Jump to content
Sign in to follow this  
Sallya

Statement has been turned down

Recommended Posts

:wallbash::wallbash::wallbash: : :wallbash::wallbash::wallbash::wallbash::angry::angry::angry::angry:

Any one know the feeling?

Why do they always send you things like this on a Saturday when you cant do anything about it? I will talk with the head when they go back to school, she is very supportive and really wants a statement for D.

My gut feeling is see you at tribunal, it might be an over emotional response, and I might not be very rational at the moment, but I will get him that statement.

Share this post


Link to post
Share on other sites

We know the feeling all too well. :angry::angry::angry:

 

The LEA initially turned us down for an assessment, let alone a statement. I understand what a gruelling, demoralising process it can be at times.

 

Ultimately we were successful on appeal, and now have a statment that includes full time 1:1 support.

 

Do you mind me asking if they have assessed D and declined to issue a statement, or declined to undertake the asessment?

 

Simon

Share this post


Link to post
Share on other sites

Sorry to hear your news Sallya. It may be a good thing that you have a chance to calm down before you speak to anyone official. You can work out what you want to say rather than storming in and perhaps saying something you might regret. I think it is more the norm that statements are refused first time around than given. For us this battle is still in the future but I am dreading it already. Good luck.

Share this post


Link to post
Share on other sites

So sorry Sallya to hear your bad news. We are just waiting for Joe's statement news. We had heard that they are getting increasingly difficult but it seems that you have just the right attitude and a fighting spirit is essential. Good luck

Joe's gran >:D<<'>

Share this post


Link to post
Share on other sites

I dont mind you asking; they have turned down the assessment;

the reasons;

 

"the evidence provided to the panel the level of Ds difficulties do not place him within that small group of children, which would normally warrant a statutory assessment.

 

His test results place him at a level which would normally be met by appropriate school action

 

SENCO to liase with middle school SENCO to aid his transition into middle school

 

The school will be asked to continue supporrting and monitering Ds educational progress and to seek advice from their Ed Pshch, Social Communication and interaction team and/or the Learning support team at reg planning and review meetings when appriopriate.

 

D is recieving support through

 

targeted in class, individual and small group support with LSA.

 

Small group support with head.

 

 

We beleive it is appropriate to meet his current needs. Written to school telling them of our decision. We are confident D will continue to benefit from their help, sure they will be happy to speak with you."

 

They have given me the name of an acting Ed Officer( Inclusive Learning Team) to arrange a meeting which I think I will do, and

Parent Partnership leaflet and a leaflet from Global Mediation.

 

They also say " We would hope to resolve any concerns that you might have locally, but in the unlikely event of us not being able to agree the way forward, you do have the right of appeal to SEND Tribunal."

 

D has a lot of problems working independantly, and the Head says a statement would protect him in middle school.

 

What do you think the best way forward is? I need a plan of action . D is at the more able end of the spectrum, and he has made good progress, but the school is exceptionally good, and understand his needs so well which I know is rare,I have the choice of 2 good middle schools which is another thing I am dealing with at the moment.

Thanks for replying

xxx

Share this post


Link to post
Share on other sites

Sallya

 

Sorry to hear your news. I'm sure you'd feel much happier if D had a statement before he goes to Middle School so I'd say keep pushing, especially as you have support from his current head. You may find he might carry on making good progress at Middle without but you'd be very dependent upon the goodwill of teaching staff.

 

You can also bet your bottom dollar that he'll definitely need it for secondary, so keep pestering as it will be one less thing to cope with later.

 

Barefoot

Edited by barefoot wend

Share this post


Link to post
Share on other sites

I am so sorry, you must be gutted.

 

You could ask the LEA for a copy of their criteria for statutory assessment, you might find it on their website, read through this and see if D fits this criteria. If your child is diagnosed with asd then their needs are complex, children with complex needs should have their needs assessed.

 

Have a look on the IPSEA website for further information. I would also suggest that you telephone IPSEA for advice before taking any action.

 

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

 

Statutory Assessment - Complex Needs., Extract from the Code of Practice.

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

 

Keep us posted. Don't forget we understand and will always listen to you.

