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julieann

Can you get your statement back two years after it's been taken away?

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I supported a student who was statemented up until Yr 10. Her statement was ended and changed for a CAF form because she had got 7's in all 3 of her SAT's. Her parents were told that she would be better with a CAF form and school action+ although once her statement finished she didn't recive any further support from the school.

 

Having supported this student for 4 years I new that her main difficulties were organisational skills and time issues. I tried to put a case forward for her to keep her statement but the school weren't interested.The family had additional social issues and the school thought a CAF form would help them be rehoused.

 

I no longer work at the school. I work at the regional college.

 

This student is now 18yrs and has had to stay on at school to retake her 3 science exams.

She has contacted me and asked if I can help her get her statement back because from september 2011 the regional colleges in this area only give support to statemented students.

The family are on a low income and she says her parents can't afford to pay to get her statemented privately.

 

I'm not really sure what advise to give her. She had been statemented since she was 2 1/2 yrs old. I thought that perhaps the CAB would be a place to start.

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The organisations that can help are www.nas.org.uk, www.ipsea.org.uk, www.ace-ed.org.uk and www.network81.org

 

These are all websites with information and helplines.

 

You/she also needs to read through the SEN Code of Practice, which you can download from the top of this Educational forum. That explains about the stages of SEN and what would trigger an increase in support.

 

The main point is that she still has needs [organisational, time management]. That it was a mistake to stop her Statement. That as a result of it you can prove that she performing less well than expected, or did not continue to make progress etc also helps.

 

You can go through all reports and correspondence relating to this pupils. You need to be able to highlight anything that indicates a need eg. school report "xxxx finds it hard to organise herself", proves organisational difficulties, so that would go in part 2 of the Statement, and you would then need to quantify and specify how that need would be met. If that is in reports [however old, but the most recent are the most useful],

 

However asking for an assessment for a Statement means that the LA must seek professional advice. A Statement covers a child until they finish secondary education, which she is still at, so she can still seek one. And IF the criteria for the local college is only to support students with Statements, then that is further evidence that she needs an up to date Statement to receive the support and help she needs in college so that she does make progress and reach her potential.

 

So asking the LA for an assessment for a Statement would cause them to seek advice. Is anyone involved with her at the moment? How are her organisation skills being supported. Does she have a wider specific learning difficulty [which these types of issues, and things like short term and working memory, dyslexia, sequencing, time management are all classed as SpLD].

 

I don't think CAB will be able to help themselves, but they may know of someone, or an organisation that can. I've listed those above that can give help and advice.

 

The LA may refuse to assess, so it may be useful to include in the reasons for seeking a Statement that xxxxx will require significant support to be successful at college and that she is a vulnerable child.

 

You don't HAVE to have all independent reports. It does help, but many cannot afford them.

 

In those cases you put your case as best you can, and you go with as much evidence as you can. You can ask for expert witnesses to attend if you think they will be helpful to your case - so don't invite anyone who is going to say "everything is fine and we have no concerns at all" - is that still what school are saying?

 

When/if she is assessed again by an educational psychologist, you want to put it in writing to them that she wants to be assessed using standardised assessments that will assess her literacy and numeracy, her executive functions, short term and working memory, ability to sequence information, time management and organisational skills under executive functions.

 

Is there a possibility of dyspraxia? Or Sensory processing Disorder?

 

Might she need work presented in a certain way eg. on paper rather than having to take notes during lectures or classes. So think about very practical ways that needs can be supported.

 

She may also benefit from access to an adult within the college that can help her organise her daily lessons, and also project/topic work. They may assist her to ensure she understands what is expected of her, help with planning it and sequencing things and organising and time management so that it is handed in on time.

 

If she has a good understanding of what she struggles with, it would help for you both to sit down and discuss what those things are, what might be the cause of them, and what may be helpful.

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Thank-you Sally 44 for your reply,

 

I am a SEN support worker. I have knowledge of the SEN Code of Practise and I studied for 1 year with Birmingham University to gain my certificate of ASD's. My son 22yrs has HFA.

 

My concerns are that when my students parents were told and believed our newly appointed SENCO that their daughter had grown out of her ASD I was so incensed that I took out a grievance procedure against the SENCO and the head who backed her up. In hindsite perhaps not my best course of action.

