statement not being fulfilled

[BusyLizzie100]

*Takes deep breath*

 

My eldest son has AS, finally got a Statement right at the end of Year 6 and started at a mainstream secondary in Year 7 in September 2009.

 

He is very bright but has massive anxiety, which severely intereferes with his day-to-day functioning. He's had psychological input for over four years, psychiatric input for two years and is on anti-depressants. He is currently having CBT. Several professionals, including the LA's specialist EP, have identified his needs and we went to tribunal to ensure that they were well represented in Part 2 of the STatement - he is now 'expert' at masking his anxieties, worries and fears at school, although these professionals have recognised that the very large majority of his anxieties are school-related.

 

The result is that, despite the Statement, the secondary school have for the majority of Year 7 dismissed the Statement as irrelevant - they see none of the issues described and have even tried to persuade the specialist EP that she is wrong. This means that my son's anxiety has escalated to the point that we had to seek an emergency psychiatric appointment last week over concerns that he was having a breakdown.

 

His Annual Review took place in May; it was a good meeting in that one of the professionals who is familiar with the full extent of his anxiety was able to talk about it, and proposals were made and strategies agreed. Nothing has happened since.

 

In reality these things agreed at the meeting have been on his statement for a year and not done properly, for example he has been given a Time Out card for when he gets very anxious, but he feels he cannot use it. We have said he needs roleplay to understand how to use it, that explanation needs to be explicit, that he needs to be introduced to his Safe Place and to the person he can go to - school says that because he is not using it, he obviously doesn't need it. School says they have put strategies in place but if he doesn't use them or ask someone about it, then they can't do anything more. Because my son appears bright, intelligent, articulate and able to rationalise, they take him fully at face value, despite the wealth of professional information that gives a true insight into what makes him tick.

 

We are now at the point of asking school, the autism advisory teachers and the SEN officer why my son is not being supported, but everyone is passing the buck.

 

I feel my only option now is to complain formally. I've checked out the IPSEA site and have a copy of their model letter, but I;m finding it hard to get right - for instance, school says they are putting strategies in place but they are not doing it appropriately - the outcome is that my son's mental health is suffering.

 

Any ideas on how to get that message across? And what happens if a letter to the LA's chief education officer brings no joy - when I wrote a similar letter a couple of years ago about my second son not getting the SALT provision on his Statement, the chief education officer just said 'yes he is' (I didn't take that further because we then were trying to move him to a specialist school). What would be my next course of action? Don't want to appear pessimistic, but... Would it be the ombudsman?

 

Frustratingly, this has all dragged on throughout the year so that there is now only four weeks left of Year 7...

 

Any advice appreciated.

Lizze xx

 

[sawjd]

Hello Lizzie,

 

I had the same problem with D and his statemnets and complained that they mentiion strategies but they never explained how they were delivering this. In the statement there is a section in whcih they have to describe how they are implementing this, if this is not detailed then at the next annual review, you need to take the statement apart and under the sections where the needs are not being met or strategies not being delivered and collate evidence ready for the next year as its probably too late now as you have mentioned that there is only four weeks left.

 

IPSEA have been good to me in the past and i have had no complaints when we went to tribunal they were very helpful.

 

You always get two weeks to change the statement if its not right and they should actually give you a written report from all the teachers involved two weeks (copies) from everyone and it has to be circulated to everyone before the statement is drafted then you have two weeks to change. The only thing i can suggest is a educational solicitors and i know of a couple. Sorry dont know what area you are from as i have not checked your profile yet. I was told that you can represent your child and qualify for legal aid on his behalf,(a solicitor told me this) as to what happens after that i am not sure. Just sorry that you are having to go through this, i have been there and got the t shirt as they say.

 

Hope this helps somehow and hope you get this sorted, don't give up.

 

Best wishes

 

sarni

[Sally44]

I would speak with IPSEA about it.

What does the wording of the Statement say. Are the school doing that and your son is unable to use the supports because more input is needed and that needs to be set out in the Statement.

