Sally44

No professional can carry out the same assessments inside of 6 months. That is why it is important that you have your reports done so that you get your reports to submit to SEND just within the deadline for submissions. Your appeal is about getting the LA to assess for a Statement? In that case I would let the LA EP assess. But ask, in writing to the Head of the LA EP Service, that the EP carries out standardised assessments. And also tell them that your EP report is less than 6 months old and therefore they cannot carry out the same assessments. The LA may decide to agree to assess for a Statement without the Appeal. It should just speed up the process by a few months. But, as you know, the LA may still issue a Note in Lieu [however your other reports are evidence that she needs a Statement]. And you will end up appealing the finalised Statement in any case. Although you do have an EP assessment the LA EP can come in and assess. And you do have to be seen as cooperating. So don't refuse the assessment as that looks bad. But it is very important that you ask the Head of the EP Service to carry out standardised assessments of her cognitive ability. Do you have any report that states she is around average cognitive ability? If the EP assesses, and you've requested, in writing, that he carries out full standardised assessments, then they are more likely to do those assessments and it is harder to fix the results. Although the deadline for submissions is near, you or the LA can have additional information/reports etc that you can ask the SEND panel to admit on the day, and the Panel look at the information and decide whether to admit it or not. Both you and the LA can object to additional evidence being submitted, but the Panel has the final say. We had a diagnosis of an Anxiety Disorder that arrived the day before the actual Tribunal. On the day we submitted it as late evidence. The LA objected to this submission. The Panel overruled the LA and also reprimended them for objecting to a medical diagnosis being added to the evidence. So it can work in your favour - but can also work in the LA's favour IF their EP assesses, and his findings are not as your other experts. But that would be hard to achieve if he is carrying out standardised assessments, and you do have her school results etc too. Most likely the LA will invite the EP to attend anyway. It is very important that she has not made progress in a class of 10 with additional teaching support. That means she needs MORE. Ie. smaller classes, specialist teaching, specialist school etc. Most independent schools have class sizes of around 8.

Although it sounds like the college are not doing what they should in terms of support; I think it must be a nightmare for them to be dealing with a group of children who are behaving like you have described the circle of teenagers around your son, which also seems to include your sons behaviour too? And your son should really find a better group of friends than these because they do sound like trouble and no teacher is going to go out of their way for any child behaving like these children are.

My son is 13 and still cannot ride a bike.

At the moment Childrens services are funding one night respite a week ie. 52 days a year. The intention had been to use one day during holidays as well. But CS did not check with school, who apparently have no children at all over school holidays. So no point sending my son into school when there is no-one there. So currently I am using two nights a week, until the funding for the additional night runs out. Childrens Services came to see us and have asked us to detail how we would use 10 hours a week respite during school holidays. But have stated that if they agree to fund that, that the night during school holidays will cease. And the short break we have of 2 hours a week will cease as well. I am trying to get more support for my son whilst in school, as most of his refusal is to do with his anxiety and OCD. However the school were not good at the Annual Review, and have sent in a report which basically says "no concerns". I am very upset about that, as this school should know better. I have sent in my letter to the LA asking for the amendments I think are needed. And I have a meeting with the Deputy Head next week. But I have also had to keep very good notes, and send some quite strong letters to Childrens Services to get them to even suggest what they have - and still no idea if they will even agree to it.

I agree trekster. I think that those children diagnosed Aspergers were automatically assumed to be more capable, when many needed alot more support and therapy than they received. Whilst those diagnosed with an ASD may have been accepted as being less able, when that might not be the case. Even those diagnosed with Aspergers do have problems with literal interpretation of language and problems with social communication - so starting to talk at the right age is not really indicative of a persons speech and language and social communication difficulties. My son was diagnosed ASD. The Paediatrician did talk about Aspergers, but because it was obvious that he had speech and language difficulties we all agreed ASD was the right diagnosis. However, I do see that even the current diagnosis of everyone being ASD or ASC is still not really helping if each child is not assessed to see where their strengths and weaknesses are. And that always boils down to funding issues around the cost of assessing from a variety of professionals.

