Applying for statutory assessment - help please.

[nysnanna]

Eventually sent a letter asking for Notts LA to carry out Statutory assessment, the form has arrived and I'm now feeling very overwhelmed and so worried about letting my grandson down. We are increasingly concerned about him and his mental health at the moment, his anxiety levels have shot through the roof and he has become almost monosyllabic, and when he does speak his is angry and sooting at his mother and sisters. His fear of his sitters germs has gone off the scale, yelling at his Mum to wash her hands immediately she touches the girls or their clothes and he spends the majority of his time in his bedroom.

Aware that as he is now 12 some of this may be hormonal behaviour but believe that it is his anxiety that is causing it. He had a chat with me the other day and told me that all his counting and touching rituals have returned, after subsiding for about 2 years, but are even worse now. He is constantly washing his hands and applying moisturiser as he complains his hands are dry and he can't touch anything. I'm aware I'm rambling but the school don't see any of this and don't seem interested enough to care.

At school he is way behind his peers, he is in year 7 and is just achieving grade 3, according to the school that is OK because he is improving and meeting the targets of improving 2 levels in a year. The gap between him and his peers is getting bigger as I believe they have targets of 3 levels a year. He finds the lessons too bewildering to take part, he is constantly shouting out and being send out of the lessons. He has a behaviour plan in place to work on not being disruptive in lessons but I believe this is making his anxiety worse and is not improving his behaviour.

He says the only part of school that is OK is break and lunch time - he has recently made some friends - Year 11 boys as he cannot get on with his own year. He says that year 7 and 8 pupils are constantly mimicking and copying him, calling him a 'chav'. The school seem to think that our boy needs to modify his behaviour so that he is no longer a target to the others.

At the last two reviews we had had to pester to get minutes, still waiting for minutes from last review on Feb 6th and they are scanty to say the least. The Ed Psych suggested a referral to Autism Support Team at that review, when I tried to chase it up I am told a referral can only be made at Springboard meeting on June 4th. Ed Psych was supposed to do an 'observation' of a lesson on March 19th, this didn't happen as he had a cover teacher and all of the inclusion team were off sick. Tried to contact her but have not had calls returned, now she is on annual leave.

The school think I am wasting my time applying for a stat. ass. but I feel we are letting him down. A lot of the problems I believe are caused because the teachers think he has an attitude rather than autism although he has a diagnosis of ASD, ADHD, Demand Avoidance and complex needs. When he is feeling stressed or anxious, he becomes volatile and confrontational, he will shout but is not aggressive. We are now struggling to get him to go to school, every morning he complains of stomach pains.

I asked about the Ed Psych doing an assessment but was told this would be done if he gets a statutory assessment, and she will do an observation. I asked about SALT input but was told they no longer provide support for children in this age group. I asked why he had not been referred to the Autism Support Team earlier and was informed that this is only for children with severe needs, I consider his needs are now severe.

Sorry about rambling but trying to do this before I go to work.

His mother has Aspergers and his 3 sisters, all younger are all on the spectrum but with less problems, so far, so I am the one doing the work with the schools etc, as well as working full time, so as you can imagine, this is a pretty stressful time for me but I so want to get it right for my grandson and so the best I can for him. It is unlikely we could afford any private assessments but would think about getting a loan to do this if necessary.

How much information do I need to put in this first form - Request by parents for section 323 assessment? What is the best way of filling it out?

Any advice appreciated , many thanks

Teresa

[Sally44]

I'm going to PM you because you are in the next county to me.

[bed32]

I think you are certainly right to apply for statutory assessment - it sounds from what you right that he ought to have a statement but you may find the process of getting it rather slow.

 

You are normally expected to go the School Action/School Action Plus route with IEPs and so on, and you will find if difficult to get an assessment, or a statement, until you have had a year or so with IEPs. But even if you don't the process of applying for statement should cause the authorities and school to look in more detail at his problems and hopefully become more proactive in putting provision in place within the scope of SAP.

 

I actually found what you wrote compelling - and it should form a good basis for what you need to say in your form.

 

I am becoming increasingly aware that there is a class of ASD children who are being failed by the LA education system. Ours is one, and your grandson is another. Children who are bright and who are capable of the doing the work required in a mainstream school but can't cope with the other pressures.

 

As you have discovered you are in a bit of a Catch 22 with the assessment. The LA EP will only assess if they agree to a statutory assessment and you can't necessarily get them to agree without his assessment

 

Eventually you will need to consider getting your own assessments done by independent EPs, SALTs and OTs - that is an expensive business but you will need it if you want to challenge the LAs decision.

[Sally44]

Although the EP would need to assess as part of the Statutory Assessment process - all schools have a budget for EP and SALT input/advice.

 

Mainstream secondary schools do not have SALT input because they are not supposed to contain children with SALT needs!

 

I think you are right to be seeking the assessment. I would get referred to an NHS professional [clinical psychology and/or CAHMS for his anxiety and OCD behaviour and get that in writing that he is medically unwell].

 

I would not force him into school if he refuses, and I would get in writing support from the NHS consultant involved exactly how much pressure, and what you should do to get him in. What would he consider reasonable. And get him to put that advice in writing to you to cover you against the Educational Welfare Officer getting involved.

 

I was having to use alot of physical force, and I told ClinPsych that I felt very uncomfortable using that level of force to get him to go somewhere where he was not coping and where his needs were not being met. He was threatening to hurt/kill himself and I was having to watch him 24/7 to make sure he didn't hurt himself. They sent a letter to me stating that I was ONLY to use gentle encouragement. So that is what I did.

