S E N Amendments

[Calvin]

Hi all,

Does anyone know if there is a time limit for getting a reply to a request to amend my sons statement?

I hand delivered the letter six weeks ago last Friday and when I rang today I was told the reviewing lady retired before Easter but her replacement does'nt start until next week. I was then informed that when she does, "the backlog of work is enormous so it may take quite a while yet"

How do they get away with it???

 

[Sally44]

Have you just had an annual review of this statement?

[Kathryn]

No official time limit you can hold them to, unfortunately, and of course they are not obliged to comply with your request at all if they choose not to. You could put in an official complaint on the grounds that they are acting unreasonably in taking so long to reply.

 

K x

[Calvin]

Have you just had an annual review of this statement?

 

 

No it was done last september but they totally forgot to include ADHD in part 2

[Sally44]

I would speak with IPSEA about it.

Obviously ADHD is a diagnosis that should be included as the code of practice says that every need should be identified in a Statement. And I presume that to get a diagnosis of ADHD, this child does need extra support and staff/professional input relating to this dx. Are those supports in terms of hours of support and staff/professional input already quantified and specified in the current Statement?

Is this a new diagnosis to be included in an existing statement?

I would see what IPSEA have to say about it. It maybe that you could write to the LEA asking for an interim review as the current Statement is not a true reflection of your child's needs and your reasonable request that the diagnosis of ADHD (which was known of at the annual review, but which was somehow forgotton) which should be included is being ignored.

To carry out an interim review will cost the LEA extra money, and if you have a written diagnosis of ADHD it will get included in the Statement, so there is a very high possibility that the LEA will just include the diagnosis rather than re-assess.

However it is worth checking with IPSEA because this new diagnosis may mean that the current Statement is not a true reflection of your child's needs or the complexity of them and there maybe a benefit to a re-assessment.

But bear in mind that if you used private reports etc for the original statement that any re-assessment may give the LEA good reason to attempt to not include them and say that the LEA's most recent reports are the most up to date ones that give a true reflection of your child's needs.

As far as I know you can still submit all your previous reports. However re-writing the Statement may mean that aspects of it that you were happy with, and which were as a result of advice contained in any private reports, may not be included in any new Statement. Which could leave you in a position where you would have to go to tribunal again. And if your reports are older you may need to have up to date ones done again - with the costs that that involves.

 

[Sally44]

If the diagnosis of ADHD was known of and discussed at the annual review then you could discuss the issue with the Local Government Ombudsman to see if there is a case of maladministration. It takes around 4 weeks for someone to be allocated to your case.

 

As already said the LEA are not obliged to amend statements at annual reviews. That was supposed to change with a new law that said LEAs did have to amend Statements at Annual Review. I'm not sure if a change in government will alter that.

 

But a diagnosis on paper would be included if there was a re-assessment. So sometimes it is about applying pressure that gets the job done. The LGO should be able to tell you if they can help before they contact school or the LEA, especially if you request that.

 

But IPSEA are probably the best people to give advice.

[Calvin]

If the diagnosis of ADHD was known of and discussed at the annual review then you could discuss the issue with the Local Government Ombudsman to see if there is a case of maladministration. It takes around 4 weeks for someone to be allocated to your case.

 

As already said the LEA are not obliged to amend statements at annual reviews. That was supposed to change with a new law that said LEAs did have to amend Statements at Annual Review. I'm not sure if a change in government will alter that.

 

But a diagnosis on paper would be included if there was a re-assessment. So sometimes it is about applying pressure that gets the job done. The LGO should be able to tell you if they can help before they contact school or the LEA, especially if you request that.

 

But IPSEA are probably the best people to give advice.

Hi, Spent about an hour on the phone with someone at IPSEA. Got some really good info too. Every step though seems so difficult, Added to the fact our son has now been off school 6 weeks. it's all taking it's toll. My other (better) computer just "died" aswell.

I suppose when you get to rock bottom the only way is up!!!

 

[Sally44]

Why is your son off school for the last 6 weeks? Is school/your child not coping?

[Calvin]

Why is your son off school for the last 6 weeks? Is school/your child not coping?

He came home from school just before the easter holiday with hand marks / briusing on his upper arms ( front) and one upper back left shoulder. When i questioned if he had been held / restrained the reply was, that in all probability they had come from rough play with his peers in the sensory room. They did however keep a diary of any holding and i was welcome to have a copy. I said yes and was sent September to mid January's record. SHOCKED was an understatement there were 180 holds. Some days 10+ one day had a 30 minute hold, it said he had a sore throat and was not complying with his routine.

