LA Meeting after Proposed Statement Issued

[asdinit]

Well, an update on the shinanigans of the past week.......

 

Meeting with the LA was so so - we managed to get a few bits of wording changed such as "can become" to "becomes" and "may have more" to "has more" so a bit more specific on that part but to be honest, there was not a great deal of movement. In fact the LA said that basicly the statement had been written and that's that! However, I was very much aware of the fact that I was speaking about ALL the reports and the LA kept bringing me back to the reports that were AVAILABLE at the time the panel looked at the case - it was almost as if there was an unspoken message of 'yes I realise that but I can't do anything right now but this is how you can do it'. So with that taken into account we may progress - I'm hopeful but cautious at the same time.

 

LA said we need to write a letter including quotes from the reports stating why M should be in specialised school which is what I'm doing right now. LA said that when they receive that letter they 'may' agree to putting our requested school in Part 4 dependent on what the report quotes are. Well, in a nutshell, the SALT report wasn't seen by the panel and I think if they had seen it, the outcome may have been different..........

 

M will require the following in order that he can develop his social communication skills, and achieve to his potential in his education.

A learning environment that provides staff who have relevant and specialist knowledge of working with children with social communication and interaction difficulties

A learning environment that provides small group, 1:1, and whole class teaching

A learning environment that provides opportunities to implement various language and communication strategies across a range of learning activities

Specific partnership working with the home setting and school staff to devise and implement strategies

Regular and consistent small group work

An exit strategy to be put in place so that M can leave situations which he finds difficult

M will require a programme devised by a speech and language therapist and a teacher or teaching assistant from his school. These aims must be jointly devised so that the school and speech and language therapy service both know what he is working towards. In the first instance, Matthew will require support, and this will need to be trialled and reviewed within 6 weeks from the start of the intervention.

 

In addition to that, the Paed said (which was seen by panel but seems to have been ignored).......

 

The environment he is in has a huge impact on M’s ability to function. He has very marked sensitivity to noise, crowds, bright lights and the dark and finds it extremely difficult to function in busy environments such as a normal school classroom.

As M’s functioning is so influenced by his environment, account must be taken of this when deciding appropriate placement. Extreme sensitivity to noise, crowds etc as mentioned above will affect his learning. Account also needs to be taken of his difficulty with social communication and interaction and also ADHD symptoms.

 

There were also some comments made by the EP but they weren't as specific as the SALT and Paed. I did ring the EP but although she was very helpful on the phone, what she put in writing was still wishy washy.

 

Anyway, the LA said that when they get our letter they will finalise the statement BUT before we send our letter, we are advised to look at xxx school which caters for ASD children with behaviour difficulties! Now why would they say that I wonder! It seems the way we will be going is to state our preferred school in Part 4, LA will prob find an excuse not to do it or may agree but we'll still need to appeal because Part 2 and Part 3 are still not specific enough and nothing is quantified in terms of time allocation. LA did also say that the additional paperwork they now have about M including the bits about the CAMHS, threat to kill himself, further EP discussions (an email was sent out to school from the EP advising short term measures to help M's anxiety) and obviously SALT will be put back to panel but that won't be until late June as the agenda's have already been done for the next two meetings. What will happen when it goes back to panel after the statement is finalised I'm not sure - I'm assuming an amendment to the statement will be issued? The LA deadline for finalising is end of May BTW. Maybe it could be down to the panel decision stating that "Amendment to the Statement will need to be considered on receipt of additional reports referred to above" - one being SALT and the other being ASD Outreach; why the latter wasn't included in the first place is beyond me!

 

When we asked why nothing was quantified even though 20 hours had been allocated the LA gave us some long explanatory waffle about keeping things flexible for M and that it has to be spread out; eg M may have someone explain something to him for 3 mins and then leave him to do it and come back for another 3 mins so that would equate to 6 mins and that couldn't really be put in the statement (eh?). We did say that we were concerned that the full support couldn't be provided for M in the hours allocated especially when SALT was taken into account and was told that panel had said that they were "of the opinion that support in the region of 15-20 hours LSA support would be appropriate to meet the current identified needs" so as they had decided on 20 hours it should be enough - surely though, if panel had seen SALT which clearly states M needs a program put in place this will eat up some of the hours or is this down to one of those 'hasn't been quantified' things? Also, LA said that the only way they could increase the hours was if school wrote to them and said that 20 hours is not enough - well in MS it's not enough but in specialised it may well be so not really sure whether to do anything with that at the moment or not. It may be one for the appeal if M isn't given the specialised school as we will be asking for in Part 4.