 

Your main concern is your grandson's physical and mental health. If he refuses school that proves he has voted with his own feet. The school has done absolutely nothing to address his needs. I would just leave them to do whatever they do or don't do. Everything they fail to do will be evidence you can use at an Appeal.

 

This isn't about a child not feeling like going to school. This is a child with serious anxiety and OCD behaviour that is controlling his mind and making him ill. He is washing his hands because his brain will keep telling him to wash them and that he is contaminated and covered in germs, and the only thing that stops those thoughts is to wash his hands. But that relief only lasts for a few minutes before it starts all over again.

 

And if he is out of school, as awful as it is, sometimes they get so ill that they simply cannot take it anymore. And when it gets to that stage, that is when you are more likely to get the placement the child needs.

 

Try to be as open and honest with your grandson as you can. I managed to get my son to tell me how bad it was for him, and for him to honestly tell me each morning whether he felt he could go into school or not. I told my son that I was going to find a school where he would feel okay and happy to go there, and that although he was not in school presently, at some point in the future he would slowly go back to school - a little bit longer every week - until he was back in school full time.

 

And we are nearly there. It has taken 4 months. After Easter I expect he will be in school full time again after a whole year out of school.

Edited March 27, 2012 by Sally44

[Sally44]

I would also add that although children in secondary mainstream don't typically have SALT needs to such an extent that the SALT is involved, it is not impossible. And for the school/LA to just state that your son cannot be referred to a SALT is what is termed "a blanket policy" and is illegal.

 

Whenever you are told these types of things, always follow it up with a letter eg.

 

"Further to our telephone conversation where I informed you of our concerns regarding our son and the difficulties he is having in school, you informed me that you cannot refer him to a SALT as your school does not have that facility or funding. Can you please confirm that in writing to me."

 

You will be surprised how many times that kind of letter gets you what you have asked for. Many times parents are verbally fobbed off. But those same people are not prepared to put what they told you in writing because what they have said is not true.

 

Has your grandson never been seen by a SALT during his time in primary school?

 

You could find out which SALT department covered his primary school [phone them and they should be able to tell you where they refer children to]. You could phone them and speak to the Head of the Department and tell her what is happening at secondary school and say that you believe your son is now ill and on the point of refusing school due to his needs, and that you think he needs to be seen and assessed by a SALT. The SALT will not be able to go into school until the school refers your son/grandson to them.

 

It would be helpful to know that the school has never referred him. And for the Head of the SALT department to confirm that the secondary school have never even sought advice about him.

 

In your case you have a diagnosis of an ASD? As well as other co-morbid disorders. If you get the referal to ClinPsych and/or CAHMS, then you can apply for the Statutory assessment already able to prove that he has severe and complex needs.

 

Usually a child should have been placed on School Action and then School Action Plus. At School Action Plus the school is supposed to get advice from outside professionals relevent to the child's difficulties ie. SALT, EP, Autism Advisory Teacher. There are plenty of secondary school children with Statements, and a proportion of them will have speech and language therapy input specified in the Statement.

 

So add an additional paragraph to your letter stating something like:

 

"Can you please confirm what stage of the SEN process xxxxx is at. Does he have an Individual Educational Plan? Can you confirm how many hours per week are used to support xxxxxx and what staffing arrangements have been made to support him."

 

I think it is going to look very bad on the school when they write back and say we have done nothing and referred nowhere. That he is not recognised as having a SEN and does not have an IEP or any hours allocated to support him. Every school has allocated hours to support SEN children. It is usually called delegated funding and amounts to around 15 hours per week that a child "could" be supported. The school automatically receives that money whether they have to use it or not.

 

A child that has a Statement has additional needs over those delegated hours ie. needs more hours of support. Or they need specialist therapy/input which the school does not typically provide. This would include speech therapy, occupational therapy, educational psychology input, advice from clinical psychology and/or CAHMS.

 

You've said that he does have some behavioural issues in school, and these should have been targets on his IEP.

 

It is possible that the LA may refuse to assess for a Statement. But if they do that I would lodge an appeal to SEND immediately. I am sure that on the information you have posted the Tribunal Panel would Order the LA to carry out a Statutory Assessment.

 

You need to ensure that from now on you get everything in writing and file copies of it for your evidence.

Edited March 28, 2012 by Sally44

[nysnanna]

Many thanks for the support and advice - N was referred to paediatrician and psychologist at the age of 3, when he was at nursery school, the two of them diagnosed him at the age of 5 with ASD and ADHD, with demand avoidance and complex behavioural difficulties. At this time he was assessed by SALT team and advice was given to his Mum and the nursery school but they had no further input. He has seen the paediatrician about every six months but this is always about the medical side, he has twice tried medication for his ADHD but they did not suit him, she also prescribes his melatonin. The psychologist input has mainly been about supporting and advising his Mum and she has visited the whole family at home. Mum has Aspergers, sister aged 10 has ADHD, sister 7 has almost certainly got Aspergers but is currently coping well, youngest sister aged 3 is also very quirky and has many autistic traits but is currently doing well at nursery school, although beginning to display some rigid and difficult behaviour at home. The psychologist has never really done any work directly with N and now her job is going with the latest round of cuts in Notts. She felt that it would be better to discharge N from CAMHS rather than him being held by someone else, even though I pointed out that things were beginning to deteriorate fast for him. She advised that he would get a better service if he was re-referred, as he would then get an assessment in a specified time? Sounds odd to me but I am now going to ask for another referral to be made to look at his anxiety and obsessions. He has been on school action plus since he began school and has had regular reviews and IEP’s. When he was in primary school the Inclusion Support Services would come to his reviews but never did anything with him, when I asked about their role, they said it was to advice the school, if/when they asked for support. I don’t believe they ever asked for it. We have never been over happy with the amount of support he receives but since he started secondary school it has been all downhill. He receives one hour a week support from Targeted Support Services, a service aimed at supporting young people at risk of offending, the worker is incredibly good with N and strongly feels that the school is not the right environment for him. He is very supportive of our application for an assessment and has offered to help us with this, but his job is also at risk at the moment.

