Annual review, waste of time?!!

[Carrera74]

Just a rant and any advice most welcome

 

My 11 year old son attends a BESD school which we appealed against but lost. At the appeal the HT commented that my son no longer presents in the way described in the Annual Review Report that was written a year ago when he was at a short stay school (we disagree) and the panel ordered that part 2 of the statement should be left for the next review which they expected would have input from the educational psychologist as well as those that work with my son from day to day. His review took place a month ago but unfortunately nobody from the EdPSch department was able to attend. I have been chasing the summary report from school and they told me it was the SEN team that were causing the delay so I chased it with them also. After reading my COP I see that school are supposed to send this within 10 days to the Education office and also to me. Something the school disagree with!! Anyway, I have finally received this and I’m so mad. The summary only details the information that was on the school advice form which describes a very settled, happy boy. There is no note of any of my concerns, and there were quite a few and no mention of the decline in his behaviour since Easter. I have contacted school this morning and spoke to the HT who told me that the statement will not be changed by comments I make at the review and that I should put my concerns into writing and he will do a statement review. I am so frustrated. What was the point in taking a days leave to go and attend a statement review meeting when nothing was done and now the Head wants me to put it all in writing. The Edpsch will not see him until the Autumn term as they are too busy (the HT’s comments) and in the meantime my son is deteriorating more and more. The school don’t think he is as bad as I do. I guess the behaviour they see from my son is the ‘norm’ for that type of school but my son has deteriorated so much since this time last year. It’s heartbreaking. He is going backwards not forwards. I have requested an urgent meeting with the SEN team and have told the HT that I am not happy and will certainly put it in writing with a copy to them.

 

My son had a meltdown last week and was called ‘spoilt’ by a TA who then tried to push him out of class. She told him he had assaulted her because he put his foot on the door to stop her pushing him out. I rang school and asked about this and the HT said he would look into it but never got back to me. I mentioned it to him this morning and asked what the outcome was and he wouldn’t tell me as it’s between him and his member of staff. I asked if an incident report had been filled which he said there had so I said I wanted to know exactly what had happened. He backtracked a little and said he would write to me. I won’t hold my breath.

 

Now where’s that brick wall to bang my head against!!

[Sally44]

Always follow up any verbal conversation with a letter. Letters are the only evidence you have that you raised concerns. And always ask the school for written responses. Then you either get their response in writing, or they don't respond at all - which is also evidence in itself that they did not reply or comment on your letter.

I think it would be useful for you to talk through with the National Autistic Society and IPSEA about your sons deteriorating behaviour. Make a list of all your concerns and speak with them about it. Also write a letter into school about his behaviour and be very specific about each instance and what you think the school should be doing about it. Write in about the incident where you son was accused of assault and ask for an incident report from the school.

What are you aiming for with your concerns. Do you feel the school is not the right place, or do you feel they are not meeting his needs? Is his behaviour at school and home deteriorating.

I think you can appeal to SENDIST at Annual Review and I believe that is usually appealing under section 2, 3 or 4 of the Statement and you can get support from the NAS and IPSEA for that. But you need to be specific about it and get written evidence supporting your concerns.

Every child should be making a years worth of progress in the academic year. If you have any evidence of deterioration (and you would need to check if that included behavioural deterioration), then I think you have a point. But from your post it doesn't say exactly what your point is. So a deterioration of behaviour needs to be made into something more specific ie. I believe my sons deterioration of behaviour is as a result of his needs not being recognised in school and that he is not being supported effectively in the classroom/playground. XXX has difficulties with XXX and this need is not being recognised or addressed in school. School have also incorrectly stated that there has been no deterioration in this academic year. However the following instances have taken place: (and list them). Etc

You can ask for school to call in outside agencies such as the Educational Psychologist. The fact that no-one is available is not your problem. If your son needs input from the Ed Psych, it should say in his Statement that there will be termly reviews by an EP. In my son's statement it says that the SALT and EP will produce up to date reports prior to Annual Review. Remember that because the Statement is a legal document, you only get what is in it and LEAs always try to write them leaving out hours of support and outside professionals input and staffing levels. But those things should be included.

You can get your own private reports from an EP if you feel that is the professional who most needs to address your son's needs. In my own son's case it was a SALT who was most relevant. If you do get an independent report to support your appeal to Tribunal, make sure it is one that does not work for the LEA or NHS and who has experience of tribunal work. The reason for that is that the LEA and NHS have their budgets and levels of support that they typically provide. An independent EP will advice on your son's level of need and will make recommendations to meet those needs which may be well above what is currently available. Those that work within the LEA or NHS tend to make recommendations within their budgetary limitations. Any shortfall in the amount of provision the school currently has has to be met by the LEA if at Tribunal the Panel agrees with your position and makes an award in your favour.

Sometimes just going to tribunal gets the support in place. But be prepared to go through the whole process. At my own son's tribunal the LEA capitulated and agreed to everything we were asking for 5 minutes into the tribunal. We did get private reports from a SALT and EP and had legal advice as well. We went to tribunal with a solicitor and the SALT. It cost us around £8000 in total. You don't need to spend that much. You can get a good independant report for around £1500 and pay another £600 for them to come with you as an expert witness to tribunal. And I believe that the NAS can also represent you at tribunal as well.

 

[Kazzen161]

It would be worth you talking to IPSEA as I think some of the things the HT is telling you are not true.

[bluefish]

Hi very good advice to speak to Ipsea they gave me lots of info so when I was fighting my sons courner I knew my rights. In the end I voted with my feet and removed my son for three months( and moved schools) but It is important you are listened to. Speak to Ispea, but also dont be shy to contact your education officer to express your views if the school wont or dont listen. You know your child best and what is best for them.

I wish you luck xx

[Kathryn]

I think you can appeal to SENDIST at Annual Review and I believe that is usually appealing under section 2, 3 or 4 of the Statement and you can get support from the NAS and IPSEA for that. But you need to be specific about it and get written evidence supporting your concerns.

 

Just to clarify - you can only appeal to SENDIST against the contents of an existing statement if the statement has been amended in some way. If the LA refuse to make any changes following a review, there's nothing you can do except maybe request a fresh statutory assessment. Frustrating, but that's the law.

 

Have you thought of contacting the Ed Psych department directly yourself and asking if someone will assess your son? I did this myself when the school was reluctant to call in the EP to see my daughter.

 

K x

Edited August 21, 2009 by Kathryn