Assessment malarkey

[BusyLizzie100]

At what point can we request a statutory re-assessment after a Statement has been finalised?

 

We appealed against amendments to DS2's Statement and days before the tribunal date the LEA agreed to most of what we were asking for (except change of school) and we settled. It doubled his provision from 12 hours to 25.

 

It's now six months down the line and we can't see hardly any change. A few more things are in place but there are so many programmes that school is supposed to be introducing that I just don't think it can do it.

 

We don't feel the mainstream is right for him. He isn't disruptive, has little challenging behaviour at school but instead is very passive and is just withdrawing and becoming more and more absorbed with his own thoughts.

 

At the last Annual Review we asked the SEN officer what would be an appropriate timescale for the amended Statement to be fully up and running and we were told six months. Well, we have a meeting tomorrow and that will be getting on for seven months.

 

We want to show that DS2 should be in a specialist setting; we didn't have enough proof before but now, despite the bumped-up package in his Statement, it seems more evident that mainstream cannot do what is required.

 

So, it's more than six months since the amended Statement was finalised, when can we request a re-assessment and, if necessary, go to tribunal again to get the right setting?

 

Or is there another route?

 

Hope you guys have some idea cos PArent Partnership couldn't tell me!!

 

Lizzie xxx

[JsMum]

I read its either 6 or 12 months, the yearly review rings a bell, if a child is failing to progress though cant an emergency review take place or if there is sudden deteriation, even with statements,

 

I would request reassessment as soon as possible, let them turn you down, as they will, and then appeal.

 

I would write a daily diary and keep a track of his behaviour, and use it as evidence at tribunal.

 

Js passive behaviour is more of a concern for me than his down right hyperactive raging volcano, Id rather have J bouncing off the walls than in total dispair and basically depressed, so I know how painful it is to see our children suffer because there other needs are not met.

 

J had his statement hours increased to full time in May, it continued to fail and is now starting specialist school basically for J Mainstream wasnt the right place to learn and socialise.

 

It sounds like your taking the same journey we did, good luck.

 

JsMum

Edited October 5, 2008 by JsMum

[westie]

I am thinking along the lines of Jsmum in that appeal for change can be made at annual review OR if there is an urgent need there can be an emergency review if it is felt needs are not being met with current statement.

Perhaps if you have a local parent partnership service they may be able to help/ advise.

[JsMum]

Found this information,

 

Reassessment Of Special Educational Needs

 

You have the right to ask for a new statutory assessment if your child has a statement, as long as your child has not been assessed in the last six months.

 

If you disagree with the LEAs decision not to start a reassessment of special educational needs,

you can appeal to the Special Educational Needs and Disability Tribunal.

 

 

Hope it helps. looks like your journey begins today.

 

JsMum

Edited October 5, 2008 by JsMum

[BusyLizzie100]

Found this information,

 

Reassessment Of Special Educational Needs

 

You have the right to ask for a new statutory assessment if your child has a statement, as long as your child has not been assessed in the last six months.

 

If you disagree with the LEAs decision not to start a reassessment of special educational needs,

you can appeal to the Special Educational Needs and Disability Tribunal.

 

 

Hope it helps. looks like your journey begins today.

 

JsMum

 

Thanks, that's great - if you know what I mean!!!

 

Hard part is convincing school etc that it's not working - apparently he's 'fine' but still loads of the programmes in the Statement are not being implemented, or don't appear to be. They say his levels are all fine and he seems to pick up the day's learning OK, but he doesn't retain what he has 'learnt'. Neither can he apply what he's 'learnt'.

 

anyway, we have lots of points to raise tomorrow - will let you know how we get on.

 

Lizzie

Edited October 5, 2008 by BusyLizzie100

[JsMum]

Looked throw my favourates and searched throw the SEN + DISABILTITY ACT 2001

 

In chapter 10 it states this.

 

Section 8: Review or assessment of special educational needs at request of responsible body

61. This section amends the EA by inserting a new section 329A. This gives maintained schools, maintained nursery schools, nursery education providers (in receipt of financial assistance from LEAs and included in the proposals for providing nursery education in accordance with section 118 of the SSFA in Early Years Development Plans), PRUs, independent schools (including CAs, CTCs and CCTAs) and non-maintained special schools the formal right to ask the LEA to carry out a statutory assessment or re-assessment of a registered pupil at the school to determine whether that child needs a statement of SEN, in cases where no such assessment or re-assessment has taken place within the previous six months. At present only parents have that right.

 

 

62. It places a duty on the LEA to decide whether to make an assessment or re- assessment in response to a request from a school and it places a duty on the LEA, before deciding whether to comply with the request, to send a notice to the parent informing them that a request from the school has been made, of the procedure to be followed when making an assessment, the name of an officer at the LEA who can provide further information, and, of their right to make representations and provide written comments within a minimum of 29 days.

 

 

63. Should the LEA decide to assess the child's educational needs, section 329A requires them to notify the child's parent and the school which made the request. If they decide not to make an assessment, they are required to notify the parent and school of that decision, and the reasons for it. They also have to inform the parent of his right to appeal to the SENT, and give him any further information required by regulations (which might include details of the conciliation service available under section 332B).