Over the years N has always struggled with his behaviour in class, especially in the larger environments ie assembly hall and dining rooms. His behaviour is described as disruptive and challenging and he spends large amounts of time out of the classroom. When N is feeling overwhelmed he becomes quite volatile and can be confrontational and verbally abusive.

He is very tall and physically developed so stands out from his peers physically. His current obsessions are his music and clothes, which the school have said are both in line with the year 11 boys rather than the year 7. This leads to him having nothing in common with his peer group and he is constantly being teased and called names by them. He has already had one fight and is feeling very angry at the moment and feels that he will be involved in further fights.

He is on a behaviour plan which the school have tried to say is not a punishment plan, but he feels very strongly that it is unfair that he is the only one that has got one and when others are in trouble they are not sent out of the class. He is now saying that he does not want a TA with him and he does not want a plan, I imagine he feels that this increase the stigma for him and makes him stand out

 

His IEP’s have now been replaced with - Individual Statement Provision Map and says

ASN: 5.5 AFN 7.5

Long Term Objective:

• To achieve Key stage 3 predicted grades
  
• To reduce the amount of time out of lessons
  
• To speak to members of staff/peers appropriately
  

Target by next review:

• To practice behaviour and communication strategies (as discussed in 1 - 1 sessions with TA) in class.
  

Wave 1 Whole school Inclusive Practice

Differentiated curriculum, planning, delivery, activities and by outcome.

Increased visual aids and modelling

Visual timetables

Illustrated dictionaries

Use of writing frames

Access to word processor

Structured routines

Rewards and sanctions systems

Flexible teaching arrangements, open access to Inclusion centre.

Wave 2 Additional Interventions

In class support over a 2 week timetable:

Tech x3

Maths x5

Drama x2

Science x3

Art x1

IT x1

Music x1

Lang x1

Nurture math’s and English x 6 per week

Access to Oasis

Group provision before school, break time, lunch time and after school club (available to N if and when he needs it).

Wave 3 Intensive Interventions.

1 : 1 with TA 1hr a week

Home school contact

1 :1 numeracy 20 mins a week

 

Wave 1 -N feels that the only thing he receives is the rewards and sanction system and open access to Inclusion Centre, he is not aware of anything else being done for him.

Wave 2 - His view is that he gets TA support in lessons where the teacher finds his behaviour difficult. He avoids the group provision as he feels that he would sooner face the teasing/bullying from pupils than give staff the opportunity to nag him. Would never stay after school - can’t wait to get away.

Wave 3 - doesn’t mind 1 :1 support with TA but doesn’t really see the point.

 

What are your views on his targets and the strategies?

 

N spoke to us yesterday about the problem with his hands, he has to keep wetting them or using moisturiser. He used to do this in the past, saying that his hands feel dry, but it has come back much worse. He thinks it possibly started again during cookery class when he had to wash the dishes. He said that having to put his hands in dirty water made him feel really strange and sick. His counting and touching rituals are really bad again and his fear of germs is worse that it has ever been. He is now able to say that he is finding it difficult but doesn’t know why he does it or how he can stop. The fear of germs is really hard for him, especially as most of this is focussed on his sisters, particularly one of them. Very hard for her too and his Mum as she is trying to balance his anxieties with the effect it is having on sister Z.

 

I know that this is a long post and probably rambling again but I wondered if it might give a clearer picture of the support he has had in the past and is currently receiving.

 

I am now beginning my draft copy of the application for an assessment and realise that it will be a long document but want to make sure that anything of importance and relevance is in the application.

 

Many thanks to everyone again for advice and support, any suggestions, ideas and thoughts are really appreciated.

 

Teresa

[Sally44]

Remember to look at those links I posted to IPSEA and ace-ed, as they will have good advice in them.

 

When you send in your request for an assessment, the LA has to respond within 6 weeks telling you they will either assess, or refuse to assess and give the reasons why, and also inform you that you have the right to appeal their decision.

 

So if they do refuse, lodge an appeal immediately.

 

What is very clear from your post is that you have a grandson with severe and complex needs, whose level of support is not working and who is at risk of both refusing school and recognised as being at risk of offending and also has sleep problems and mental health issues.

 

I cannot imagine that he would not qualify for a Statement, so if your request is refused, please appeal.

 

As part of an request to assess the LA should ask relevent professionals to assess your grandson. You can ask the LA who they would ask [you definately want SALT and EP], and you need to request that the LA contacts CAHMS and the targetted support services and any other professional involved with him.

 

His IEP targets - are they being met?

Is he spending less time out of lessons.

Is his social communication more appropriate.

