Turned down for statutory assessment

[jlp]

I've posted a few time lately about ds#2 who started school in September and has been excluded more times than he's actually been in school. http://www.asd-forum.org.uk/forum/index.ph...c=19338&hl=

 

We were told to apply for a statement which we did and I've now heard through school (although no-one's had the decency to tell me as yet ) that they won't be assessing ds#2 for a statement.

 

I'm not sure about the reasons exactly as yet although I think it's because the Ed Psych hasn't seen him, nor have the behavioural team and the ASD team are involved when they shouldn't be technically as ds#2 hasn't had a diagnosis yet (the ASD team are familiar with our family though which is why they're involved).

 

While not totally unexpected I'm pretty fed up. School is terrible, he's on a part time timetable when he is actually there and not excluded. It's not my problem that the Ed Psych hasn't seen fit to see him (because he hasn't had 2 cycles of an IEP - for some reason it turns out nursery never did any even though they did get people to come in and see him). He has support every morning and one afternoon a week but that's mostly spent keeping him safe when he's taken out or leaves the classroom.

 

I don't know where we go from here, school are absolutely shocked. I suppose it's a waiting game now until he has his official diagnosis (should be a matter of weeks) and has had the 2 cycles of an IEP and hopefully the Ed psych in to see him. It's quite upsetting that these early days, which should be so special, are going so wrong - the children are making friends etc and ds says there are some who say they won't play with him because he gets sent home.

 

How long do we need to wait until we can apply to be assessed for a statement again? Not having the letter I'm not sure whether we can appeal, I vaguely think we can.

Edited November 8, 2008 by jlp

[Kathryn]

Hi jlp,

 

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Sorry to hear this, but don't despair - turning down a Stat Ass request is routine these days. They hope you will give up now and go away, but you won't will you!?

 

You can definitely appeal: the official letter from the LA will tell you this, and you can start the process when the letter arrives (you will have two months from then to submit your appeal). The whole appeal process takes a while so there's no need to wait for the official ASD diagnosis.

 

The tribunal system have just changed, and I think now is a good time to go for an appeal actually. As far as I understand, under the new active case management system the tribunal can be a lot more proactive than they used to be: i.e. they can order the LA to carry out an EP assessment if they consider it necessary.

 

Good luck

 

K x

[Clare63]

Jlp,

 

How awful to hear that way !

 

Think you should deffinatley appeal the decision

 

Clare x x x

[Karen A]

I've posted a few time lately about ds#2 who started school in September and has been excluded more times than he's actually been in school. http://www.asd-forum.org.uk/forum/index.ph...c=19338&hl=

 

We were told to apply for a statement which we did and I've now heard through school (although no-one's had the decency to tell me as yet ) that they won't be assessing ds#2 for a statement.

 

I'm not sure about the reasons exactly as yet although I think it's because the Ed Psych hasn't seen him, nor have the behavioural team and the ASD team are involved when they shouldn't be technically as ds#2 hasn't had a diagnosis yet (the ASD team are familiar with our family though which is why they're involved).

 

While not totally unexpected I'm pretty fed up. School is terrible, he's on a part time timetable when he is actually there and not excluded. It's not my problem that the Ed Psych hasn't seen fit to see him (because he hasn't had 2 cycles of an IEP - for some reason it turns out nursery never did any even though they did get people to come in and see him). He has support every morning and one afternoon a week but that's mostly spent keeping him safe when he's taken out or leaves the classroom.

 

I don't know where we go from here, school are absolutely shocked. I suppose it's a waiting game now until he has his official diagnosis (should be a matter of weeks) and has had the 2 cycles of an IEP and hopefully the Ed psych in to see him. It's quite upsetting that these early days, which should be so special, are going so wrong - the children are making friends etc and ds says there are some who say they won't play with him because he gets sent home.

 

How long do we need to wait until we can apply to be assessed for a statement again? Not having the letter I'm not sure whether we can appeal, I vaguely think we can.

 

Hi.School being unhelpful can be a factor in not obtaining an assessment.We were very fortunate that some excellent professionals were involved in the request for Statutary Asssessment.So other evidence was provided.If we had waited for the HT to recognise there was a need and write something we would still be waiting.

