Who in LA is reponsible for the decisions about a statement?

[nicadh]

Is it the named case officer who makes the final decision or the "panel"? I'm questioning based on something I read on another forum that suggested the case officer makes the decisions, but in that case what does the panel do? Can anyone point to relevant points in documents that confirm who should do what?

 

Thanks

[Sally44]

It maybe different from LA to LA. In ours they do have panels that meet to discuss funding, but the wording of the Statement is down to the Inclusion Officer handling that particular Statement.

 

In 2009 the Inclusion Officer went against the advice of the LA EP and Autism Advisory Teacher [we found that out later via freedom of information act searches]. So they don't 'have' to listen to anyone apparently! But when we went to Tribunal this looked very bad on them because obviously the relevent professionals' advice should have been listened to and acted on. And that is what a SEND Tribunal Panel would follow - not an Inclusion Officer who is not even medicially or professionally trained.

[nicadh]

Thanks again Sally! Another question you might be able to help with... Is there any legislation/code of practice that you can point me to that I can use to argue against the school being involved with the decision in how much provision will be given for DD in her statement. (Currently proposed statement says DD will be given access to _____hrs per week etc. Then a note in the proposed statement that they will talk with her current school and the junior school she will transfer to in September about the amount of provision to be listed here. I haven't actually named a school for part 4 yet anyway so that is a big assumption on their part I think!!).

[Sally44]

No, they are doing it the wrong way round.

 

Read through the SEN Code of Practice. It says each and every need must be identified, and then provision must be quantified and specified to meet those needs in terms of hours of support and staffing arrangements.

 

So it is not about what the school can provide. It is about what the child needs, and anything over and above what the school can provide has to be funded by the LA.

 

So the relevent professional [EP, SALT, OT etc should quantify that]. That may involve them speaking with the inclusion officer and the inclusion officer will speak with the school. Then the Inclusion Officer will put whatever figure he thinks covers it.

 

If you don't agree you appeal.

 

I know it is very difficult if you cannot get the EP, SALT and OT to tell you - but often they dont, for the very reason that the parent then wants it in the Statement. But that is what a Statement is about!!

 

Sometimes you have to read inbetween the lines of reports. For example, if the school or a professional says that a child needs constant prompting to stay on task, and then details 20 hours a week support - how will that work. She will have support for those 20 hours, and the remainder?? Will she be allowed to be distracted, off topic, wandering around, not understanding what she should be doing? And especially important is support during breaktimes and dinnertimes. That needs to be in the Statement too.

 

Whatever figure the LA comes up with, ask the school to send you a copy of her daily timetable detailing all the provision and support her Statement provides in terms of hours and staffing arrangements. Ask them to detail what is provided under delegated funding, and what would need additional funding from the LA. Then you will see where they intend to use those 20 hours. And you will also see where the gaps are. Get them to be specific, then it gives you more information on what you would appeal about.

 

Remember that those 20 hours do not include professional therapy. So write to the SALT and ask them how much 1:1 SALT delivered by a qualified speech therapist do they recommend your child receives per term.

Remember they do know what they are doing and are banking on you not knowing.

 

Ask the SALT about a social communication group and how she would set it up and deliver it. She might write back saying she won't and that it will be down to the school. But if assessments show she has severe needs in this area, then you can appeal saying that the school are not suitably qualified to put together and deliver such a programme, that there is not a suitable peer group to use in this programme, and that the SALT should devise it and deliver it.

 

Depending on what evidence you have you may or may not be successful. But you if you don't pin them down to be specific about what the Statement provides, and you don't ask professionals how much 1:1 therapy they will personally deliver, it won't happen anyway.

 

You need to have a copy of the SEN Code of Practice. You need to read it and highlight relevent sections, and you need to take it with you to meetings with school and the LA so that they see you know what you are talking about. It really does help. You need to read through ALL section 7 and 8 [pages 74-134]. You need to read it yourself to see how it applies to your child and her needs and you need to highlight those sections.

 

Although I could go through it and detail each section and paragraph, you have to learn it and quote it with confidence knowing what it says and what it means. It is only 60 pages, and only parts of those 60 pages that are relevent to your case. So not alot to work through. But reading and understanding it will help you understand how what the LA are doing is going about it the wrong way.

Edited May 1, 2012 by Sally44

[nicadh]

Thank you Sally. I knew I wasn't talking rubbish this morning (had a team around the child meeting at school) but hard when faced with a room full of people who all seem to be talking at odds with me. I will keep plodding on at this and we will get what she needs here even if we have to fight over it at tribunal.

[Sally44]

That is why it helps to have the SEN Code of Practice with you, highlighted etc. Then you can refer to it if you need to. So it helps to read it through yourself so you know exactly where it says these things.

[Sally44]

I know what it is like having a room full of people sat facing you.

 

Have you involved the Parent Partnership at all? I've heard various reports on how good they are. Mine were okay - not brilliant, but they were supportive at meetings and could take notes which all helped. You can also talk issues through with them, and they can talk to people within the LA on your behalf.

[nicadh]

I haven't been involved with them (PP) though aware of them. I am perhaps wrongly? suspicious of them and which side they are working for! Meeting the head teacher again tomorrow on her own so will help not having the LA EP breathing down my neck and I know the info won't be relayed straight to the LA either. Hopefully will get a better understanding from her about things on her own as usually she is very supportive and the one person I have been able to rely on in all of this so far. Fingers crossed.

[Sally44]

Try to get whatever is discussed on paper, even if that means you sending in a letter afterwards.

 

School are under alot of pressure to say they can meet the child's needs because of the policy of inclusion.

 

I found that I was often told something completely different in a face to face meeting with a member of school staff because they do know if that school is the right place for them or not. But at a Tribunal the LA often brings the Head or Deputy Head along for them to confirm that they can meet the child's needs [even if they have said to your face that they cannot].

 

I did use the PP and they were better than nothing. I just did not tell them what I was hoping to achieve. They can take notes of meetings and in my case I was repeatedly finding myself in a position where I was told one thing, and then those very people denied having said that to me at meetings. So I needed another person who could confirm what was said.

[Sally44]

You need to ask how much funding the school receives per pupil - ie. what is the most support they can provide in terms of hours.

 

You need to ask what is the highest level of staffing support they can provide ie. how much 1:1 or small group work throughout the week and who would provide that [usually TAs].

 

You need to ask about social communication group. Do they have one. How would they set one up.

 

You need to ask about strategies to support your child during break and dinnertimes such as "circle of friends". And whether they provide/could provide any dinnertime clubs.

 

You need to know what KS he is working at in all subjects [to see if there is a specific learning difficulty there] and what progress your child has made since September and whether the gap between him and his peers is increasing.

 

You need to know what the school budget is for SALT and EP input.

 

Do you have a different placement in mind?

 

If you do you need to ask the current school how many children with ASD are on the role.

 

What additional qualifications for teaching children with autism do the teaching staff have. [and include any diagnosis/difficulty he has ie. what qualifications for a child with dyslexia, Sensory Processing Disorder etc]

 

And what mainstream schools they feed into.

 

And you need the Head to read through the Statement to confirm if they can provide what it contains [however I believe it does not contain specifics at this time].

 

Ask if it is her opinion that your child needs constant support. If so how would that be delivered. If that misses out some aspects of the day, ask how is he expected to cope during those times?

 

Finally ask her if she thinks this school is the right placement for your child.

Edited May 2, 2012 by Sally44

[nicadh]

Thank you Sally - Will take a note of things with me to talk about! Could be a long meeting!