 

Has anyone even explained what they think is causing these outbursts, exclusions etc. It needs to be looked at by a suitable professional, and asking for a statutory assessment should cause everyone to re-assess and look at your grandson again.

 

He does have some speech and communication targets - but it is being put together and delivered by a TA?? They are not suitably qualified to do that.

 

I would write to his current school and ask them how many hours per week is used to support your grandson. And what staffing arrangements/support is available to him throughout the week.

 

Ask them if they have ever sought EP or SALT advice and who has put together his social communication IEP target.

 

All of the provision the school says they are providing has to be producing results ie. progress. If it isn't that means that either the amount of support is not enough, or it is the wrong kind of support, or it is not being put together or delivered by a suitably qualified professional.

 

So look at the IEP targets and see if they are being met. And do you agree they are being met.

 

For example, my son was given a target which was "for xxxx to initiate social interaction." And how the school said they monitored it was that the dinnerlady was given a card, and everytime she saw my son say something to another child she ticked it. And at the next IEP meeting they said the target had been met. What rubbish.

 

I reminded them that the SALT said my son could not talk on topic, or take turns in conversations, that he often said inappropriate things regurgitating dialogue from TV. Unless the dinnerlady heard what he said, we had no idea if it was even relevent. And he was not being taught any skill. I said a SMART target would have been for the SALT to be teaching him an explicit skill, such as greeting someone and telling them his name. That he would be prompted to use that in 1:1 sessions with the SALT, then with the TA, then in the class, then in the playground etc until he could demonstrate and use that skill spontaneously with a number of people in a number of environments.

 

Your grandson's targets seem inappropriate to me. For example, if he is getting angry/frustrated in class the main target is not to stop him saying or shouting things and disrupting the class. It is to identify what is making him so angry/frustrated, and to address that. That would then reduce the anger/frustration. He could then have a further target when he was regularly asked by the TA for example where he was on a scale of 1-10, and if he said the number 6 or above, he could leave the class for a quick walk around with the TA to help him calm down and refocus. But he would also need to be taught how to recognise his emotional state, which he may not be able to do. He may only recognise he can't take it anymore when he is at the point of errupting.

 

And I would STRONGLY recommend that you get all these issues recognised as being under the umbrella of ASD and ADHD, because otherwise you could find your grandson recommended for an emotional and behavioural type of school which would not be suitable due to his diagnosis. In the right environment, alot of his disruptive behaviour may lessen or even disappear.

 

He may have sensory issues and desperately need a low arousal environment, in small class sizes, otherwise he may feel totally overloaded and overwhelmed on a regular basis.

 

He may need a school that has a high level of therapy input, and where the staffing level is such that he could be allowed frequent additional breaks if and when needed and would be accompanied by an adult. He may find it impossible to concentrate on one subject lesson for the 1 or 2 hour duration, and may need all work differentiating into shorter 20 minute slots. A mainstream school could never provide that.

 

But you need the LA to agree to assess first. Then let them produce the Proposed Statement.

 

You need to be sure of where you think your grandson should be placed. Is there another school you think could best meet his needs? I pm'd you about a couple near you. You and his mother need to go and visit and see what you think. If you feel that any of them is the ONLY one that can meet his needs, you may need to appeal the finalised Statement and go to a SEND Tribunal.

 

If you are seeking a high level of therapy and an independent placement you will need independent reports. Remember that the Statement is a cut and paste job of professionals' reports. So you need a professional to identify each and every need, and to quantify and specify how to meet each of those needs. If the NHS and LA professional reports don't do that, then you need to get independent ones.

 

Do you know what "ASN: 5.5 AFN 7.5" means?

 

Also how old is he, and what KS level is he at for literacy and numeracy.

 

Why is he having 1:1 for numeracy? Does he have a specific learning difficulty [Dyscalculia] and has that been diagnosed?

Edited March 29, 2012 by Sally44

[nysnanna]

Hi Sally

 

N is 12 years old and in year 7 - he is at KS3 for literacy and numeracy - currently 3C English and 3B Maths.

I think ASN 5.5 means 5 and a half hours support from Additional School Needs money and 7.5 AFN is 7 and a half hours support from Additional Family Needs funding. apparently it is the way Notts County Council funds the extra support for children with SEN.

When would be the best time to think about getting independent reports, should I wait and see if the agree to assess him first? Would I then see what the EP says in her report or go and get our own at the same time?

Definitely wanting to go and look at some other schools but at the moment not wanting to build my daughters hopes up too much by showing what N is missing out on, because of her own difficulties she will struggle to accept that everything has to be done through the Statement etc.

I have always felt that N's behaviour is linked to him being overwhelmed and confused, he has always struggled in larger spaces with more people and more things happening. He does not like bright lights and certain sounds irritate him to the point of distraction, someone clicking a pen for instance. When he is in a calmer environment or in a situation where he understands what is happening, his behaviour is not a problem. The clinical psychologist felt that his challenging behaviour was due to his anxiety. I have also worried about him being placed in an environment that concentrates on his behaviour, rather than his autism and adhd.

I have checked out the links to IPSEA and ACE and you're right, they are very useful.

 

Many thanks,

 

Teresa

[Sally44]

This is just my opinion, but I think that with the needs your grandson has got, I would not get independent reports now.

 

He has a number of diagnoses, which makes it all quite complex.

 

From the amount of support in terms of hours he is receiving, that sounds like the school are using all the funding they have available. But I would check that and get it confirmed how many hours support he gets in school and from whom. Also what professional input he gets. And ask IF school could provide more support from their funding.