I would still suggest you get in touch with Citizens Advice and see if there is an organisation that can help you with the application, as it is often about wording things correctly. Sometimes it is hard for us to see what the need is because it has become 'normal' within the family to do things in that way. Can IPSEA help you with the fact that the college are not providing the support they are supposed to.

Do you mean you have noticed a real loss of skills? If so make a note of them because it will be useful for the paediatrician. Or could it be that her peers have developed and she has stayed at the same level. For example, not having good social skills at 2-3 is typical. Having those same problems at 5+ is not. And the gap becomes more apparent as children grow and become more and more dependent on language types of socialising. I do feel that my son has lost some things. For example as a toddler he could smile. Now as a teenager he does not automatically know the right facial expression to have, and does not have a 'photograph smile' that most of us can conjure up.

This is a charity that gives advice to families about Childrens Services [formerly Social Services]. They give advice about their involvement, and also how to get them involved. http://www.frg.org.uk/ I have found their advice very useful.

It is not just your LA. As I said in my post, SEN law [which is central government law] is making changes to the special educational needs system, and one of the things they will change is that a Statement will not automatically cease once a child leaves school and will continue up to age 25. You can read about these governmental changes on the IPSEA website.

Can IPSEA give you any advice at all? I presume the college themselves detailed what the support was that Dan needed? And now they are not providing it, or allowing Dan to use the things he is supposed to as part of the support package? I don't know how you complain, or who to - but I would lodge a formal complaint and bring up Disability Discrimination if that would help. In my experience any time that we have been promised something and it then fails to materialise, I always ask that person to put in writing why x, y or z is not going to be provided or allowed as was promised or as is detailed etc. People are very keen to "say" things verbally, but it is a whole different ball game when you ask them to put their name in a letter and detail why they are not allowing a disabled student access to the supports he is supposed to have as per the document you refer to.

You don't attend a medical to apply for DLA. I found an independent benefits advice service via my local authority and they helped me complete the form. They know how to word it. You can give the contact details of any professional you think would be helpful [and think carefully about that because some of them are not!]. And you can include any correspondence or reports you have about your child. Not sure if his age means DLA or AA [or the new name it is now being given]. It does not matter that anyone else in the household also gets DLA or AA or Carers Allowance.

I thought that Social Services were supposed to assess on need, and that if they did not have any services in house, [and even if they do], they are legally obliged to offer Direct Payments as an option. What SS keep saying is that it is our parental responsibility to look after him full stop. So eventhough he gets the high level of DLA for care [which means he needs day and night care], we still have to provide it. They have said at meetings that I should stop work. But then they cannot tell me how we are supposed to pay the mortgage, put food on the table and pay bills. Who can afford not to work and stay at home. I'm not a born millionaire. And if I am at home full time to be with him on the days he might/does refuse school, or is ill, then I cannot claim job seekers allowance as I cannot take any employment. And I would never get a job if I have to say that I have to be at home until my son has left for school and if he refuses I have to stay at home, and that could be anything between 1 or 5 times a week. That I have to be at home by 4.00pm every school day. That he also has repeated ear infections so I would typically have to take him to the GP around once every fortnight and if he has an ear infection I have too be at home with him until we get the pain under control, which is usually another 1-2 days. And that I cannot work evenings or nights as he needs constant adult supervision after school and I cannot work weekends or during school holidays. Does that leave any days or hours that I could be available for work????? And I did stay at home full time for 10 years, until he started at this residential independent school. I am not happy with them at the moment because we have an an AR where they said he was making progress and they had no concerns eventhough his attendance is low and he is not accessing education or the specialist teaching and therapy that the LA is paying for. They also need to add OCD into his Statement and therefore MUST put something in part 3 for this need. He does not get full time 1:1 in school, although the school have said that they can practically provide that with the current level of staff [and by using 1:1's from other children when those children go elsewhere for therapy etc]. Definately illegal. I know there is something on the IPSEA website about case law that says something like although a specialist placement may not need to be as specific as another type of school, that that does not mean that therefore they don't need to quantify and specify when a certain level of provision is required. So i'll have to dig that out. Just annoyed that the school are not supporting my son and the family as they should be. Why does having a SEN child have to equal family poverty? What I need is at least two nights [preferably 4 ] residential in school each week, which should be funded by Social Care, Education and Health. And then the equivalent of around 10 hours a week to help me buy in extra help during school holidays. My son is supported 1:1 during the residential stays and it shows in how he accesses the social side of things and the fact that he always wants to go. My husbands family do not live in the UK. We do not have a network of family and friends, as often families with SEN children end up isolated because you don't have the time or money to socialise and meet other people. I have an elderly mother who has him one or two times a week, and a sister with learning disabilities who can sit with him another day a week, and his older sibling. My mum is struggling to help, and TBH, I should be caring for her and my sister rather than them having to help me cover all the hours he is at home.