As the record did'nt cover the marks on him i asked for January to the end of March records. the easter holiday intervened and i finally got them 15th April. Surprised was i to discover an overlap of 4th -21st Jan, on the 2 sheets that did not match. My wife and i went into school for a meeting with the headteacher who admitted the 2nd batch of holds had been made up from memory as the original had been lost, the class teacher had admitted it just before our meeting.

Some of these holds are what has now been described as a team teach FRONT GROUND RECOVERY HOLD and involves 4 or 5 membes of staff pinning him to the floor.

A staff member from the school has come forward and told us that in school he has always got 1 staff member on each arm and only gets loose from one of them to do course work or I.T. Looking now at school photo's some even show the obvious. He no longer has breaks outside due to aggressive behaviour. This person has asked not to be named due to data protection laws and i respect that. It also explains why we could never see him in school. I told the head about what i now knew and she, bit her lip and said "Thats worrying that a staff member is giving out information"

To us this all now explains why he kicks off in the morning before school and in turn shows aggression upon return. (tied up dog syndrome)

We put in a complaint, got a load of rubbish in the reply, went on to 2nd stage, same thing, now going to try ombudsman but not overenthusiastic about reply from them.

For the last 7 annual reveiws i have been saying he could do much better in a specialist autistic school. Been in contact with 2 recently and both say holding him is the opposite to his needs as it's a sensory issue.

At 13 years old now time is running out for him. We feel so guilty for not picking up on this sooner.

We are now also going down the correct route of moving him schools.

 

[Grace]

That is truly shocking. I really wish you luck in sorting this out and I find it horrifying that they hid this from you.

 

I really hope you get somewhere with the Ombudsman and I hope you manage to find a good school - the right environment could make all the difference; hopefully one where the staff will communicate with you and will be open about any problems, so you can work together to help your DS.

 

Best Wishes

 

Grace/x

[Kathryn]

 

You could complain to Ofsted too: although they don't take up individual cases they will look at whole school issues, which this could be, if the school is not generally following guidance on restraint or keeping records.

 

K x

[Sally44]

What kind of school is your son currently at, and what are all his diagnosis?

[Sally44]

Have you talked to IPSEA about the restraining, and the fact that he is now off school. How have you explained this to school eg. have you said he is suffering from anxiety (if that is true), and if so have you got a GP note.

Parents are legally obliged to send their children to school, so you could get into trouble if you just keep him at home. I'm sure others will give you better advice on 'how' to word what you are doing in a way that protects you.

If you say you are going to home school until you find an alternative, that gets you out of the legal problem of not sending him to school, but it means he probably loses his current school place and there is no incentive on the LEA to find an alternative school if you are taking the responsibility to provide it at home.

Is his behaviour the same at home as in school?

It maybe that an emergency review of the Statement is needed.

Does your LEA have an autism specific school with similar peers to your son? Or is the only autism alternative an independent school?

[Calvin]

Have you talked to IPSEA about the restraining, and the fact that he is now off school. How have you explained this to school eg. have you said he is suffering from anxiety (if that is true), and if so have you got a GP note.

Parents are legally obliged to send their children to school, so you could get into trouble if you just keep him at home. I'm sure others will give you better advice on 'how' to word what you are doing in a way that protects you.

If you say you are going to home school until you find an alternative, that gets you out of the legal problem of not sending him to school, but it means he probably loses his current school place and there is no incentive on the LEA to find an alternative school if you are taking the responsibility to provide it at home.

Is his behaviour the same at home as in school?

It maybe that an emergency review of the Statement is needed.

Does your LEA have an autism specific school with similar peers to your son? Or is the only autism alternative an independent school?

It was IPSEA who told me to go see our GP with regards to avoiding legal issues. The also told me how to arrange an emergency review.To be honest it's the least of my worries. The school were the first to know my intentions. Our local authority would love us to teach him at home, that would insantly solve their problem.

We never have to restrain him here, don't get me wrong, when he's fighting with his brother (very tolerant 14 year old) or attacking us we have to intervene. Usually putting ourselves between him and the target.

Unfortunately the one and only special needs maintained school in our borough deals with all disabilities though there are a few autistic kids in there, so independent is the only way. The ironic thing is we live 4 miles away from a very good independent autistic specific school with a place for him. Thats half what he's been travelling for all these years.

[Calvin]

Sorry for the super slow answers to any questions. Until I get my other laptop back. things will be at snails pace I'm afraid.

[Sally44]

Then you need to say that the amount of restraint in school is totally out of proportion to anything you are experiencing at home. You will also have to explain why you believe his behaviour is due to some aspect of his diagnosis not being met, rather than just bad behaviour. Then you need to prove that the independent school is the only one that can meet all his needs and where his behaviour should improve as a result of that. Will his current school support you at all in seeking an ASD specific placement? If they are having such difficulties in school with him, they might be prepared to do that??