 

If a local authority tends to refuse most initial requests for a statutory assessment, I think they could refuse to assess. But that is how some LA's screen out those parents who are not prepared to take things further.

 

I would find it strange if they did refuse, especially with his additional ADHD, potential to offend, mental health issues, frequent removal from classes etc. But if they do refuse, they must let you know within 6 weeks of your request for an assessment. You would then appeal that decision, and the hearing would be in about 4-6 months time.

 

I would go to that hearing again with just what you have, as I think any SEND Panel would see that an assessment was needed.

 

The LA would then be Ordered by SEND to assess. They would then assess and either issue a Note in Lieu - and again you would have to appeal. Or they will issue a Proposed Statement.

 

You should negotiate as much as you can about the Proposed Statement especially to ensure that every need is identified and provision quantified and spcecified. Then the LA will finalise the Statement. That is when you would appeal again, probably for parts 2, 3 and 4.

 

You would have already been searching for any independent professional you wanted to use, and would have set a date for them to assess.

 

You want any independent professional to assess just before the Tribunal hearing. You want their reports to be the latest and most up to date so that there is not enough time for the LA or NHS professionals to assess again just before the Tribunal date.

 

And you need to start looking around at schools so that you know which is the ONLY school that could meet his needs.

 

We argued for the school we wanted [which I pm'd you about], because it has SALT and OT on site and we had independent reports that said he needed input from these professionals throughout the week. I had written to the NHS and they confirmed they did not receive funding from the NHS Trust for Sensory Integration Programme - so the LA maintained school could not provide it. The independent one could because they had suitably qualified OT's on site.

 

I also argued for this school because their OFSTED report states that many of the children have low confidence and self esteem and many have mental health issues. The school also has an Educational Psychologist on site and NHS clinical psychology and CAHMS staff do go into school and advise staff. So the school could deliver a programme to support his anxiety and OCD behaviour. No LA maintained school could do that and the LA maintained school he was refusing to attend confirmed that they had not received or sought any advice from ClinPsych or CAHMS and did not work with them in school. This was key because his level of anxiety was the reason he was out of school.

 

We also needed our independent EP to visit the current NHS school and write a report about it. And the SALT, EP and OT were also paid to attend the Tribunal hearing as expert witnesses so that they could respond to the LA witnesses [sALT, OT and EP].

[Sally44]

You also need to get referred to Clinical Psychology and CAHMS so that you definately have something in writing from them to submit for the Appeal about the finalised Statement or even earlier if possible.

[Sally44]

I also think it is important that suitably qualified people are putting together programmes and delivering them.

 

So I would also ask school WHO is devising any social communication or behavioural plans.

 

SEND always want suitably qualified people and a TA is just not qualified to do these things. Neither are teachers, especially when the child has severe and complex needs. That is what the EP and SALT and OT are for.

 

And you also need evidence that the level of provision is not enough and that progress is not being made.

 

His KS levels means that he is at the lower end of all the children at that school, and that maybe his overall cognitive ability - but it needs to be assessed because children with an ASD score much higher results when assessed using none verbal assessments. That would then indicate he had a "Specific Learning Difficulty", which may enable you to seek specialist teaching from teachers that have addtional qualifications for teaching children with an ASD, and or whatever his SpLD is. In our case our son also has dyslexia and dyscalculia and we sought specialist teaching for that, and the Tribunal agreed to 3 hours a week 1:1 for literacy and numeracy, with the specialist teaching liaising with school staff to ensure that ALL his work was presented in a way that he could access it from both the ASD and SpLD angle. The Panel at the Tribunal hearing also agreed that he needed teachers also qualified to teach children with an ASD.

Edited March 30, 2012 by Sally44

[nysnanna]

Today I had a telephone call from the Educational Psychologist, she has just returned from leave to find my message. After the last meeting Feb 6th she agreed to go and observe N in a lesson on March 19th, this didn't happen, apparently because the SENCO and all the inclusion team were off sick and the lesson she should have observed was being taken be a supply teacher, she was advised that this would not be a good lesson to observe as N does not behave at all well with supply teachers. I had called to enquire if she had re-arranged the observation but she said she had not been able to do this as there were no members of the inclusion team there to arrange it with. She told me that she had been informed that we had applied for an assessment and that she needed to have a report in for April 19th. She has only met N for 2 minutes at the last meeting, and school is now closed for two weeks, she informed me that she would not be able to observe N before the 19th as she would be off on the Monday 16th and only worked the first half of the week.

She asked what we were hoping to achieve for N and how things were. I was careful not to give too much away, saying that we wanted was what best for him but without an assessment it was difficult to know what that was. I said that I was just a Grandmother and was unaware of the services and resources available for N and was hoping that the professionals would be able to advise us. I informed her of his increased anxieties and lack of progress in mainstream, both with his behaviour and academic achievement. I told her about our concerns for his mental health if he stays in mainstream and that he was now being referred back to CAMHS. We were on the phone for about 20 minutes and she was asking me lots of questions.

Not sure how she is going to write a report for the panel. She has had no real contact with N, and the report needs to be in for April 19th. School does not reopen until April 16th and she is not at work that day. If she is going to liaise with the SENCO before she writes the report she will have to do it very quickly. How much weight is her report going to be given? Is she likely to take much notice of my conversation with her today? If we are turned down for an assessment will I have access to this report and will I be able to challenge it because she has not had any contact with N.

