out. He is also under Clinical Psychology.

 

I was wondering what the whole process is after you send in everything, and also what do I state his issues as, do I just list them or state how they affect him at home. I have a strong feeling they will not assess as I was told dyslexic tendencies by LEA EP years ago but never assessed despite requests, and he was on SA+ at primary till it went to SA in year 6 without discussion with me. Should I also request his full educational file? In High School he is on SA with 1 Target for SLCN (also haven't had a review and had to push for a meeting in first term were I was told there was nothing wrong with him and no diagnosis, until OT told her she was wrong) and I was told he had no diagnosed issues despite being diagnosed with dyspraxia, sensory processing and auditory issues, SLCN.

 

Also what happens in an appeal ? Who is present and what happens I ask this as I don't know if I can proceed without legal help, as I gave evidence in a court case which was quite distressing and don't know if I could face the same scenario.

 

I will send all reports I have, is there a time limit on reports e.g. in age.

[Sally44]

You could phone the LA and ask them what the process is when a parent requests a Statutory Assessment. Usually the parent sends in a request for the LA to assess for a Statement, and they usually send in a brief list of diagnosis/difficulties etc. Then the LA writes back asking for a more detailed history - that gives you the chance to go into full details.

 

Your LA may refuse to assess [many do automatically to weed out those parents not prepared to appeal the decision]. When parents do appeal they usually win and the Tribunal Panel Orders the LA to assess. Then you get the Statement, which is usually pants, and you end up at another Tribunal about the contents of the Statement.

 

Whatever the LA's criteria is, that is irrelevant when you to go tribunal because the SEND Tribunal Panel are looking at SEN Law, not local authority internal criteria or budgets. SEN Law trumps whatever the LA say or do [or more often don't do].

 

Local authoritys often do not assess for dyslexia - that is wrong, illegal even, but there is no process to punish them for doing that other than going to tribunal and winning something like 12 hours per term of 1:1 specialist dyslexia teaching.

 

No LA Occupational Therapy department provide any 1:1 therapy for Sensory processing Disorder. They do not deliver any Sensory Integration Therapy and they do not provide any 1:1 therapy for Dyspaxia. Write to the Head of the NHS OT service and ask them.

 

But SEN law says that every need must be identified and included in part 2 of the Statement, and every need must be provided for by the Statement quantifying and specifying in terms of hours and staffing provision/therapy input for each and every need.

 

Statements are legally binding documents ie. the LA must deliver what they contain. There is no monetary limit on what the Statement can provide. The LA is responsible to fund the Statement regardless of school budgets, LA budgets or LA criteria. So what the Statement contains must be provided by law. If it isn't you go to Judical Review and the court orders the LA to deliver what the Statement contains.

 

So, as you know you have been fobbed off, ignored and given the runaround for years. So just don't listen to what they say, they are not telling the truth. Or rather they are telling the truth about what they do - or don't do - or what they provide - or what they don't provide or have a budget for. But that is irrelevant once you have a Statement and the Statement is worded in such a way that it is legally binding [that bit is very important] Just ask for an assessment and take it from there.

 

There are two organisations that it is worth looking on their website. One is www.ipsea.org.uk. They have alot of advice about exactly the type of problems you are having. They also have case law examples and what the LA is telling parents compared to what the government law actually is.

 

Then there is www.ace-ed.org.uk. They have booklets about asking for an assessment and also about getting the Statement right. Both worth looking at.

 

I have been to two tribunals. The first one I had a solicitor and independent Speech Therapist. The second time I had an independent Speech Therapist, Educational Psychologist, Occupational Therapist and I represented myself.

 

Tribunals can be distressing. But the Panel are professional and they do ask the relevant questions. They aren't out to deceive you or trick you. They will be going on the evidence you have submitted, so make sure you include everything to give them a clear picture of your son and his needs.

 

Regarding age of reports or correspondence. There is no age limit on reports/correspondence especially if they are giving a diagnosis. So, from what you have said he has a diagnosis of dyslexia, dyspraxia, sensory processing disorder, ASD - to name a few. A SEND Tribunal would include them in part 2 and would be asking the LA and relevant attending professionals and their reports, what provision needed to be included in the Statement for each of those needs.

 

So, the information you submit should be relevant. The most important documents are those less than 6 months old. So if you do get any independent reports you would be best advised to have them done and send to SEND just inside of the deadline for submitting evidence.

 

You also need to ask Clinical Psychology and any other professional in contact with him to detail what his difficulties/needs are and for them to state if he has an Anxiety Disorder and how his needs should be met in the educational environment and what kind of educational environment he needs.

 

You need his threats to kill himself to be included, as these are his feelings about himself and about the hopelessness of his situation. My own son said similar things and he did attempt suicide, in that I found him on the windowsill about to jump out - I just walked into his room at the right time to stop him. He also self harmed. This evidence is very important. It shows he is self aware, has low self esteem, no confidence, feels so bad about himself that he wishes he was dead.

 

Like you my sons school kept saying they had no concerns. The LA said the same. The Tribunal Panel really chewed them up about that.

 

Please done be scared about going to a Tribunal. I took a photo of my son - a happy photo of him with his sister. I took tissues - and used them. I tried to keep to the facts and evidence and not get emotional, but it is hard, especially when you've been in a position where you could have lost your child - and that was totally due to everyone trying to deny he had any difficulties. And the only reason they did that was because of the funding implications of actually meeting his needs.

 

He now goes to an ASD specific independent school. It costs the LA 50K per annum + £10K pa for a specialist dyslexia teacher. This school has Speech Therapists and Occupational Therapists employed on site. He also has one night a week residential, which we are looking to increase. It took us years to get to this stage, but we got there.

 

Are you seeking an alternative placement? If so it actually works in your favour if your son is out of school and is having anxiety issues.

 

Prior to my son stopping attending school I usedto have to wrestle him into his clothes [and he would be trying to get out of them]. Every morning he would be in tears refusing to go to school. He would be taken to the LA school by taxi and would throw up in the taxi or on arrival at school due to anxiety, and he would come back home. He would refuse to eat, refusing to leave the house, hurt himself, have temper and tears tantrums for days. He developed nervous tics [coughing, twitching, repetitive movements]. He couldn't get to sleep and needed me or his dad inbed with him. He would even vomit in his sleep due to nightmares and worries about school.

 

So on my next visit to Clincial Psychology I asked them how much physical force I should be using to get my son into school because I felt uncomfortable with the amount of force I was having to use. It was clear to me that he was not coping, and that I was forcing him into a place he was not coping which, which caused his anxiety to be so severe he vomited, and then he would be bought home anyway. ClinPsych told me that I was only to use "gentle encouragement". I asked them to put that in writing to me and they did. From then on my son did not go to school because no amount of gentle encouragement would get him to agree to go in.

 

We had a number of farcical meetings in school attending by various professionals. I was sick of the lies and promises that never happened, so from then on I recorded all meetings on a dictaphone and typed up the minutes of the meeting from that. I submitted all these things as evidence that the school and LA were not/could not do anything to meet his needs.

 

I also kept a daily diary of everything he said and did. And I submitted everything as evidence. And we won.

 

You really do need to be at the Tribunal so that the Panel can ask you questions and so you can respond to the lies [or being economical with the truth], that will come from the LA side.

Edited August 10, 2013 by Sally44