Does this independent ASD school take children for a trial assessment - usually around 3 days? And do you have any of your own EP/SALT or OT reports that back up the need for this particular school??

[Calvin]

Then you need to say that the amount of restraint in school is totally out of proportion to anything you are experiencing at home. You will also have to explain why you believe his behaviour is due to some aspect of his diagnosis not being met, rather than just bad behaviour. Then you need to prove that the independent school is the only one that can meet all his needs and where his behaviour should improve as a result of that. Will his current school support you at all in seeking an ASD specific placement? If they are having such difficulties in school with him, they might be prepared to do that??

Does this independent ASD school take children for a trial assessment - usually around 3 days? And do you have any of your own EP/SALT or OT reports that back up the need for this particular school??

A year ago now, 2 of his classroom assistants helped us out via direct payments for 3x3 hour sessions a week. It worked quite well at the time as things at home were VERY difficult - not only with him - with other issues now resolved. It ended due to personal reason for the female of the 2. They had never seen him in the home enviroment before and both were absolutley mesmerised at how he was here ("well behaved").

Since all of the recent revellations have emerged we have learned through paperwork they were not prepared to either use holds on him here, let us know they did in school or when out with him. You would think that the school would be all for helping find a more suitable placement for him even if only to make their lives easier, but not so. Everytime I ever mentioned it all they would re-iterate was "his needs can be met here" they still say it. Their method is just to keep restraining him / employing more TA's.

His statement has SALT in it but he could'nt have it because they said it would break his routine and lead to challenging behavior.

I spoke with the nearby independent school previously and they said he would be trialled first to make sure it was for him.

With regards to reports i'm afraid for now the answer is no. 15 months ago he was asessed by a top professor but as of yet we still hav'nt seen the report, only recommendations and conclusions contained in it.

Edited June 11, 2010 by Calvin

[Sally44]

I would chase up any outstanding report. Send them a letter about your current situation and the number of restraints taking place in school. Ask for the report to contain his needs and recommendations on how those needs should be met. Tell them that he is not getting access to a SALT.

The explanation for refusal to access to a SALT is bizarre. Ask school to put that in writing to you. They are basically refusing him access to the professionals who are able to meet the needs he has! Other independent schools and mainstream special schools manage this.

I would also consider the option of videoing him at home to demonstrate that his behaviour there is different. Something in school is definately wrong for them to restraining him all the time.

Even if you cannot get your own reports, it is worth seeing if you could arrange a three day trial at an independent ASD only school to see what happens. They should write up a report of his time there and how he behaved. If it is drastically different to his current experience, then go to tribunal with that. It is worth trying. You have nothing to lose. At the very least he SHOULD have access to SALT and maybe OT as well. His placement maybe totally unsuitable for him.

[Calvin]

A meeting has been arranged between an EWO, a social services big wig, the reviewing officer and ourselves for next Monday (21st).

We told a police officer friend of ours and he suggested contacting the child and public protection unit. He said any wrongdoings with regards to improper holding or anyone untrained would certainly be uncovered by them.

I will contact the asd independant school tomrrow to see if he can trial it A.S.A.P.

Edited June 13, 2010 by Calvin

[Sally44]

I would definately get advice from IPSEA (ACE are also a good organisation regarding exclusions due to behaviour and so may have alot of information for you as well) regarding the restraining techniques, but also the amount of them. You have mentioned alot of restraint.

Is there anyone you can take to the meeting with you? Your local authority will have a parent partnership service. Some are good, some are not - but it is worth having someone with you if only to take notes of what is said and agreed. Ask the PP to specifically do that for you so that you have a record of the meeting.

There might be another organisation that has someone in your area that could support you at this meeting and who is also independent. In our area the Umbrella organisation has someone. Do you have Umbrella services in your area?? If so it is worth contacting them to see if there is anyone who specifically supports children/parents regarding education issues.

[Calvin]

I will be recording the meeting (literally) as I have done before. Not heard of ACE or the umbrella though so i'll look them up.

To be honest, I already made it clear to everyone he wont be returning to the local maintained school whatever happens, so maybe the meeting already has an outcome to our advantage, who knows? When the cheif EWO came to our house she said he needed to be somewhere soon, ie. before the summer holidays.

One things for sure. I'll keep the progress on the forum, and offer any info I can.

[Sally44]

Just make sure that you do things by the book so that the LEA or school do not have anything they can use against you.