I have spent many hours getting my letter together to go with the form and what has really amazed me is when I looked at all his IEP's and review notes etc is how little progress he has made and how the system has really just contained him. Will be ready to send it all off soon and then it will be a case of waiting to hear from them. I am expecting them to say they won't assess him as apparently Notts are notorious for this, but I am prepared to give it all I've got if they do.

 

Teresa

[Sally44]

You have got your information ready to send, so when you feel okay about what you have included send it off.

Have you looked at the www.ace-ed.org.uk website for information?

 

After the telephone conversation with the EP I would write down exactly what was discussed and what she told you.

 

Include the fact that she has said that she has not seen your grandson, and is admitting that she will not be seeing him before 19th April, which is the date the LA has given as the time limit by which she must have submitted a report.

 

It is worth quoting the SEN Code of Practice to her that the whole point of the Statutory Assessment is to determine if a child needs a Statement. That that process is supposed to identify each and every need, and to quantify and specify provision for each of those needs in terms of hours and staffing arrangements. Ask how she intends to do that when she has stated that she will not be seeing your grandson individually in school.

 

Put in writing that you would like her to confirm that she will be going into your grandson's school to assess him, and ask her to carry out standardised assessments of his cognitive ability using both verbal and non-verbal assessments.

 

Send a copy of that letter to the local authority and then wait and see what happens.

 

I would also suggest that you phone and speak to the SALT that should have also been asked by the LA to assess. See what they say, and then again send them a letter similar to that of the EP. Again asking that she goes into school and assesses your grandson using standardised assessments of his receptive and expressive speech and language skills, emotional literacy and social communication skills. And again send a copy of that letter to the LA.

 

And IF that does not happen, and the LA turn around and refuse to assess, or say they have received advice from the EP or SALT and that they are not going to issue a Statement, then make sure you appeal.

 

The parents should receive a copy of any report or advice that any professional makes about their child. But, as it appears that they may try to issue some professional advice, without even meeting the child, I would also put in both letters that you wish to be provided with a copy of their report. If they don't provide it, there are ways of getting it later, so don't worry too much about it now.

 

And I also just wanted to add that the reason the EP did not assess on the other occasion [because it was a supply teacher and he would not react well to that], is actually a strong reason why she SHOULD have assessed on that day. It proves he does not cope well with change.

 

If they refuse to assess, or the LA say they have assessed and are not going to issue a Statement, they have to inform you their reasons why. When you appeal you would lodge your reasons to appeal that decision. That would include that no professional met with your grandson and carried out any formal or informal assessments. And that no report was produced or provided to parents. If there is a report they have to give you a copy of it. Otherwise the LA are going to look ridiculous to go to an appeal saying that they based their decision on what? They must have professional advice, and it must be on paper and to defend their case they would produce what they had.

 

Make sure you get referred back to CAHMS, to a specialist team for children on the spectrum so that their advice is also sought.

 

When you send in your letter requesting this assessment [i'm a bit confused as to how the EP already knew you had requested an assessment, when you haven't even sent it in yet?], name any other professional that has been involved with your grandson because the LA are supposed to get their views as well.

 

Basically, either the LA are going to do a good job, or a bad one. If they choose to do a bad job then nothing is really going to make them do it right. You will simply end up appealing, and the Tribunal Panel will Order them to assess.

 

The biggest problem with the current SEN process is that the SEND Panel cannot fine LA's for behaving in such a shoddy way.

 

Have you contacted www.network81.org or www.ipsea.org.uk for advice and support?

 

I still think you just move ahead with what you have, and send the letters as suggested above, so that you have written evidence that you spoke with both the EP and SALT and asked them to go into school and assess your grandson using standardised assessments, that you gave them a detailed account of how he is struggling in school etc and that the outcome was that they did nothing. That will not look good on the LA at any appeal. And due to his combination of complex needs I am sure the SEND Panel would just order the LA to assess.

 

What I am hoping is that by sending the abovementioned letters, it may make all involved aware that you know what they should be doing. And that might persuade them to assess. Don't hold your breath that they will produce good reports that do identify each and every need and do quantify and specify. I can almost guarantee they won't. So you will have to appeal at some point in the process about the finalised Statement.

 

Don't say anything about independent schools. Leave that for much later on in the process.

 

Include the IEP and other evidence you have that he has not met targets, or is not making progress, or the gap between him and his peers is widening. Include all the problems he is having in school with anxiety, and not coping and being excluded from lessons for a large proportion of time. Try to be as specific as you can about things eg. in a 4 week period N was excluded from lessons for a total of xx hours.

 

Start keeping a dairy [his mum should do it if N is with her each day before and after school]. It should include anything he says or does that demonstrates he is not coping in school, or has anxiety issues, or behavioural issues relating to any of his diagnoses. Note the date, time and verbatim what happens. This can be very important at Tribunal so that the Panel has been able to read through what daily life is like for N and his immediate family.

[Sally44]

Also what is the problem with the inclusion team.

 

I really doubt that no-one has been around for such a length of time - [from 5th February to 19th April there has not been one morning or afternoon free or anyone available within school for her to go in and observe or assess N?]

 

I would put that in the letter to the EP too because it shows how long it takes before anything happens.