I had something similar with my son not using dinnertime clubs (which his statement says he should have access to). He was saying he wanted to do them at home, but in school would refuse to go. It turned out that school had removed his visual timetable because they felt he no longer needed it, so he relied on the classroom visual timetable. However the classroom visual timetable did not have 'his individual differences' in it. So because 'dinnertime club' was not on the schedule he could not cope with the 'change' of being told 'now you can go to dinnertime club'. Once his visual timetable was reinstated and his symbol for dinnertime club was used, he would go.

I would also talk with the EP about this and see what they suggest. Although he is smart he may need more visual structure and as you say he may need to be walked through the process many times before he can use it himself. As for a time out card. Is he capable of recognising 'when' he needs to use it. Does he understand his own emotional state as this is quite a difficult task for a child on the spectrum. If he is getting anxious and stressed out he may need extra breaks building into his schedule as a matter of course.

As you have had an emergency appointment with the psychiatrist, what did they say and have they put anything in writing for you to use?

I'm sure you know by know that if the mainstream placement does not work, then the next step might be looking at a mainstream school that has an autism unit and many more ASD children in their mainstream school. That schools approach and structure maybe more suitable.

 

[Sally44]

As you've just had the annual review did you submit your concerns? Is the EP going to suggest a change of wording or anything additional to the Statement? There is a timescale for any changes to be made.

However if any changes are made to the statement that gives you the opportunity to appeal to tribunal and you can appeal about any part of the Statement. Eg. if they try to reduce or stop provision you can appeal that and include in that appeal anything else in sections 2, 3 or 4.

[Kathryn]

I'm sure Lizzie will correct me if I'm wrong: I think the issue is not with the statement itself or with the amount and quality of professional advice available but that the school are not fulfilling it or taking heed of the advice.

 

K x

[BusyLizzie100]

I'm sure Lizzie will correct me if I'm wrong: I think the issue is not with the statement itself or with the amount and quality of professional advice available but that the school are not fulfilling it or taking heed of the advice.

 

K x

 

Absolutely right.

 

After a couple of days of abject depression (!!) the specialist EP for the LA has strongly recommended we and school have a meeting, although she does not have the authority to make school do it. I have today penned a very worthy email saying I think this is an excellent idea and would give us an opportunity to go through Part 3 and sort out what can/can't be done and why, eg if they have a genuine grievance over lack of funding then that could be followed up. I feel like the ball is firmly in their court now and much depends on their response - if negative, then we will certainly be taking a formal and official route.

 

I'm just not certain whether that should be to the LA customer focus dept (complaints), the head of education, or straight to the local ombudsman.

 

Thanks you guys for your replies, they're always helpful. <'> ><

 

Lizzie xx

[Sally44]

If it is a case of the school not doing what is in the Statement, then it is a case of non-compliance. You can, as you have said, meet with them and go through the Statement to ensure everyone understands what they should be doing. I don't know if it is worth giving them the benefit of the doubt, or whether it would be better to send in a letter to the LEA and school about non-compliance now. I think there is supposed to be a time limit for complaints from the time you find out about non-compliance to the time you report it.

 

However in your post you also said:-

 

"In reality these things agreed at the meeting have been on his statement for a year and not done properly, for example he has been given a Time Out card for when he gets very anxious, but he feels he cannot use it. We have said he needs roleplay to understand how to use it, that explanation needs to be explicit, that he needs to be introduced to his Safe Place and to the person he can go to - school says that because he is not using it, he obviously doesn't need it. School says they have put strategies in place but if he doesn't use them or ask someone about it, then they can't do anything more. Because my son appears bright, intelligent, articulate and able to rationalise, they take him fully at face value, despite the wealth of professional information that gives a true insight into what makes him tick."

 

So, if they are fulfilling the Statement by giving him a timeout card, and then say he is not using it - then they may have a point that they are fulfilling the Statement. However as you have said, your son needs to be taught explicitly how to use the card and may need role play. If that is already in the Statement then it is non-compliance. If it is not in the Statement then (on the EPs advice) it should be included. But if the Statement does not contain any recommendations about explicit teaching or role play then it is not non-compliance.