 

The outcome was that my student still lost her statement and I lost my job.

 

The heads official version being:

"Thank-you for all that you have done but the school no longer need a SEN Support Assistant because we aren't having any statemented pupil's anymore".

 

I feel that if I get involved the school will say that it's just sour grapes because I lost my job. I don't have access to any of the schools statements or paperwork on her anymore. As it is school policy not to give support after Yr 11 I'm not sure if the school will have saved her old paperwork.

 

As I recall my students statement was very hit and miss. It hadn't been re accessed since she first started primary school. It hinted at aspects of autism and giving support as though she had an ASD. She also had dyspraxia which isn't visible in her walk but she finds handwriting very difficult and all aspects of PE were a challenge. She was supposed to have 10 hrs weekly support with me but because I had another student in the same class with more severe needs she rarely got 4 hrs with me.

 

Student X did speak to me in Yr 11 after asking for help from the schools SENCO because she was worried about teachers commenting on her poor handwriting and not hearing anything for over 4 weeks The only help she was offered was a laptop which she says takes longer than writing because of the pain in her fingers. She grips her pen and her knuckles go white when writing.She also has back pain when sitting on a chair too long.

 

I always felt that I had let student X down as I knew that KS4 and onwards would be when she would need the most support.

As she is now an adult and has always been more mature than her peers you've got me thinking I could at least put together a case for her.

 

Julieann.

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Is she is staying on at school from next September for a year, or is she in that extra year now. If the later it is a bit late to think of a statement, even if she has a year+ to go it would seem a bit late in the day.

 

I take it that what is being said is that the colleges only give SENs support to student who were previously in receipt of a statement of Special Educational Need. You (She) may be able to challenge this.

Edited by chris54

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Hi Chris 54,

 

Unfortunately she is already in Yr12 and is doing retakes which I believe are in the third week of this month. She thinks that she will have to stay for Yr 13 as well because she has already missed the deadline for applying for FE places.

 

This new directive at the colleges seems to be because we were getting so many students needing SEN support and the college can only claim funding back if they are statemented.I think there getting ready for when compulsory education goes up to 18. At the moment school age students can be sent back to school if their behaviour is unacceptable.

 

As the colleges take students from Yr 10 upwards we often needed 2 + 3 supports in one class at a time. I was put in an IT class last year solely to be a second pair of eyes for the tutor so that when fights broke out one of us could go and get help whilst the other one stayed with the class. The schools are hanging on to the students who will boost the league tables and the ones that won't are being sent to college.

 

Julie

Edited by julieann

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As the compulsory age for being in some form of education goes up to 18 over the next few years, It will be interesting if school are made to provide places for all these children.

If they are in employment the actual requirement is that they will have to do the minimum of the equivalent of 1 days study a week. If not in employment one assumes they will have to do full time education and how much are the reluctant students amongst them realy going to get out of it.

 

There realy needs to be a bit of joined up thinking about this.

 

Don't realy have any answers to the OP.

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oh do u need a sen statement to help her get extra time in exams or something usually they take some document that says she has disabilities. i took everything to my adult education class every report including my sen statement

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I think the best place to get advice first is from IPSEA. They will know what the LAW is on these matters.

 

When you go to a Tribunal, it does not matter what the school or LA or colleges rules and regulations are, at a Tribunal the Educational Law applies, and that is often different to those of the LA. For example, an LA telling parents that they no longer do Statements is their own blanket policy. It is illegal. But no-one will reprimand the LA for having that policy. The only thing that parents can do is lodge an appeal with SEND. The SEND Panel will look at the evidence submitted and will make a decision. If there decision is that the LA should assess for a Statement, they will Order an LA to do that. If the appeal is about the contents of a Statement, they will make a Decision on the evidence and again will Order the LA to amend the Statement to include those things in section 2 and 3 and 4 that they think is warranted by the evidence provided, when applied to SEN Law.

 

So when an LA or school denies parents certain things such as a Statement, or gives a Statement but says they have no available speech therapist and so that cannot be included, or they try not to quantify and specify provision or staffing arrangements to deliver the support, that is all illegal. But it is done like that in the hope that the parent won't cotton on and they will be left with a Statement that is not legally binding, and which provides virtually nothing.