 

You could even finish the letter to her with something like "I am very concerned that in the xx months since [date] when we again raised our concerns about N, you have not found any suitable time to go into his school to see or assess N. You told me that this was because there has been no-one available within school from the inclusion team or the SENCO to meet with you. By the time you manage to arrange a date when you can assess N [which you have confirmed you are unable to do as part of the Statutory Assessment] I am afraid that N may no longer be in school due to his high level of anxiety and mental health issues. This is certainly not meeting his SEN needs. N is a vulnerable child who is being failed by your department and by his school."

 

Then wait and see what happens. Remember to write notes after any phone call anyone makes to you [or to N's mother] and to send in a clarification letter to whoever it was that phoned. This stops professionals or the LA from denying having said things, because if it is in a letter, and they don't challenge it, it is taken as confirmation that that was what was discussed and agreed.

 

Also make sure that you and N's mother are singing from the same hymn sheet.

Edited April 3, 2012 by Sally44

[Sally44]

Also get receipts from the Post Office for letters you post and staple it to your copy of the letter. I know this all sounds very extreme and perfectionist, but it is surprising how many times the LA say that they just did not receive the letter. I don't know how much extra it costs for 'signed for' service, but if it is a very important letter or contents it might be worth considering that too.

 

Also print off and keep any email correspondence.

 

For our appeal I hand delivered the Tribunal Bundle to my LA and asked them to sign a receipt for it.

[Sally44]

The other reason that you need such meticulous records is so that you can prove what has been provided, or promised and never provided, over the years.

 

For example if a professional recommends that your child is referred to OT and then it never happens and then two years later another professional recommends the same thing and it never happens, and then another two years later your son is diagnosed with dyspraxia privately [by your own independent OT], that is evidence that the NHS OT has not been involved, eventhough their input was sought twice ie. your child's needs have not been identified and have not been met because the LA/school do not have any funding arrangement with the NHS OT service. And if you sought for more specific information, you would find that the NHS do not even fund sensory integration programmes [which is what an independent OT would recommend to meet a Sensory Processing Disorder diagnosis]. So that immediately demonstrates that the school cannot meet that need and so the LA would have to buy in a private OT to deliver that therapy, whereas your choice of independent school would already have OT's employed and suitably qualified to deliver sensory integration programmes.

 

Although a SEND Panel may Order that the LA bought in that OT provision into the current placement, that would depend on whether the child was attending that school [or refusing], and whether there were other SEN that the school/LA could not provide - typically SALT input. Some independent schools also buy in EP time and even have Clinical Psychology or CAHMS professionals that visit and give advice and training to teaching staff. There is no way that a mainstream secondary school can provide that level of therapy. And more importantly they cannot deliver it FLEXIBLY.

 

If an LA buys it in, it would mean a specific visit, for a specific time, on a specific day. If the child did not engage, they would see that professional again for another week. In a school placement where all these professionals are on site, they can schedule the child in again on the same day at another time, or on another day when the child is able to engage. And if the child is having a particularly bad day, all the staff will know [from the staff room and corridor conversations], and all professionals can up the support immediately for that day so that things do not spiral out of control.

 

In a mainstream schools referals can take months, or just not happen - as you know. That can result in a child not coping and ending up refusing to attend school.

[nysnanna]

Just heard today that they have turned down our request for a Statutory assessment - absolutely gutted although I should not have expected any different really. I'm so angry today that I think I need to calm down before I think about the next step, I put in so much work to include everything and they turned it down.

Today I have contacted the SEN strategic services and have had all the reports emailed across, the only information they have is from us and the school and a brief report from the EP who has only met our Grandson briefly. She said in that report that she felt an SA would clarify need.

I contacted EP today and asked her if she would be doing a standardised assessment of N and she said 'No, we don't work like that but I will be going into school to observe him in a lesson'. I am so upset, he has been on school action plus since the age of 5 and no one has ever assessed his needs. The school reported that they felt confident they could mange his behaviour with their behaviour management plan and that he was making some progress. His behaviour has always been challenging at school, but today I feel like if they say they can manage it then let them do so, why do I spend so much time speaking to him about his behaviour, reminding him every morning to keep calm and not shout out offensive remarks. I obviously don't need to bother because they clearly don't now feel that his behaviour is an issue, why should I. Sorry I know that's not the right attitude but I am just so upset and angry, our boy is having such a difficult time and not getting the education to which he is entitled and the school just want to deny that there are problems, even though he spends such a lot of time in the corridor, after being sent out because of his behaviour.

At school review a week ago it was agreed to reduce his timetable due to his anxiety and stress, now leaves at lunchtime 3 afternoons a week, he is obviously delighted with this but we are not sure if it is good or not.

I am about to write to EP to ask her in a letter about why she will not carry out standardised assessment, so that I can have her answer in writing - what should I be asking for?

Obviously once I have calmed down I will be thinking about an appeal, how should I go about this? What do I need to do?

Although money is very short, we are thinking about getting an independent E.P. assessment done, how do we go about finding someone to do this for us, when should we do it and any idea how much it is likely to cost?

I am going to ask the school for access to all his records etc, what should I be specifically asking for?

 

Only day one of my diet and i'm going to break it with wine and chocolate - feel in desperate need now.

 

 

Many thanks to all in advance

 

Teresa

[Sally44]

Most LAs refuse to assess. That is how they screen out alot of parents. Put in an appeal. I know how upsetting and frustrating this is. Like banging your head against a brick wall. But if you have evidence of SEN, a Tribunal will Order that the LA assesses. I know that your LA is like that because it was discussed at an NAS seminar I attended some years ago as many parents were experiencing the same thing. Even those with children who had classic autism!

