Statement Problems

[Scottiegal]

My son has a diagnosis of high functioning autism with borderline developemental disorder, sensory processing disorder and speech problems relating to processing. He is in Year 5 at a mainstream primary and is struggling. At his recent annual review (our first) we requested his hours be increased to full time (he was on 25 hours) and that he be moved to specialist provision. The LEA have come back with 30 hours and that his current school can meet his needs as "is confirmed by the paperwork from the Annual Review". I'm not sure whose paperwork they were looking at as both the Head Teachers report and our own clearly stated that he was already having difficulties in mainstream and this would only get worse in Year 6 and secondary.

 

I'm not sure where we can go from here and am hoping that somebody can advise me. I'm in a bit of quandry as I don't think school is meeting some of his statement objectives - notably the social skills requirement, but I also work at the school so I am concerned if I start saying that school is not providing things required in his statement (which I would have to do to show the school is not meeting his needs) that I may lose my job.

[Yossarian]

Hi Scottiegal

 

You will need to appeal the decision to the SEND tribunal service, detailshere

 

from the above doc:

 

When can I appeal?

If you have not been able to reach agreement with your local authority about your child’s special educational needs, you may be able to appeal to us. There is a two-month time limit for appealing to us. The two months start from the date on the local authority’s letter giving their final written decision.

 

What can I appeal about?

You can appeal if the local authority:

• has made a statement, or has changed a previous statement, and you disagree with one of the following.

• The part which describes your child’s

special educational needs (part 2).

• The part which sets out the special educational provision (help) (part 3) that the LA thinks your child should receive.

• The school or type of school named in part 4 of the statement.

• The local authority not naming a school in part 4.

 

 

It is the local authority that is responsible for providing the provision set out in the statement, not the school. It is for the school and LA to agree between themselves how the provision is funded/provided. It sounds like the school will be on your side.

 

You will need to provide evidence that your son needs 30 hours - from school, and any other prof involved

[Sally44]

As already said you can appeal.

It is all about 'written evidence', which maybe those produced as Annual Review reports, or school reports, or MEP targets etc.

You will have a timescale after the Annual Review by which time you need to have put in your appeal.

You can appeal about changes the LA has made. And you can appeal about changes the LA has NOT made eg. increasing hours, additional diagnoses etc.

IF the Statement has not been fulfilled you can also put that in your appeal too. [if the Statement, provision and placement were what you wanted, but was not being provided you could seek Judicial Review, which would force the LA to fulfill the Statement. But as the Statement needs amending, and as you want a different placement, then the best route maybe to appeal.

 

Once you have appealed you will have a deadline that you need to stick to. You will need to get any additional evidence you think you may need to prove your case. That may involve getting independent reports.

 

You can ask your LA for their list of maintained, special, approved and independent schools. You can go and visit them (or any other school you think can meet your son's needs) and you can state a parental choice for that school in your appeal.

 

Your LA will most likely put up a fight for anything that involves them spending more money. You need evidence from professionals that he needs the placement you have identified. That maybe LA maintained special school or there may not be any places in those schools. In that case you can look at approved or independent schools. The LA has to go with your choice of school unless placing your son in that school would be to the detriment of the other pupils. Or if the LA can prove it would not be the best use of their resources (money).

 

So the LA may argue that a certain maintained school can meet his needs. You need evidence that only your named school can do that.

 

You need the Statement to be worded legally so that it is enforceable and when part 2 and part 3 are right it is very obvious the kind of placement needed in section 4.

 

So if he has fallen further behind socially, academically or emotionally you could argue for a certain placement on the grounds that the therapies are on site and are all integrated into the whole school day. That he would be supported during unstructured times such as breaktimes and dinnertimes by a suitably qualified person who would be working with your son to improve his social skills so that he had more successful interactions with his peers.

 

From what you have posted it sounds like the school have said in their documents that they support you?? You can submit that as evidence. But you may well need more. Don't be surprised if the LA apply pressure on the school for them to turn up at Tribunal and say that they feel they can meet his needs and that they will do everything to fulfill the Statement. It would be your (and your reports and expert witnesses) job to show that the Statement has not been fulfilled at his current placement and that the gap has widened and that he needs a suitable peer group in a specialist fully resourced school.

 

The Educational Psychologist is usually the professional that says whether a placement is suitable or not. I doubt your LA EP will support you. You may need an independent EP to assess your child at his current placement and also visit your choice of placement.

 

Whatever your choice of placement they need to have seen your child and he should spend some time with them, and maybe assessed by them. That school needs to put in writing that your son is suitable for that school and that they have a place for him and you need to submit that as evidence.

 

It will be hard to separate this from your job. You may need to have a heart to heart with the Head or SENCO (whichever you get on with best), just to say that you are appealing in the interests of your son and ask them if the school will support you in seeking an alternative placement.

[flappyfish]

It's so hard when you work at the same school your child is in. I was in the same position and I hated it. It was really hard to push for anything and very embarrassing when he was vile in my colleagues' classes (and he really was!).It's been easier since he went to high school, but if your child is entitled to having his needs met whether you work there or not. I would have an honest chat with the SENCO and be honest about how difficult it is to wear two hats. I had a rule that unless the teacher came to me at the end of the day to tell me something, I hadn't seen it (even if I had) and I didn't comment on it, but I told the teacher that this was my policy, and said if you want me to know things, then you have to tell me. I also always made an appointment to talk about things rather than mentioning in passing as other parents don't have that opportunity ands anyway it's work time during the day, and I wrote notes that were formally addressed to Mr. or Mrs... as other parenbts would. As a result, we had honest conversations (most of the time) but I still think I didn't push hard enough. No easy answers, but you will only put your job at risk if you behave inappropriately.

Edited May 27, 2011 by flappyfish

[Scottiegal]

Thanks to all for your replies. I have read through SENDIST's criteria for allowing an appeal and it would appear that because I am wanting to change the type of school he goes to I can't appeal, unless I ask the LEA to reassess J and they refuse to do that. We have also been advised to get private reports done to support our belief that mainstream schooling can't support his needs. Looks like we have a long battle ahead of us

[Kathryn]

Hi Scottiegal,

 

On response to your last post, that's not correct - you don't have to get the LA to reassess in order to get into an appeal situation. If you've just had an Annual Review, you have the right of appeal from the time you get the LA decision letter, which tells you what they are going to do with the statement and officially concludes the Annual Review. Then you can appeal against parts 2, 3 and 4 of the statement.

 

There is a 2 month time limit to appeal from the time you get the letter. If the LA have made a decision (and it sounds as though they have) but you haven't actually got a letter stating your right to appeal to SEND, the LA are in breach of their legal duty and you need to remind them and ask them to produce it. Then bung in your appeal straight away!

 

K x

[Sally44]

And the law regarding Annual Reviews changed recently.

 

Now you can appeal about changes made to the existing Statement. And you can also appeal about changes NOT MADE to the existing appeal.

 

So if someone reduced the hours or changed the programme etc you can appeal.

 

And if additional needs have been found, or he is not making progress, or you think he needs a different school and the Statement was not altered to reflect that, you can appeal.

 

And your appeal can be relating to anything in parts 2, 3 or 4.

 

And you can initially appeal about one part, and if you then find additional needs or get additional evidence that is relevent to part 3 and 4 - you can put in a Request to Sendist to alter your appeal to include the other sections too. Just make sure you keep to the deadlines.

 

From now on make sure you get everything in writing. Keep a daily diary about your son as that maybe useful at tribunal.