 

Nellie >:D<<'> >:D<<'>

Share this post


Link to post
Share on other sites

Sallya,

 

Sorry to hear your news. You must be very upset, I couldn't quite believe with my daughter that the LEA weren't even willing to assess her needs.

 

I'd get the forms for tribunal and send them off as soon as possible. It can take quite a long time, we were refused assessment at the end of October and our hearing for tribunal is 9th March. Even if we win this stage it'll take about another 4-5 months to assess and if the LEA refuse a statement it could be another 6 months to go to tribunal again. You can stop the tribunal process whenever you want if the LEA agree to assess. The LEA persuaded a friend of mine to wait and see what they could come up with at a multiagency meeting to support her daughter. They then said at the meeting that they felt she was receiving adequate support but by then it was too late for my friend to appeal the decision as she was out of time. :shame: Some LEA's are very slippery like this.

 

Good luck whatever you decide.

 

Lisa

Share this post


Link to post
Share on other sites

Hello Sallya,

 

If you're going to try to change the LEAs mind about having your son assessed, you will need to go through all your paperwork again to provide an arguement for an assessment.

 

If I were you, I'd definitely obtain some advice from the usual helplines. You could contact the NAS and request an education advocate, for this person to go through your paperwork for you, to highlight important areas for you to focus your arguement on.

Share this post


Link to post
Share on other sites

Thanks everyone, I am making a list of things so I have a plan of what to do next. I have calmed down a bit, and have been making cakes with the kids(never again!). The website does not have the criteria for statutory assessment on it, so I will find out what that is first , call IPSEA and see what the head says, thanks again

xxx

Share this post


Link to post
Share on other sites

Hi Sallya,

 

Nellie has given a very good pointer to the circumstances under which the LEA must proceed with the Statutory Assessment. This is the link to the "Complex" needs.

 

That is the glass slipper that has to fit our childrens foot. "Complex and long term"

 

I do not think that there is anyone amongst us who would not be able to describe their childs needs as "complex and long term"- but you have to ensure that all your appeal letters and parental representation letters focus on the childs needs being complex and long term.

 

Nellie, I came out of the naughty chair to answer this post!!

 

Best wishes

 

HelenL

Share this post


Link to post
Share on other sites

Hi Sallyanne,

 

:wallbash::wallbash: on your behalf.

 

We are at a similar stage, fighting to get a statutory assessment, so I sympathise. I've had two letters like that so far and it does leave you feeling awful.

 

I've got nothing to add to the excellent advice already given. IPSEA and NAS are helping me a lot. Phone them soon and leave a message because they take a few days to get back to you.

 

I got my LEA's criteria for statutory assessment from Parent partnership. (This was slightly different from the information booklet produced for parents!) Your school might also have a copy of this.

 

You have a lot to think about at the moment. Don't lose hope, you'll get there!

 

K

Share this post


Link to post
Share on other sites

Hi Sallyanne,

 

The main thing is not to give up!

 

Keep on fighting, even when it feels hopeless, and you will get there in the end!

 

Bid :wacko:

Share this post


Link to post
Share on other sites

:wallbash: keep up the good work......you will get there in the end.

:robbie:

Share this post


Link to post
Share on other sites

I spoke to the head this morning, she is steaming that his assessment has been turned down; she is going to resubmit the paperwork at the end of term. I spoke to IPSEA, who have said that I can resubmit the paperwork, and appeal at the same time. I have called NAS to ask for an advocate to go through all the paperwork to present a case, I have called Dfes for copies of the SEN toolkit and the code of practise( my computer plays up if I go into a PDF), and I have called the education office for the criteria for statutory assessment, which they are rewriting and will have the new criteria in April. I asked for them to send what they have now, and the new one when it comes out. Also called SENDist for paperwork for an appeal.

 

The head is also getting the ed physc involved. Have I missed anything out??!! Oh got to write a letter to ed office telling them I am appealing against their decision, thanks for all your advice, it made it less stressful.

Share this post


Link to post
Share on other sites

Hi Sallyanne :)

 

Apologies if you have already done this...