 

 

It might be worth reading throw the SEN+DISABILITY ACT 2001 as there is information too on naming school on part 4, as you could of appealed that too.

Though understand you wanted to gather evidence.

 

 

JsMum.

[BusyLizzie100]

Thanks, might not have time before tomorrow's meeting but looks like I need to have a read.

 

Lizzie x

[JsMum]

Thanks, might not have time before tomorrow's meeting but looks like I need to have a read.

 

Lizzie x

 

 

 

If I took the reports the LEA did on J he wouldnt of had a chance in winning the specialist school, he had private assessments done and it brought out all of Js difficulties, he has significant impairments, you wouldnt of thought that on the LEAs reports, just because he appears fine doesnt mean he is, I would look into private assessments too.

 

J got level 3 Maths and Science, yet he cant read, write, he doesnt understand math context, cant interact properly, communicate effectively, he needs specialist placement, but the LEA sure made it difficult to prove it.

 

JsMum

[Kathryn]

Good luck for tomorrow, Lizzie. I suppose the approach you need to take is that the school are trying their best, but cannot do what's required. If you portray them as inadequate, the LA will say, "just try harder".

 

K x

[BusyLizzie100]

Good luck for tomorrow, Lizzie. I suppose the approach you need to take is that the school are trying their best, but cannot do what's required. If you portray them as inadequate, the LA will say, "just try harder".

 

K x

 

Yes, good point. Will try not to go in with all guns blazing!!

 

Lizzie x

 

(Although can't resist an edit to say that going in to meeting with a machine gun sounds like a lovely idea )

Edited October 5, 2008 by BusyLizzie100

[BusyLizzie100]

Well, it was quite a meeting and I came away feeling very sad.

 

Nothing was really resolved; school felt that it hadn't really had long enough to get everything up and running so we agreed to meet again at the beginning of Jan to see what impact everything is having.

 

Thing is, school isn't really getting all the input it needs. It IS trying, but without the expertise it just seems they're kind of floundering (in my view).

 

There are pockets of good stuff, like the hour a week he gets with the SENCO doing Theory of Mind stuff, but it just doesn't translate into the rest of the week. For example, his homework (Y4) is about writing a diary entry for a child evacuee during World War Two - if he hasn't got Theory of Mind sorted, how's he going to imagine what it's like to be an evacuee??!! He barely understands what it's like to be him!!!

 

There were 10 professionals at the meeting and me and DH too. Oh, and a woman from PArent PArtnership too. It wasn;t just me and DH raising issues; there were concerns raised about him needing much more OT input, about him not being able to retain his learning, and the ed psych even raised the issue of 'are we reaching the tipping point?' ie is so much input needed from so many sources that he would actually be better off in a specialist environment. I'm glad she raised it, because YES!!! that's what I feel.

 

I'm left feeling very sad, don't know why. I suppose there are no immediate answers. We have been fighting to get things right for DS2 for so long (since birth, in fact) and he always seems to be overlooked. Even when he was a newborn the midwives didn't listen to my concerns about his feeding and he ended up losing 22% of his body weight through dehydration - that's how he 'got into the system' in the first place. Poor love.

 

So, more 'waiting and seeing'. Sigh.

 

Lizzie xx

[JsMum]

It sounds like the sadness comes from deeper frustrations, and maybe that no one has really listened, like in the past only when it was too late did they respond, and you have insight to the consequences from other parents here when things are not reacted at the time, like J we had to wait until he was mentally ill, developing mental illenssess on top of his already diagnosed and recognised difficulties, I know the frustration and how desperate we get, it does depleate your energy and brings you down, in some way the system is banking on this, that you wont be able to fight back.

 

 

so you have to fight back, dont be too disapointed, some are on your side, I would still go for parental assessment for SEN, it takes time anyway, and if they refuse it takes even longer, so the process takes time anyway, and it still give time for evidence to collect this term and next term.

 

The meetings are exhausting as well, they really take it out of you, but your son has the best person on his side, you and his dad, that has to be worth weight in gold, so go all the way.

 

I would really look into some form of councilling too, I have this privately and it gives me the opportunity to go throw my feelings were Ive felt let down by the system and Js been badly let down, so I would recommend looking into councilling too thats just for you.

 

Take time to recharge over the week end and then fight, all the way, you can do this.

 

JsMum

[Kathryn]

Sorry to hear you aren't much further forward, Lizzie - as expected. <'> But it sounds as though people are starting to have concerns of their own - negative in one sense, but potentially helpful to your case..

 

Even if you applied for a reassessment now there would be a lot of waiting involved - aside from the strong possibility that it would get rejected anyway. By January you might be in a position to provide stronger evidence from the start.

 

K x

[BusyLizzie100]

Thank you, JsMum and Kathryn.

 

You're right, it does sound like it comes from deeper frustrations, not least of which involve our elder son, too, who really is crumbling under the system and now on meds for his huge anxiety.

 

so, two battles on the go!!

 

And yes, January is only a couple of months away now and we probably will have stronger evidence by then - especially with all the hassle that the Christmas season brings to our youngsters with all its changes etc...

 

Thanks again. <'> <'>