Okay. I'll let everyone know the outcome. But it is hard ATM with Social Services involved - and I asked them to be involved but they are just making things alot worse. They are challenging out capacity as parents at the moment because I had asked for support as his school refusal during term time, and having to have an adult always with him during those times, and also at weekends, and full time during holidays and 24/7 as he wakes up at night is impossible for any family to cover. And SS have basically said that I should give up work to ensure that my son is always supervised. So not quite sure how it is going to go at the moment.

Then I would suggest you contact www.IPSEA.org to see if by the time he should be taking A levels etc that his Statement should still cover him.

Thanks for the info. I've had a look through and cannot see any actual figures. I know that DLA will be affected, but I wanted another parent, who has a child in school residentially Monday-Friday to tell me what they receive ie. what is left of the care component once deducations for residential have been made. My understanding is that the mobility element is not affected at all.

I also think a discussion between the two of your, without the boys around if possible, needs to be had. It is hard. Almost 50% of all marriages fail anyway, nevermind one that involves a child with SEN, and you have two children with SEN. I think that my own husband has given up. I know he loves our son. But he does not do, or attempt to do anything with him because he feels it always ends in tears/anger and frustration on both sides. Recently he told me he wanted to adopt a boy so that he could bring it up and do things with that child that he could not do with his own son. Where do you begin with that? My husband obviously feels he is missing out as a father and on the father/son relationship he cannot have as he imagined or expected it to be. I get angry that he doesn't attempt anything, and I certainly don't want another child in the household when I feel that we don't have the time for our own two children. I told my husband that there is no guarantee that ANY child, your own or an adopted one, is going to have the same interests as you do and want to spend their time doing the same things that you do. Years ago I used to be afraid that he might not be able to cope with having a SEN child and that he might leave. Now I have times when I wish he would because I feel like there are 3 children in the house. But at the same time, my husband said that if he cannot talk to me about how he is feeling, who can he talk to. Being, and staying married isn't easy. Hope you come to some agreement. And hopefully set some ground rules.

Sorry, but I'm confused by your post. You've asked for him to be kept back a year. But now you're worried incase he is ready to take GCSE's early? Why did you want him kept back a year if he is academically able? And also why seek it when you know how important it was for him not to feel demoted. Whatever is being arranged needs to be practical in the sense that your son is on board and not likely to refuse, as that is just wasting everyones time and energy. Also, why didn't you stick to your first parental choice of school. Chances are a Tribunal Panel would have Ordered the LA to make another place, and if you had known what you know now, that would have been one of your arguments for your choice of school being the ONLY ONE that could meet his needs. Regarding the Statement, was the placement amended by the Local Authority, or did you go to a Tribunal and the Tribunal Ordered the LA to amend it? When was the Statement finalised and dated as you can appeal to SEND within 3 months of that date. I would advise that you speak with someone at www.ipsea.org.uk Statements are supposed to be changing to cover children up to age 24 or 25. But i'm not sure WHEN that is going to happen. If it happens within your timescale, then your son should be okay.