 

I also submitted photocopies of my son's work, extracts from his planner and an exam paper to show his problems with handwriting and organisation.

 

Good luck!

 

Bid :wacko:

 

Just another thought...it's great that the school is supportive, but the Head will need to submit additional evidence, not just resubmit what has already been turned down if you see what I mean :blink:

Edited by bid

Share this post


Link to post
Share on other sites

Hi Bid,

I spoke to the head again today, and mentioned this, she said that is why she is getting the ed psych involed. I thought it might be a good idea to write down some of Ds history and present problems for the EP to read, as it can be difficult to get to get a full picture from one meeting. These include, he needs constant reminders about self hygiene, cant use a knife and fork together, cant do shoe laces or buttons, poor organisational skills, poor handwriting , uses literal language and copies from tv, radio, books and tapes, cannot tell the time, or describe things that have happened, appears to have mature language that he copies ; but lacks the understanding of what it means,has poor gross and fine motor skills, is over emotional and needs guidance at big events at school, cant cope with assemblies or music lessons and often has to leave because he cant cope; wants to be the leader and gets very upset if the other boys wont play his way.... it sounds like a catalogue of disasters....but because he is a happy boy with a big personality it can be hard to spot .....so I need to word it very carefully... he has seen OT..physio.. speech therapist...physcologist from CAMHS....(this is probably why they didnt get the EP in before...only guessing here..).. .

Share this post


Link to post
Share on other sites

Sallyanne

 

You are doing a great job!

 

One of the things that will come into play is the amount of resources that are needed to meet your son's needs. In particular it would be useful if the head teacher could emphasise that he is already devoting considerable resources.

 

In our LEA area they have a units system, there may well be something similar in your area. It works like this.

 

Full time support is assessed at 12 'units' of provision. The school is responsible for provising the first 5 units from within their SEN funding. Any units over and above that are provided by the LEA via the statementing process.

 

The LEA have a policy that they will refuse all requests for statutory asessment until the school has provided 5 units of support for at least two terms. If the needs are less than 5 units worth of provision they argue that a statement is not required as the school is able to meet the child's needs. It the child needs are above that, they will not proceed until it has been demonstrated that 5 units of provision is insufficient to meet the childs needs. The only exception to this seems to be where a child needs are such that they do not go to mainstream at all.

 

This is an unfair system because it introduces an unecessary delay in getting provision to children with a high level of need, it risks prolonged disruption forthe class if the child is painly not coping, and it makes it nigh on impossible to get a statement if the school is not fully co-operating.

 

I mention it only because it is entirely plausible that your LEA is taking a similar view. Strange as it may seem, you may need to emphasise the amount of provision you child is already getting just as much as you need to emphasise the needs that are not yet being met.

 

Simon

Edited by mossgrove

Share this post


Link to post
Share on other sites

Morning everyone.

Sorry if this is a bit muddled, I have worked a couple of nights this week, and I cant think straight. Plus I ve got the headache from hell.

 

Regarding the EP, Ds name was brought up with him at a meeting this week.

 

EP says that the LEA feel D is getting adequate support, and has made some progress.

 

School say D has made a little progress, but it is slow, and because he has a lot of support; that he cannot work independantly, and with extra help he would make even more progress. His sats results were low, and an adult listened to him read through, and marked the answers that D thought they were, because D will just tick any box to get it finished as quick as he can.

 

It doesnt look as though the EP is going to see D.

 

He also said that having Aspergers( D has ASD, so I dont think he has fully read about D) doesnt mean that a statement is necessary.

 

 

I am thinking about getting an independant assessment by an EP done.

 

I am waiting for a lady from the NAS to call me back this morning

 

She wants me to give the reasons why I am appealing, and to be honest, I just cant think straight, with 99 hammers pounding in my head!

 

 

Middle school will be a big change for him, he finds change very disturbing. He finds it difficult to trust new adults, he has built up some good relationships with the adults at his present school, and he will find it very upsetting to say goodbye to them.