Chase up that report, as it may contain information you can use if you go to tribunal. Speak to this professor in person if you can, and then follow it up with a letter of the current situation as they may not know what is happening in school even if they are copied into correspondence. I found that out because our paediatrician is always copied into correspondence, but she said it goes to be filed in another department and therefore she never sees any of it! That quite surprised me. But when I told her the current situation I was in she did write a letter which backed me up. So don't assume anyone knows the current situation.

 

Download a copy of the SEN Code of Practise and start marking all the relevent parts in it so that you can refer to it if needed.

 

What do you have from the SALT department regarding your son. Did they assess him and produce a report with findings and recommendations? Is that included in his Statement? If any SALT input is itemised in his Statement and it is not being fulfilled then that is non-compliance with the Statement and you can go to Judicial Review. Again speak with IPSEA about that.

 

If you do have a report from the SALT department I would also speak with them about your situation and ask them their opinion. They are responsible for meeting his Speech and language and social interaction needs. Do they consider it is acceptable for a child on the spectrum to be refused access to a SALT by the school? Follow up your conversation with a letter setting out what was discussed.

 

If/when you do go to tribunal you need things in writing. So anything you have on paper is useful. You cannot use evidence that is just verbal as there is no proof. Copy any documents detailing the number of restraints in school.

 

It might be worthwhile later on asking for access to all his educational records just to see what is detailed in there. IPSEA or ACE should advise you how to word that.

[Calvin]

Just make sure that you do things by the book so that the LEA or school do not have anything they can use against you.

Chase up that report, as it may contain information you can use if you go to tribunal. Speak to this professor in person if you can, and then follow it up with a letter of the current situation as they may not know what is happening in school even if they are copied into correspondence. I found that out because our paediatrician is always copied into correspondence, but she said it goes to be filed in another department and therefore she never sees any of it! That quite surprised me. But when I told her the current situation I was in she did write a letter which backed me up. So don't assume anyone knows the current situation.

 

Download a copy of the SEN Code of Practise and start marking all the relevent parts in it so that you can refer to it if needed.

 

What do you have from the SALT department regarding your son. Did they assess him and produce a report with findings and recommendations? Is that included in his Statement? If any SALT input is itemised in his Statement and it is not being fulfilled then that is non-compliance with the Statement and you can go to Judicial Review. Again speak with IPSEA about that.

 

If you do have a report from the SALT department I would also speak with them about your situation and ask them their opinion. They are responsible for meeting his Speech and language and social interaction needs. Do they consider it is acceptable for a child on the spectrum to be refused access to a SALT by the school? Follow up your conversation with a letter setting out what was discussed.

 

If/when you do go to tribunal you need things in writing. So anything you have on paper is useful. You cannot use evidence that is just verbal as there is no proof. Copy any documents detailing the number of restraints in school.

 

It might be worthwhile later on asking for access to all his educational records just to see what is detailed in there. IPSEA or ACE should advise you how to word that.

I'll try to contact the professor again, he has'nt got back to me the last few times I emailed him.

His statement does include SALT and skills being developed should be followed up in the classroom setting. I will contact them.

I have his educational record with me along with a mountain of other relevent paperwork.

I really apprieciate your advice and thank you for it.

[Grace]

Hi Calvin,

 

Can I just ask, when you say you are recording the meeting; have you got their permission? Only asking, because it is something I would like to consider, but I thought it was considered a 'no, no' for LA meetings?

 

Best of luck with it all - be very interested to hear if the child and public protection unit get anywhere, because what they have been doing sounds awful/x

[Calvin]

Hi Calvin,

 

Can I just ask, when you say you are recording the meeting; have you got their permission? Only asking, because it is something I would like to consider, but I thought it was considered a 'no, no' for LA meetings?

 

Best of luck with it all - be very interested to hear if the child and public protection unit get anywhere, because what they have been doing sounds awful/x

I just put a dictaphone in the middle of the table and say does anyone object to me recording the meeting just to save me writing it all out very slowly. Only once did someone ask if they could obtain a copy and I said they could have the origional when I'd written it all out. After all it's a true account of whats said.

I'll keep you informed of any developments regarding the CPPU findings. You get the impression though an LA paid investigator won't find much out about LA employees!!

Edited June 14, 2010 by Calvin

[Grace]

I just put a dictaphone in the middle of the table and say does anyone object to me recording the meeting just to save me writing it all out very slowly. Only once did someone ask if they could obtain a copy and I said they could have the origional when I'd written it all out. After all it's a true account of whats said.

I'll keep you informed of any developments regarding the CPPU findings. You get the impression though an LA paid investigator won't find much out about LA employees!!