 

We're going to see the school LA told us about verbally on Tues next week and I'm hoping that then we can send in our letter with the additional information - the only other thing I'm waiting for is M's school records as I really want to send the incident reports in too to back up the behaviour needs side of things for him.

 

M did have ASD observation done yesterday too in the morning - his TA told us he was fine in the morning but by the afternoon it was obviously too much for him as he kept zoning out and a couple of time shut down entirely.........###### typical, why couldn't he have done that in the morning when the ob was being done ! ! !

[bed32]

Asdinit

 

Your case sounds very close to ours - although our M (same name too) is Yr 4 he has very similar problems, and we should have been doing this 6-12 months ago had the school been more on the ball.

 

In our case the inclusion officer has already agreed to put the case back in front of the panel in a couple of weeks time - making a stronger case for full time support - so in our case at least there is a chance to get significant changes to the provision on the draft statement before finalisation. If in your LA won't do that then talking them is a waste of time and you might as well get the statement finalised and go straight to appeal!

 

As we only have just over 2 years left in primary we are a little reluctant to move M now - so trying to get the provision in Mainstream but the LA was pretty definite that it is very difficult to get that level of work on SALT, OT that he needs in Mainstream - but also that there are no better options available in borough.

 

Do you actually have a special school in mind? I would be interested to know which you have considered

[Sally44]

These quotes are not specific at all. "Opportunities" etc should not be used. You must be able to see straight away from the Staement who is going to be doing what and for how long on each day and throughout the day. You need it detailed on her daily timetable eg. 9.00-9.20am Daily practice of SALT targets 1:1 with TA. Thursday 9.00-9.40 Weekly 1:1 SALT session for 40 mins with TA observing.

 

Every mainstream school uses 1:1, small group and whole class teaching.

 

What is important is that the Paediatrician disagrees. His Statement is much more direct and is saying mainstream is not appropriate. Afterall he would find it Extremely Difficult to function in a mainstream class size.

 

Don't spend too much time negotiating with the LA. If they don't amend it all now, just appeal. They can continue to amend up until the Tribunal hearing actually begins. You don't need to delay the finalising of the Statement or lodging the Appeal.

 

What happens if they don't have a Panel meeting until after the Statement is finalised? Not your problem. Your appeal is lodged. They can amend it whenever they want to. Negotiation continues right up to and throughout the actual Hearing.

 

Look what flexibility says in case law on the ipsea website. It is supposed to be for the benefit OF THE CHILD not the system [ie. the school]. If he cannot cope in a mainstream class, he needs that specified, and he needs a placement that can deliver it and that can deliver the therapy flexibly across the week eg. if he needs 3 hours a week OT 1:1, the OT can deliver that when he is able to engage and that might be on Monday am, or pm or Wednesday, or Thursday etc. That is what flexibility for the child means. It does not mean NOT specifying so that the school can try to deliver something, but nobody knows what, how much or when so that you cannot complain it isn't being delivered!

 

He also needs an OT assessment, that is plain. Has the Paediatrician referred you? If not ask them to.

[asdinit]

He also needs an OT assessment, that is plain. Has the Paediatrician referred you? If not ask them to.

 

Yes he has seen OT but not for SA - it was done on the Paed referral due to hypermobility and a very small amount of the OT report has been included. I'm looking into getting a sensory integration profile done on him ready for the appeal and also to help us help him at home especially as it looks likely that he also has dyspraxia.

 

 

Do you actually have a special school in mind? I would be interested to know which you have considered

 

Well, we initially looked at a unit with MS integration but on reflection and as Sally44 pointed out M (that's a coincidence LOL) has never got on in MS - isn't it amazing how sometimes you miss the obvious! So, with that enlightenment we started to look towards specialist ASD schools although realised there would be a huge fight to get M into there. Then, when we saw LA they said about an ASD unit at a specialist behaviour school. M's ADHD is severe although his primary need has been identified by the panel as ASD - ASD unit at MS school will integrate into MS whereas ASD unit at specialist behaviour school will integrate into specialist behaviour school which really would suit M so well as it would address both issues at the same time and he'd get SALT and OT there too (which will be one of my arguments if we go to appeal on cost basis amongst other things).