 

[BusyLizzie100]

So, if they are fulfilling the Statement by giving him a timeout card, and then say he is not using it - then they may have a point that they are fulfilling the Statement. However as you have said, your son needs to be taught explicitly how to use the card and may need role play. If that is already in the Statement then it is non-compliance. If it is not in the Statement then (on the EPs advice) it should be included. But if the Statement does not contain any recommendations about explicit teaching or role play then it is not non-compliance.

 

Yes it does say this, exact wording is: 'He will need explicit instruction on how to use this'.

 

There are numerous other issues, such as how often he meets with his keyworker - the statement says at each registration, ie twice a day (and this was ok with the senco when I met her at the end of Year 6 to discuss our appeal). Also we should have half termly meetings with the senco, probably so that we don't end up in the situation that we are now, of no one communicating!!! And similar other things.

 

Well, dates for a meeting are being discussed among the professionals, apparently, but I'm not party to them. It'll be a shame if they pick a day that I'm working - nearly all my annual leave goes on time off for meetings and appointments as it is, so I might not have much left!!

[JsMum]

but he feels he cannot use it. I would say it is clear here that your son just can not use it, because he doesnt know how to, when to, identify his reasons to using it, ect....so its got nothing at all to do with he doesnt need it like the school are implying, How Im understanding it, its like a toddler needing the toilet, but doesnt know how to sit on it, wee and flush it, or recognise when he needs that wee, exct..... just my termanollogy, he still NEEDS the toilet, he still NEEDS the Wee, he just doesnt know how to use the toilet yet, the time out card, safe space is similair, he so does NEED these implements, he just doesnt know how to use them to meet his NEEDS.

 

At Js School the Teachers aproach him, they even sometimes ask him to take time out too, they recognise his anxieties and so by doing this he exits for a breif five mins and comes back in and then he is calmer, he doesnt exculate.

 

By nipping anxiety in the bud early can have massive benefits longer term.

 

The fact you have evidence of his high Anxieties at home shows there will be Anxieties at school, irespect if the school pick that up, you have medical profe you dont need to to prove to them of the extent of your sons Anxieties so I would just insist that they just meet his needs that are already identified.

 

Maybe the time out card is a bit embarrassing in a classroom of other kids, especially those who wont be using them at all, and maybe you need a hand signal, or a tap on his eyebrow kind of sign, something discreet and mose code, something between your son and the teacher, J has in the past shouted Red before and I know that means danger, temper, ect....

 

Does anyone else use his safe space? does he go to it when he doesnt need it, just to chill, so he can get use to using it?

 

I would defo write a letter detailing your concerns and giving it to all those involved such as specialist ed psych and seeing if things can be implimented for september 2010.

 

In the summer holidays you could look at specialist Drama class for him, or something that gets him to role play, six weeks holidays is a long gap so could give him some theraputic activitiy while he waits for school to start again that will no daught cause additional anxiety and so the cycle starts all over again, but having something in place over the summer might just help him take his mind off school.

 

JsMumx

 

Edited June 23, 2010 by JsMum

[BusyLizzie100]

Thanks for your brilliant post JsMum!

 

Yes the toddler analogy is absolutely right, well put. And yes, I should stop beating myself up about how to get school to understand - his needs and anxiety have been well proved and documented and the psychologist even came to his AR; school needs to do what the STatement says and if they don't then it is non compliance. Hopefully if we get this other meeting we can clarify what school is having difficulty with.

 

As for the safe space, great idea to introduce it first as a 'chill-out' rather than the place to go when everything else has failed and I've already been sick from the anxiety!!! That is a subtle difference but very worthwhile.

 

Your post had really cheered me up, thanks <'>

 

Lizzie x

[Sally44]

That is what I was trying to get across in my previous post.

Our children need to be taught explictly (as your Statement says) to access the help and support they need. Without that explicit teaching they don't have the skills to use the supports needed.

They are just assuming he could use those supports if he wished to because they are going on his outward appearance and maybe his ability in some areas.