 

The appeal process is quite straightforward. Contact them and say you want to appeal a refusal to assess for a Statement. They send you all the information you need [and a DVD as well I think that explains the process]. Then you are basically sending to them, the same information you sent to the LA as evidence that he needs to be assessed and to have a Statement.

 

You may even find that if you appeal they agree to assess just before the actual hearing date.

 

I cannot imagine how a child that is on a reduced timetable, due to his diagnosis, is also said to be coping [and the school coping], when the only solution they can come up with is to reduce his time in school. How is that coping. Maybe they would cope even better if he wasn't there!

 

Just get all evidence writing, including the amount and number of times he is excluded from class, and the reduced timetable.

 

Just write to the EP and ask her to assess your grandson using standardised assessments as she has a duty of care towards him as an educational psychologist. And say that you are appealing the decision, and that the school is not coping with him if the only solution they have is to reduce the amount of time he is in school.

 

Say that you are following the SEN process for him to receive a Statement and that the SEN Code of Practice states that every need should be identified, and that she needs to carry out standardised assessments to identify all his needs. Don't be surprised if she still does not do it. But at least your appeal can prove that you have asked her to assess and she has refused.

 

Remind her that as per the SEN Code of Practice parental concerns are supposed to be listened to, and that your grandson has been on SA+ since he was 5, and that you have repeatedly asked for him to be assessed and that has not been done. Say that he is at risk of refusing school and that he is vulnerable.

 

Then if he does end up not coping and refuses school that is just additional evidence in your favour.

 

But do appeal. I know this is a very low point for you all, but that is just how the system is. But once you get to the actual Tribunal it will be different.

Edited May 1, 2012 by Sally44

[nysnanna]

I've just been reading through some information about SA and appeals, been up all night and now going to try and remain focussed at

work, and it appears that we will not have much chance of winning any appeal, after review in February when I asked about applying for an assessment the school decided that they would make a request for the Autism Team to become involved following the summer term springboard meeting. This meeting is not until June 4th and apparently because the school has not yet tried all of its resources a tribunal would turn down our appeal.

I'm so upset because clearly that team are unlikely to start any work with him until mid to late June, how long should we wait to see if their input makes any difference to our boy and all the time he is struggling.

Not sure I can face putting any more effort into this, the system is clearly designed to stop children getting any meaningful education and to destroy the rest of the family at the same time.

I'm no longer prepared to work with the school, let them manage his behaviour themselves. If he doesn't want to go to school we will no longer send him. Why should he and us struggle when they just do not care.

[Sally44]

Back in 2008 my own LA EP refused to assess my son on the grounds that "it would not tell her anything she did not already know". But we had nothing in writing about what his needs were.

 

And look where we are now. It has been a hard slog, but he is now in an independent ASD specific school. So that is how severe his needs were.

 

If you are thinking of an independent EP's assessment, you would submit that just before the final submissions date to send evidence to SEND.

 

What are you hoping to achieve with the Statement - a different school? You have to think what the eventual aim is to decide when is the best time to pay for any independent reports. If you don't need them now, use it later, because once the LA have been Ordered to assess, they will still produce a Statement that is pants, and which you will probably need to appeal again. So you are in this for the long haul, and if you are seeking an independent ASD school, you need independent reports for that Appeal about the Statement and placement.

 

So you could get an EP report now, but you would probably need to get another one about a year later as part of your appeal about the finalised Statement.

[Sally44]

I would still appeal. It gives you experience, and it concentrates the minds of those within the LA to do their job.

 

Even if an appeal is turned down because the LA/school has not done all they should, that then means they have to now do all that they could and should have done otherwise you can appeal again with evidence that they have not done it.

 

That is why it is so important at every step of the way that you learn about the SEN process and follow it to the letter. Because if you had known some years ago what you know now, you could be so much further forward in the process.

 

And I would still appeal because your argument is going to be that he needs so much more than that service could offer.

 

You can write to the Autism Team and find out exactly who they are eg. number of people, their qualifications, how many children they are working with etc. When I did that I found it was one lady with no additional qualifications, hardly something to get excited about. There was no way that their service could meet my son's needs.

 

Find out what their input would be in terms of hours in school, training of school staff, etc.

 

Their involvement may help, but I suspect it is just a name with no substance behind it.

 

And don't expect the school to say anything other than "we can meet his needs", they have to say that because by law they have to prove they have a policy of inclusion. But you can prove that he is not being included, when he is effectively excluded by them deciding to reduce his timetable. Has there been anything else additional suggested/provided to meet his needs other than reducing the amount of time he is in school.

 

Are you seeing Clinical Psychology and/or CAHMS?

[Sally44]

Give yourself a couple of days to calm down.

 

Go and have a good scream and cry somewhere.

 

Then send in your appeal. Otherwise they will have won.

 

Are school at all supportive when you speak with them? If they are having a meeting with the SENCO and tell them that when they say "they can manage" that does not mean that your grandson can manage. He obviously isn't. And that by saying that they have sent the message to the LA that he does not need a Statement.

 

Ask the SENCO how many hours of funding they are using to support him and ask them if that is their limit. Because you need to know that the school is doing all that they can. So ask them and get them to put it in writing too. Then they cannot turn round and say they could do more, if they have already put in writing that they are doing everything that they can and are using xx hours of delegated funding to meet his needs.