applying for a statement - what do i need to do / include?

[bjkmummy]

hi, j is now 7 in year 2. we moved counties a few weeks ago. school he is now has an asd unit attached to the mainstream. j has no statement - he is bright but has no friends, is a loner and struggles with some parts of school. his last school has concerns over him - he has been on school action plus since he was 3 years old. j is dx with asd and adhd.

 

when i moved counties the school with the asd unit was full - j was admitted through the sen team at the council rather than the normal admissions team - it was agreed he could go to the school and i have it in writing that he was an exceptional case and therefore that even though he has no statement he would be placed in the autism unit. his twin sister cannot go to the school as the school is full so she is in another school across town - its a nightmare for dropping off /picking up but thought it would be worth it for j to access the specialist provision

 

anyway he started at the school 4 weeks ago and he has been placed in the mainstream with a class of 30 plus kids - his provision is nil - even though i have it in writing. the head of the unit during a meeting for my other son admitted she was unaware that j had been dx with asd - a complete lie because of how he was admitted into the school - she said she would speak to the head - i spoke to the sen officer at the council - she said noone from the school has contacted her for about 3 weeks - when i pointed out what the school hads done she bascially went all wishy washy and said - well he doesnt have a statement so not a lot we can do!!!! if i had known j would be plonked in the mainstream i would have placed him into school with his twin instead.

 

so now the head of the school is avoiding me, noone has shown any interest in j at school, theyve admitted noone from the unit has been anywhere near him, unit head says it down to the head, shes avoiding me so enough is enough - im gonna apply for a statement - ive seen the standard letter on the ipsea website ebut not sure how much detail i need to go into. the lea have all the info re j when they decided to treat him as an exeptional case.

 

also at what point shoud i include the letter from the sen team clearly stating that j has a place in the autism unit that has been ignored - in the inital letter or use that when they do refuse to assess and i have to appeal to show how badly we have been treated and let down by the school. cant believe that just a few weeks into this and we have been lied to and let down so badly by the school and the lea - now noone wants know, j is being bullied and the irony is that the school his sister is at is fab with sen kids!!!!! i want to just move him now but i need to get the statementing under way - j last school were considering statementing him and if we hadnt moved then it is likely that this would have been started as j was constantly seen by the ed psych and various agencies - here noone has shown a bit of interest in him - im so angry and fed up with it all - i was so happy when i found out that he could have a place in the autism unit without a statement and it made the move seem even more worthwhile whilst the reality is just horrible - j is being bullied nearly every day. i just want to rewind my life back 4 weeks

[Sally44]

You don't need anyone to agree with you to put in a request for a Statutory Assessment.

 

Go through all the paperwork you have and keep it. From now on put everything in writing and get written responses. Or if given a verbal response type up what was said and send them a copy of it.

 

Only a Statement is a legal document. You cannot force the LA/School to do anything even if you have it on paper. However what you do have will be useful in getting a Statement.

 

Whatever people are denying, send them a letter and state the facts. That his transfer went through Mr/Mrs xxxxx at the LA SEN department and therefore the school would have been aware of his SEN.

 

At some point it will be useful to do a Data Protection Act Search to get documents held on paper or electronic about your child from the school (past and present), the LA, SALT, EP, OT etc - anyone within the LA or NHS who has seen him. But don't do it yet because whilst you are in the process is the time that the most useful notes will be made on his files.

 

The process is usually you ask for an assessment and the LA agrees or refuses.

 

If they refuse you appeal, if they agree the EP, SALT etc goes and assesses and produces a report. You can find out who the school EP/SALT is and speak with them. Ask them if they have experience of assessing and diagnosing children with ASD/ADHD. Ask if there is someone senior who is more experienced - if there is request that they assess your child. Don't assume they all have experience in all conditions. They don't.

Put your request in writing. Make sure you ask the SALT to assess for Social Communication and Emotional Literacy (Emotional Literacy maybe the remit of the EP so ask them as well).

 

Does your child have any sensory issues - if so ask for referal to OT who is qualified to diagnose sensory integration disorder. (Later write to the OT department and ask them if they commission sensory integration therapy - they don't.

 

If your son has SpLD write to the relevent department and ask them to assess your child. Ask them what extra qualifications their specialist teachers have for children with ASD, ADHD or Dyslexia (if he has that SpLD).

 

Let those professionals produce their reports and the LA produce the Proposed Statement. Read it. And then Post here again. The wording must be very precise for it to be legally enforceable. You probably will have to appeal to Tribunal after the LA finalise the Statement. You then have a timescale in which you can get your own independent reports - send out Data Protection Act Searches - gather all your evidence and submit it within the timescale.

 

Make sure you do go to Tribunal so that the Panel word the Statement properly. Do not agree to withdraw your Appeal. The wording and provision will be much better when produced by the Panel - and if the LA do not fulfill it you can use Judicial Review where a court will force the LA to uphold the Statement.

 

Regarding Placement. If there is nothing suitable within your LA, at the Proposed Statement stage the LA will send you a list of their maintained, approved and independent schools - you can also look at independent schools. Every LA is funding places at independent schools for children whose needs they cannot meet in their own schools. You may wish to name one of those schools in part 4 of your appeal.

[Sally44]

Although the letter you have is not a legal Statement. You should still write to the LA SEN department, sending a copy of this letter and ask them why they have not placed him in the Unit as the letter states. Give them 10 days to respond.

If you have this letter it would be very difficult for them to refuse to assess for a Statement.

You can also ask the school SENCO and Head why they did not begin the assessment process as they knew the LA said Autism Unit and yet they have placed him mainstream. Send school a copy of the letter from the LA.

 

Keep a daily diary of how things are with your son at home and in school.

 

How is he coping?

 

If you are happy with the Autisn Unit, and just want your son in it. Then you could also write to your MP and send them a copy of the SEN department Letter promising an Autism Unit placement.

 

Even if they do give him a place, still seek a Statement, because he needs one for the provision and placement to be legally binding on the school/LA.