Are the reports actually RELEVANT ? ? ?

[asdinit]

Statutory assessment is to assess a child's needs in an educational environment right? So why is it that the reports the LA request are all based on the child's assessment carried out in a clinical environment and not an educational environment - surely they should be carried out at school to get a true reflection of needs?

[Sally44]

Who has assessed him?

 

Is there other evidence or reports that the LA have not used?

 

Did the LA EP assess him in school?

 

And the NHS SALT - where did they assess?

 

They don't HAVE to be held in an educational environment. Assessments - proper standardised ones - can identify strengths and weaknesses that obviously demonstrate how they would impact on other environments.

 

Eg. unable to maintain concentration or focus during aspects of a 1:1 assessment demonstrates that that distractability is going to make whole class learning very difficult/impossible. It is common sense to come to that conclusion. And the fact that he is not included in whole class learning proves that the school already know that.

 

Look at the words used eg. needs "constant support", that means all the time.

 

If the speech therapist says that he cannot formulate a sentence, that will affect his speech and also his literacy because he won't be able to formulate sentences for language, or for writing essays or answering questions on paper. If he cannot pay attention, and he cannot formulate spoken or written language, he is going to need an environment where he can focus; that is not distracting [low arousal], and where his difficulties formulating sentences and written work will be supported in class [quantified and specified again in terms of hours and staffing provision], and for him to receive a quantified amount of therapy from a suitably qualified professional for that difficulty/need.

 

If you think evidence has not been included, you can include that as part of your appeal.

 

My LA cherry picked the reports and evidence they wanted to use, and did not even consider any independent reports or correspondence submitted by myself.

 

I can't remember where it says this, [maybe SEN Code of Practice], but it states that "where there is a difference of opinion, the LA will resolve those differences and give an explanation of why they have chosen that particular advice over another."

 

So basically, if the NHS SALT and an independent SALT [or the school or parents or any other professional] give contradictory advice, the LA is supposed to include both sets of information as part of the Statutory Assessment process, and are supposed to liaise with those giving the difference of opinion/advice, and are supposed to come to a conclusion, and explain how they came to that conclusion. They cannot just refuse to admit evidence. You can admit anything you want as evidence. We asked for clarification from a judge on that very issue, because the LA refused to include my evidence. The Judge found in my favour that ALL evidence should be included for consideration.

 

If you don't like the outcome of the conclusions drawn by the LA - that is why you are appealing. That is why you have your documentary evidence, maybe independent reports, and expert witnesses. To prove your case.

Edited April 29, 2012 by Sally44

[bed32]

Surely there was an observation in school by an Ed Psych? And a report from the school itself?

 

In our case the "clinical" assessments are probably more important than those in school because they can throw light onto the cause of the problem, rather than the symptoms.

 

If you just observed our son in school you would say he has a behaviour problem - it is the clinical assessments that show that this is just a symptom of his ASD needs not being met. Interventions aimed purely at managing his behaviour will fail if they don't take into account the underlying issues (anxiety, stress and sensory problems).

[asdinit]

Thanks guys. You're right, they haven't or at least don't seem to have taken any of our advice as his parents into account at all! With regard to the other reports he had...... EP at school - pretty much OK with that one, SALT in the clinic - panel didn't even get to see it as it arrived 2 days after the panel considered his case, OT at the hospital - that was requested by the Paed and wasn't even SA specific (mentioned that already in another post), Medical done at hospital - wouldn't expect that anywhere else TBH and the school report which had bits missing and was really wishy washy completed by a new senco who had never done one before.

[Sally44]

I think i've already said this before in one of your other posts, but you can phone and speak with each professional, and then send in a letter of what was discussed. You can remind then that as per the SEN Code of Practice, the Statutory Assessment towards a Statement is supposed to identify EACH AND EVERY NEED and, by law, must quantify and specify provision in terms of hours of support and staffing arrangements, including professional therapy input - as detailed in the code of practice. You can ask them specific questions eg. "you have said that my son has motor planning/coordination difficulties, isn't that Dyspraxia? And ALWAYS give them a timescale within which to respond eg. please respond within 14 days.

 

But if they aren't going to, they aren't going to, and they know what they are doing and why.

 

You can ask them to attend the Tribunal as your expert witnesses, so that the Panel can ask them specific questions. That may or may not work in your favour because they may say that they don't think your child needs 1:1 therapy etc. BUT you can only do as much as you can now, and if it does not work, or does not produce progress then that is your evidence in one or two years time that he needs more.

 

If you have the money lying around [ha, ha, ha], then you can get independent reports now, and pay for those professionals to attend as expert witnesses, but you are looking at at least £10,000 to do that. AND if you get a high level of provision in the Statement, at the next Annual Review the school/LA/NHS will try to reduce the amount of provision, stating there has been progress [when that may not even be the case.]

 

Tribunals are expensive. It is hard to prove needs and provision when no-one will put anything in writing. Just try to pin them down, in writing, as much as you can.

[Sally44]

This is a link to a document by the College of Speech and Language Therapists about Best Practice when writing reports for SEND Tribunals, and attending them. Have a look at it. It gives very specific advise about what the SALT should assess and should detail provision to meet needs. It also says that the therapist should detail provision to meet need and not the resources within the SALT department or their budget. I printed it off and sent a copy to the NHS SALT, and I included it in my evidence for the Appeal.

 

http://www.bing.com/search?q=SHARING+BEST+PRACTICEIN+THE+SEND+PROCESS%3AFor+Families%2C+Speech+%26+Language+Therapists%2C+Local+Authorities+%26+The+Special+Educational+Needs+And+Disability+Tribunal%28First%E2%80%93tier+Tribunal-Special+Educational+Needs+and+Disability%29&src=IE-SearchBox&FORM=IE8SRC