I am trying to find out how DLA will be worked out if my son stays residential in school Monday - Friday and comes home Friday afternoon and goes back into school following Monday morning. He would also be home for school holidays. I have found information that DLA would be worked out on a "daily" basis, but wondered if any parents out there know what the figure would be. My son gets high rate for both care and mobility.

I am trying to find out how DLA will be worked out if my son stays residential in school Monday - Friday and comes home Friday afternoon and goes back into school following Monday morning. He would also be home for school holidays. I have found information that DLA would be worked out on a "daily" basis, but wondered if any parents out there know what the figure would be. My son gets high rate for both care and mobility.

It is about reducing and managing anxiety. No amount of therapy is going to help with that if he then has to go into an environment that he cannot cope with. But I am not saying turn down any therapy he needs. Just that the therapy might help him in any number of ways, but the fundamental is reducing his anxiety. You may need to consider another learning environment or college if the current one is not being helpful. Things to consider are that they should be smaller and low arousal. So a smaller college, smaller classes, less stimulating environment ie. walls, decoration, distracting things that would overload or overwhelm him Specifically in college for things to be tailored to his needs ie. lessons on worksheets if needed, a reader/writer if needed, being able to record lessons on dictaphone. Adult support to go over lessons and what he is expected to do. His speech and language and auditory processing problems are going to impact on what he 'hears' and what he 'comprehends', so an adult to check he is on the right path. He may need help with organisation and planning of projects, homework, classwork etc. He may have short term and working memory problems that need to be supported via worksheet printouts etc. He may have problems with sequencing etc. I would suggest medication as a last resort WHEN everything else has been done and tried and still isn't enough. Medication will 'mask' the issues and not resolve them. If he had no other issues other than anxiety, then medication now might be appropriate. But he is anxious BECAUSE of ........ and he may well have heightened anxiety as well. But the more issues are resolved and supported the less the anxiety. I presume he has a diagnosis? Does he receive DLA. If not claim it as it gives you access to other things. You might be able to use Disabiity Discrimination laws too if he cannot access learning because the college have not made reasonable adaptions and provided the kind and level of support he needs. Someone within the college should be assessing all this and putting together a support package.

Glad they backed down so you didn't have to go to Tribunal. But so frustrating that they've also let you know you'll be going through the process again in the near future! Sometimes I think we need funding so we can employ a secretary to manage all the paperwork we have to get through. I'm having a nightmare with mine at the moment. We've had an annual review, which I am asking for amendments. But I am having to write to each professional to ask them to quantify and specify - as they haven't. Plus we are also in negotiations with Social Services for full time residential due to safeguarding issues, and that is sending me over the edge, because we keep having meetings where everyone agrees he needs the support etc, but no-one is agreeing to fund it. So I am also seeking full time residential via the Statement as only via that route is it legally binding. At the moment I am having approx 2 meetings a week about my son with some professional or group of professionals - plus my son is frequently refusing school so I have to be at home with him, and can't get in to work. And Social Services are being quite intimidating at the moment - if I get the time I might post about it. But just keep your chin up. You've won this time. Post if you need more info or advice.

You don't have to tell the LA your decision at this point. Leave that until the Draft Statement. But knowing what school you are aiming for will help. Do you know if your daughter is around average cognitive ability?