Now the tears have started and I cant see the screen! Ca n you help me get my reasons straight? :crying:

Share this post


Link to post
Share on other sites

Hi Sally if you can afford it a private ED physch report may be a good idea.In our parental evidence we had a EP report and a visual and audio reports all done privately.I know it,s hard but try and think of all your childs bad points as regards the ASD, then find the relevant specialists to compile reprts.You may have all ready done this as part of your evidence.The real benefit we had in gaining a statement came from the fact that my son was severely underachieving in one report it stated he was in the bottom 5%.Although his iq was top 90%.This descrepancy was significant,and the basis to agreeing to statement..Keep fighting we got there eventually, an ed physch report could be really good ammo in the fight. :ninja:

Share this post


Link to post
Share on other sites

Sallya

 

I would also advise and independent EP report.

 

My son had an LEA EP report at school in Year 5. It seemed very comprehensive but showed him to have a high verbal IQ and did not highlight any particular concerns.

 

When he was in Year 7 I went to a private centre and had an independent EP report which again highlighted his high verbal IQ but also noted a large discrepancy between this and a low performance IQ which indicated a specific learning difficulty. This report was truly comprehensive.

 

This EP said she couldn't believe that the LEA EP had not picked up this obvious problem and questioned me in detail about all the tests the previous EP had done.

 

It turned out that the LEA EP had done all the performance IQ tests but had neglected to mention them in her report.

 

It was certainly worth the extra cost.

 

Barefoot

Share this post


Link to post
Share on other sites

O k I will look into this more. At the moment I am struggling to write my reasons for appeal; hope you dont mind if I run them by you, in case you can think of anything I could change or add;

 

 

To whom it may concern, My reasons for appealing against the decision to not give my son.... a statutory assessment are as follows;

 

He has made a little progress, but this has been with much help and support from the adults at his school.

 

His progress has been slow. He finds it difficult to trust new adults, he has built up some good relationships withthe staff at his present school and he will be very upset to say goodbye to them and will find it difficult to build new relationships with new adults when he goes to middle school.

He finds it hard to control his emotions. He gets very distressed and at times curls up into a feotal position and takes much encouragement or distraction to recover from this.

He cannot work independantly in the classroom. He is easily distracted.He has a short concetration span. Without adult support, he is unable to think things through for himself. This upsets and frustrates him, and leads to tantrums and rages.

His lack of understanding other peoples thoughts and feelings can lead to arguements, and his differences compared to his peers put him at risk of being bullied. H e needs an adult to keep a close watch and intervene, because he can also become aggressive if children will not play the game his way. He is very rigid in his thinking.

 

Socially, he is very vunerable. He needs a graet deal of understanding and support from his teachers and peers on how his autism effects his feelings and behavoiur.

 

He has poor organizational skills, needs constant reminders aboutself hygiene, has poor gross and fine motor skills and has no awareness of danger. He cannot cope with assemblies and music lessons, and he gets over emotional and needs guidance from an adult at big events at school.

 

With extra help he would continue to make a little more progress. Without extra help he is vunerable and he will struggle to progress any further....

 

 

 

 

 

Is this ok? Can I improve it any way? Sorry if I am asking for to much help here, but Iam finding this part of it really difficult.

 

lots of love

sallya

Share this post


Link to post
Share on other sites

Hi Sally A

 

I would agree with barefoot wend, a private EP assessment, from someone who knows about AS would be a good investment. I know it costs the earth, but ours provided the foundation for all the appeals and challenges we have made so far. Incidentally, we also had the huge discrepancy between Verbal and performance IQ - it stood out a mile.

 

I'm glad the NAS is helping you. I sent my advisor all our evidence and she wrote my rough draft for me which I found really useful as she was able to pick out the important issues to focus on: like you I had loads of thoughts about my child going round in my head, but there are particular things you need to say which will press the right buttons as far as statementing is concerned.

 

You've summarised your son's problems very well, but the LEA will no doubt argue that the school has the resources to help him, and nothing extra is needed. As Simon has said, you need to emphasise that although the school are supportive, the amount of help your child is getting is not enough and the school cannot provide what your child needs from its own budget, that's really important. So you need someone from the school, the head or senco, to give you specific information about how resources are allocated, eg. what the sen budget is, how many children with sen there are at the school. This will probably form the basis of your appeal.