 

Finally.......I couldn't believe this.......as I said above LA wouldn't increase the hours of provision without the school asking for it. So I rang M's school and they told me that they had spoken to LA but couldn't remember when and had asked for a minimum of 25 hours plus additional if possible

[Sally44]

But the Paediatrician has said mainstream is not appropriate.

[asdinit]

But the Paediatrician has said mainstream is not appropriate.

All the more reason that now we've found out about the specialist school we're hoping for M to go there - the one we're considering now hadn't entered the equation before because as far as we knew, it was JUST specialist behaviour and didn't have the ASD facility. Fingers crossed, that's where M will go.

[Sally44]

IF you end up going to Tribunal [which is likely], do you know that you can ask the Paediatrician to attend as an expert witness. You just name your witnesses on the witness form sent by SEND. Ask the Paediatrician if they will attend so that the Panel can ask them questions about your son's needs and the type and level of provision and educational placement he would need to cope and learn and receive the therapeutic input he needs.

 

IF the Paediatrician refuses, or says they are not available, you can send in a Request for Changes Form and ask the Judge to Supena the Paediatrician, so that they must attend. You have to decide IF they are going to be useful, or could say something really unhelpful to your case.

 

The Tribunal will be very interested in this difference of opinion, especially as the LA have not resolved this. The LA are supposed to gather and look at ALL evidence and resolve any differences of opinion. But don't inform the LA. You have to leave them to make a really bad job of it because that demonstrates even more the need for the parental choice of placement.

 

The first time I went to a Tribunal I tried to get everything right, and prompted the LA all along the way. The second time I prepared my case ONLY and let them try to put together their own case. I did not remind them of anything and they made alot of mistakes.

 

So don't ask for multi team meetings, etc. If no-one sees the need to hold a meeting about your son, then don't push it. I know that you have asked them to consider reports that were not available at the time of the assessment. Do you have that in writing. Do you have their response. Don't ask them again. Just leave them to ignore those reports because it looks very bad on the LA IF they have not looked at and considered those other reports.

 

They are getting you to do the running around. They have access to the same reports as you do. And it is even better to keep them on a back foot and not give them information too early. If you definately are going to appeal, why forewarn them of everything?

 

My appeal said that Part 2 did not itemise all my sons needs, and that part 3 did not quantify and specify for needs they had included, and did not quantify or specify for those needs they had not even included. I said the wording of the Statement was vague and ambiguous to such a degree that I had been unable to use Judicial Review.

 

That was as much as I put to lodge the appeal. Then you have months to go over the reports, and you have a deadline within which to submit your Case Statement and Working Document, [the WD is all the things you want amending to the Statement in part 2 and 3, and you annotate your copy [not the LA's]. You annotate it so that you can find every thing you refer to. You don't annotate the LA's copy because you want them to have to look for where you have got the quotes from.

 

I delivered the WD to the LA/SEND in the afternoon of the last day before the deadline. Not intentially actually. Just so much work. But sending it in like that did help our case.

 

Remember that LAs do have and use solicitor/legal departments. So don't hand them your arguments on a plate with all the annotations because that allows them months to go over your case and find any small aspect or angle that they can argue over.

 

I then amended the Appeal to include the placement about a month before the actual Tribunal Date.

 

We submitted a totally re-written, simplified version of the Working Document on the day of the Actual Tribunal and asked the Panel to allow it. This was VERY risky because they could have not allowed it. But because we had simplied it by halving the contents, and annotating everything for their convenience, they were more than happy to accept it. The LA objected and were overruled. That meant the LA were struggling because they were not familiar with the Working Document.

 

Remember that there are many things that both you and the LA can do to make things difficult. Forget about everyone working for your child's best interests. The LA will do anything they can to stop them having to pay any additional money towards your child, and you must wake up and smell the coffee. You have to be very focused because it is that mentality that comes across at the Tribunal, that you know that your parental choice of school is the ONLY one that can meet needs. Any doubt in the documents or on the day will be picked up by SEND, and the LA will play on any indecision you have shown, or anything you have agreed to previously.

 

So don't delay the Appeal. If you leave it much longer you will miss the beginning of the next school year, that may mean all places at your parental choice have been allocated elsewhere. If they do have a place available for him you need that in writing. He needs to have visited that place and they need to say it is reserved for him for the next 6 months.