Do make sure that all exclusions and incidents are being documented as per the official process...it will all count as evidence to support your case.

Unofficial [ilegal exclusions ] will not be recorded because the school will not want to admit what is happening.Karen.

 

[JsMum]

). He has support every morning and one afternoon a week but that's mostly spent keeping him safe when he's taken out or leaves the classroom.

 

 

How long has this been in place?

 

what is his IEP like now?

 

Keeping an inventary helps to show what happened in the past even if lack of support was because other proffesionals didnt take action, for example write out a IEP.

 

Photocopy everything, do not give in any real copies to your local LEA or council, for some reasons these dont come back to you, then they lie and say they did not recieve x,y and z report.

 

So dont be caught out like I nearly was.

 

The main key is to identify the difficulties your son has, so it may be that he can use verbal words but has difficulty expressing and understanding or comprehend the sentence.

 

It may be social interaction difficulties, behaviour/emotional difficulties, Learning style difficulties, Prossessing, input/output, information.

 

Even if you bring it to the LEAs attention at least you have raised concerns.

 

We didnt have a diagnosis at five either, but he still saw an ed psch, by then he had seen two, one in nursery and one in reception.

 

Fight all the way girl.

 

JsMum

 

 

[chris54]

Hi.

The bit about photocopying things.

 

The originals never leave the house and we take copys of the relevant reports etc whenever we go to see any one so if they happen not to have their copy or never received it or lost it I can produce it for them so there is no excuse.

[hazma]

You lose absolutely nothing by appealing.We appealed to SENDIST and as soon as the local authority were informed of appeal from SENDIST they backed down.

[puffin]

While not totally unexpected I'm pretty fed up. School is terrible, he's on a part time timetable when he is actually there and not excluded. It's not my problem that the Ed Psych hasn't seen fit to see him (because he hasn't had 2 cycles of an IEP - for some reason it turns out nursery never did any even though they did get people to come in and see him). He has support every morning and one afternoon a week but that's mostly spent keeping him safe when he's taken out or leaves the classroom.

 

 

Have you contacted IPSEA? As this rejection sounds to me like a blanket policy

 

"DfES acts forcefully to police local education authorities"

IPSEA welcomes Secretary of State's action to curb widespread abuse of the SEN system by LEAs

For years IPSEA and many other organisations and individuals have been reporting their concerns to the DfES about widespread and deliberate failures by LEAs across the country to carry out their job properly in providing for children with Special Educational Needs. In particular:

 

LEAs have been using unlawful blanket policies to deny many SEN children any assessment of their needs;

When assessments are made, Statements of Special Educational Needs (the passports to the help children need) are often unlawfully worded -- they lack the detail needed to make them enforceable by parents.

The SEN and Disability Division of the DfES have now stepped in to advise all Chief Education Officers and Directors of Children's Services that they:

 

must not operate blanket policies of refusing to assess particular groups of children who have special educational needs, but must consider children's needs individually and on their merits;

must, in their Statements, specify the special educational provision necessary to meet the needs of the child concerned, detail appropriate provision to meet each need identified and normally quantify the provision.

Commenting on the Secretary of State's action, Roger Inman, IPSEA's Chief Executive, said:

 

"IPSEA very much welcomes this explicit legal guidance to LEAs on their duties towards children with special educational needs across a range if issues, including when making assessment decisions and when drafting Statements.

"We look forward to firm action from the Secretary of State against LEAs who ignore the guidance.

"Of course, it will be vital that as many parents as possible know of the guidance in order that they can quote it to their LEAs. For this reason, IPSEA will be publicising the Secretary of State's letter as widely as possible."

 

http://www.ipsea.org.uk/pr-dfes-nov05-ketter2leas.htm

Edited November 10, 2008 by puffin

[pumpkinpie]

Most LAs seem to be adopting this stance to save money. By refusing in the first instance without really doing much they are saving a fortune as most parents just give up.

Who applied for the statement you or the school?

I would write to the education officer dealing in your case and ask for the leter detailing the reasons for refuasl. Sadly often this has often a lot to do with the proper paper work being submitted by the school as well as them demonstrating the steps they have taken to meet the childs needs.

By looking at their letter and going through it step by step you have the ammo to apply again to the panel.

Get the ipsea statutory refusal appeal and go for it