 

hope this helps,

 

K

Share this post


Link to post
Share on other sites

Do you have any notes from the teacher, perhaps correspondence within a home/school book which highlight the difficulties that you speak of? If you have, you will need to photocopy this documentation and include it with your further parental representations.

 

You should also mention what you would want the LEA to provide for your son should he receive not only an assessment but a Statement of Special Educational Needs.

 

I've taken your information and slightly elaborated on it - if he were my child, this is what I would be looking for in way of support:

 

He would need a full time 1-2-1 LSA to support him in the classroom:

> to help him with his work

> to keep him on task, to prompt him due to his short concentration span - to possibly scribe for him

> to help him organize himself and his work

> to remind him about self hygiene - what is/what is not appropriate

> to intervene in any concerning situations where your son may feel at risk and lash out at other children, this being due to his inability to understand the emotions of the other children.

 

He may need a social skills programme to encourage him to:

> interact with other children

> become less rigid in thought

> learn about turn-taking in games and also in role play

 

Due to your son's poor fine/gross motor skills, he may need advice and guidance from an OT. He may need:

> a handwriting programme to address his poor fine motor skills

> to use a specialised pen grip should he have to use a pen

> to work on a computer instead of having to write on paper

> a certain type of chair to sit on, to support his back

> a copy holder (an upright frame with a base which can hold a sheet of paper) which could be put in front of him, should he have to do any copy work

 

He may need time out from assemblies due to his sensory issues (I'm not sure but I think a child can be withdrawn from an assembly at the request of the parent) - on the same note careful consideration ought to be given to music lessons for the above reason. Careful consideration should also be given to the lunch time break in the dinning hall, where there can be a hub of noisy activity.

 

Due to the way his ASD impacts on his life, you should also request advice and guidance from the LEA's advisory teacher for Autistm.

 

You should request that other teachers in the school and anyone else who should come into contact with your son, be notified of your son's difficulties.

 

Lastly, change the wording in this:

He has made a little progress, but this has been with much help and support from the adults at his school.

Put down: He has made little progress, in spite of receiving much help and support from the adults at his school - you would then be stating a fact, instead of politely 'excusing' the school.

Edited by Helen

Share this post


Link to post
Share on other sites

Sallya,

 

... forgot to say, I too had to go for independent reports - this was when I was going through the tribunal process.

 

In hindsight, I can now say that it would have been a lot easier for me if I had obtained these independent reports from the outset of the statutory process.

Share this post


Link to post
Share on other sites

Thanks Kathryn and Helen,

 

I have all the paperwork that was sent to LEA for his assessment. I have made photocopies of everything. A copy is going to the NAS lady for her to look through.

 

He has had an occupational therapy programme in place since reception, and the Behaviour support team for 2 years. This will be different when he changes to middle, different team for older kids.

 

The buget is changing next year, the school will be allocated money for SEN, to choose how it will be distributed. Im not sure, the SENCO didnt give me very much more than this and I was too tired to really understand.

The LEA have said because he has made that little bit of progress he doesnt need more help.

Share this post


Link to post
Share on other sites

forgot to say that school encourage him to go into assembly, and let him come out if he is not coping, the head said the other day that he would be having a hell of a time in any other school.

Share this post


Link to post
Share on other sites

Do you have any info with which you can quantify "little progress"? - you need to show that he is not making as much progress as other children, even with all the help (and specify what help he is getting currently to show how much it is).

 

Karen

Share this post


Link to post
Share on other sites

Thanks Karen, the NAS lady was lovely, but she said as I am waiting for IPSEA to call back this week, that it would be pointless sending everything to her.

 

Have contacted an independant EP, he will do a school and home visit, Head said she had no objections, I could do whatever I needed to and she would back me. Cost will be �550, so need to work a few extra nights!

 

I am waiting for the education office to call me back today, to set up a meeting, have got the head coming, and parent partnership will come as well.

Will find out this week when the pead can see him, and IPSEA should be calling soon.

 

Thanks again everyone for all your help.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...