 

Oh, I didn't realise they were paid for by the LA - would not fill me with confidence either!

 

No table and fairly big room, but will give it some thought, as note taking has proven to be a little inaccurate shall we say!

 

All the best/x

[Sally44]

I just wanted to make sure that you understood that if the Statement contains SALT input and that is not happening, then the school/LEA are breaking the law because the Statement is a legal document.

I have not gone to judicial review, others have who may post about it.

You can involve a SEN solicitor. Usually they charge around £300 to start the case, and then once it is proven that there is a case for judicial review the solicitor then works for the child and there is no further charge. The outcome would be that the school/LEA would have to provide SALT input. However that would be within the existing Statement, and the placement sounds unsuitable.

 

It maybe in your interests to seek an emergency review of the Statement due to current circumstances. That would mean everyone would have to re-assess your son. When the new Statement was produced you would be seeking a different ASD specific placement that can meet his needs and provide SALT as well. This would also be an opportunity to get all his needs itemised in section 2 (eg. the ADHD diagnosis), with recommendations to meet every need quantified and specified in section 3. Section 4 is the placement, and you would be seeking whatever school you believe can best meet his needs.

 

The LEA may even suggest a re-assessment themselves, especially if they get a whiff of a judicial review about the current statement. The current Statement stands until any new Statement is finalised. Sometimes LEAs re-assess to get out of non-compliance issues regarding Statements. But it is worth putting in the complaint about non-compliance anyway because you have it on record that they have not complied with the Statement and have not provided the professional provision specified in it. And hopefully you will have received some response from the LEA. You can also send in a formal complaint to the Local Government Ombudsman about this issue as well. Obviously this is all extra paperwork so you need to prioritise what you need to do. But if a tribunal is looking to be a likely outcome then try to get in the complaint about non-compliance as well because it is all further evidence that the LEA is not meeting your son's needs.

[Calvin]

Had the big meeting today.

 

The reviewing officer has told me to put in a request for a change of placement / school in writing and it will go to a panel next Tuesday for a decision.

 

I think maybe they just might do it.

[Sally44]

Do you have a school in mind?

[Calvin]

Do you have a school in mind?

Yes, there is an independent asd school half the distance he has been going for the last 8 years.

[JsMum]

Had the big meeting today.

 

The reviewing officer has told me to put in a request for a change of placement / school in writing and it will go to a panel next Tuesday for a decision.

 

I think maybe they just might do it.

 

 

Well done, did you manage to use the dictaphone?

 

JsMumxx

 

[Calvin]

No. I had a disciplinary at work on Saturday (I don't ask their permission LOL) and it's still in my locker there.

 

Anyway the meeting was minuted and I hope a success. Everyone seemed to be in favour of my views.

 

Forever the optimist.

 

 

 

 

"You can never fully appreiciate success until you have failed at least once"

[Sally44]

I hope it all goes as you want.

But don't rely on anything that is not in writing. So anything they agree, get them to put that in writing to you, otherwise come September you may find you don't have what you thought you did.

[Grace]

No. I had a disciplinary at work on Saturday (I don't ask their permission LOL) and it's still in my locker there.

 

Anyway the meeting was minuted and I hope a success. Everyone seemed to be in favour of my views.

 

Forever the optimist.

 

 

 

 

"You can never fully appreiciate success until you have failed at least once"

Best Of luck Calvin - let us know how you get on!x

[Calvin]

Been a while I know, It's not too easy at present with "him" still being off school (11 weeks now). Anyway on a more positive note the panel that decides on his placement have said if the asd independent school can meet his needs (DOH) then he can go there. We're just so hoping it happens before the summer holidays arrive.

[Sally44]

That's brilliant.

 

[Grace]

Been a while I know, It's not too easy at present with "him" still being off school (11 weeks now). Anyway on a more positive note the panel that decides on his placement have said if the asd independent school can meet his needs (DOH) then he can go there. We're just so hoping it happens before the summer holidays arrive.

 

Well Done Calvin!! Great news! You must feel like your birthday and Christmas have come together!

 

Hope your DS can at least do some tasters before they break for summer - why not ask the LEA/School anyway? I can't see why the school wouldn't let him try some afternoon/mornings out, as long as they have a clear idea of which class he will be going in?

 

The very best of luck!x

[JsMum]

Hope the asd spersific school can offer your lad a place, welldone though with the LEA, I made sure the school could offer a place before asking LEA, one the school could offer a place the LEA put that on part 4 of his statement so ensure you get that ammended next, if the school can offer your son a place ensure that part 4 states the school you want him to go to.

 

Fantastic news though.

 

 

JsMumx