You know that to attend mainstream secondary she needs to be above level 3. What will help is if you have an EP report that states her cognitive ability is around average, because then it demonstrates that she is underachieving because of specific learning difficulties as opposed to general learning disabilities ie. lower IQ. Do you have in writing the LA's policy of not assessing for dyslexia until 6 years behind? If not get it, and you can do that by writing to the Head of the EP department saying that that is what you have been told and can they confirm that they refuse to assess her for dyslexia. You could still end up at Tribunal and the LA will say themselves that there is more that they can do. So you need to ask for it in writing and get their refusal in writing to demonstrate that they would not do it. Because if the LA then say that they could do more, you can refer to the letter where you have asked them to do what they are now saying they can and will do, and that you did not do it. And you really need to find the school you want because by the time of the Tribunal [for the finalised statement] you will be in transfer year or she might have already be at secondary stage. When you write to the Head of the EP service also include a request for their advice on which school you should visit to consider for secondary, and if they won't name a specific school ask them to name a type of school. You need to know if she is MLD or average cognitive ability with SpLD and it will help to know what the LA is thinking. At 2A at age 10 they may be thinking MLD special school. And if they are thinking mainstream, then they need to get her levels up above 3. Your argument at Tribunal [if you don't already have an EP report that has carried out standardised assessments which state her cognitive ability], is that the EP must assess her because at 2a she will not be able to access mainstream education as she has received no specialist teaching etc yet you, school? and the LA? are saying she should remain at mainstream for secondary. And if the LA thinks she has MLD, they need to assess for that using standardised assessments and also MUST provide a Statement to get access to any special primary or secondary school [which I presume is the criteria within your LA, ie. that a child that is going to attend a special school must have a Statement]. So you are in a win win situation using that argument. Remember that whatever criteria any LA has, that does not mean it is legal. However the only place you can challenge that is at Tribunal. I know the SEND Panel will be on your side if you include documentation in your bundle that states the LA policy on not assessing for dyslexia until 6 years behind. You can highlight aspects of the Jim Rose report relevent to your case, and include that in your bundle too. But you need to find your parental choice of school asap, so that you know what you are aiming for as your next Tribunal about the finalised Statement will also include part 4 [placement]. Don't worry about the LA or school saying she is making progress. You can prove she has fallen further behind. You have her own opinion and her own handwriting. What is her current school teacher saying is the secondary school for her. That should tell you if they are thinking mainstream or special school.

Have you read through the Rose Report? http://webarchive.nationalarchives.gov.uk/20130401151715/https://www.education.gov.uk/publications/eOrderingDownload/00659-2009DOM-EN.pdf

Will there be minutes of the meeting? I would suggest you write up your own and compare them to what arrives from the LA or school as it maybe very different to how you remember it. You need to prove lack of progress, or the gap widening between her and her peers, or loss of skills etc. If the minutes do not contain the LA's criteria for assessing for Dyslexia, send the Head of the EP service a letter stating that you have been told by the LA that they will not assess for Dyslexia until she is xx years behind her peers. That all the evidence says that the sooner dyslexia is diagnosed the better the prognosis. Ask the Head of the EP service to confirm that they refuse your parental request to assess for Dyslexia and ask them to confirm that they adhere to the LA criteria and are happy for a child to become xx years behind their peers before they are prepared to assess or make recommendations. Ask them to reply within 14 days. I know that you have got professionals coming in to assess, but at this stage you are appealing a refusal to assess? Although your independent reports should give you a baseline from which to measure progress, which would be very useful, the chances are that you most likely will need further assessments carried out, especially for the transition to secondary and depending on the type of school that might be, and you only have a year to go before that. Because what could happen is you get the Statement, it is not worded so that it is legally binding etc and you need to appeal that - or maybe the LA don't agree to your parental choice of placement. That would require you to appeal the finalised Statement. Your independent reports will be more than 6 months old, which gives the LA the opportunity to re-assess and come up with their own findings and recommendations, which will not be the same as the professionals you have paid for. Potentially that might involve your daughter starting at a school that cannot meet her needs, and you having to go back to tribunal to move her. What is her Key Stage level now? how much weight does the rose report hold at tribunal - The Rose Report was commissioned by the Government. But also the SEN Code of Practice says that "Each and every need MUST be identified". So also put that in your letter to the Head of the EP service. They do know this of course. But you putting it in writing and asking them to explain their behaviour works in your favour because the LA cannot deny knowledge of your concerns at any Tribunal, when you have specifically asked them to assess and asked them to abide by the SEN Code of Practice and identify each and every need and quantify and specify in terms of hours of support, staffing arrangements, therapy and specialist teaching input to meet each of those needs. That is what a Statement is for. They cannot deny her a Statement on the grounds she does not need it - and achieve that by not assessing and therefore not finding any needs. And also the LA might have their own criteria, that is not what the SEND Panel goes by. It goes by SEN law as per the Code of Practice.