 

Regarding school records. This person can write to the LA and School and every LA professional's department, and every NHS professionals department she has ever had any contact with and ask them, under the Freedom of Information Act, to provide her with all paper and electronic copies of correspondence and file notes relating to her. You can be charged £50 per search. So £50 from the school, £50 from the LA EP service and any other LA departments, £50 from each NHS Hospital trust.

 

Alot of what she was told [and which you were told] is simply internal illegal criteria and blanket policies.

 

But I think talking it over with ipsea will help you decide how to proceed.

 

Out of this search you may find one or two gems of information. I know that I did. But it will be costly for a child with no form of income to pay these fees, unless there is some law that says she can get her own records for free?? These documents may give more indication of needs [if there are file notes, school meetings, school reports, IEPs etc that detail those needs]. I think the most important ones would be the schools' the LA EP and any Occupational Therapist, Speech and Language Therapist, Clinical Psychologist or Paediatrician she saw.

 

As Chris says, it maybe that it is the colleges blanket policy of "ONLY supporting students that were previously Statemented" that needs to be challenged. But I am not sure what that process would be and if that process would be as robust as requesting the LA to assess for a Statement again. Via that route she may at least be re-assessed by an EP. She should also be assessed by an OT for her Dyspraxia [which is probably the cause of the time management and sequencing and organisation problems she has].

 

And the LA may initially refuse to assess, and you may need to appeal that decision. And then the SEND Panel may Order the LA to assess. Then they will assess and you'll get a proposed statement that is pants, and you may need to appeal that too. How long that would take I do not know. Just getting the assessment maybe enough to prove the need and if she is due to move to college the LA EP may be more forthcoming if the REASON for the Statement is explained because the "funding" for support at the college will come from a different budget. That in itself could make all the difference because vague and ambiguous Statements are written simply to avoid the funding implications of the needs the child has. If that funding would be from a different budget, then they may be much more specific?

 

So I would get advice from IPSEA first. I know it takes a long time to get through to their helpline, but I would persist until you do.

 

Whether you decide to help or not is really up to you. It will take alot of time and energy to get it all together. And it is such a shame that your diligence was seen as a threat by the school and that your involvement and attempts to support this child, who is now a vulnerable adult, resulted in you losing your job.

 

I think if you did help, you could go as an expert witness to support her, having worked with her all those years. You will have to keep to the facts and I would not use any information to try to link your losing your job with what happened. The LA or school may say that, but let them, that makes them look bad. Just don't bring up that line of argument yourself.

Edited by Sally44

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Another route maybe simply to go to her GP and ask for a referal to Clinical Psychology and the Community OT. Although this would not be requesting the LA to issue a Statement [as it is seeking information via Health rather than Educational/LA professionals], those professionals could see and assess her and write a letter about her difficulties.

 

Those difficulties maybe covered by Disability Discrimination Law [this law's name has changed and I cannot think what it is called now - having a blank moment]. Under that law the college maybe forced to meet her needs as she effectively has a disability [something that has affected her for more than 12 months].

Edited by Sally44

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Thank-you for your reply's.

 

You've jogged a thought for me Sally 44 mentioning LA . The school has just (September 2012) become an academy does this affect statementing issues?

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Hi Julieanne,

 

Good to see you back, and glad to hear that you have been able to move on - hope the college job is working out OK..:)

 

You have a lot of guts for standing up for this student and I'm sorry it hasn't worked out well for her. As I'm sure you're aware, her paents should never have allowed the statement to end and should have appealed the decision to cease to maintain. However, what's done is done. It will be a hard battle getting it back - perhaps worth a go if she's staying on another year - but even then, as she will have to go through the whole process again, statutory assessment etc, with the possibility of an appeal at every stage, she is unlikely to get anything before she leaves school. My be worth it just to get the LA off their backside and doing something for this young lady, but parents will really need to be up for it - if not - then she would need very good legal support to navigate through this.

 

Interesting what you say about the college not supporting "non statemented" students - they simply cannot have such a blanket policy, it would surely fall foul of the Equality Act. It would be worth parents getting hold of their equality policy and possibly challenging them via judicial review for not following it. Again, good legal support essential.

 

What the LA should do is a section 139A Learning Difficulty Assessment to determine what her needs are in further education, they don't have to do this for a pupil without a statement, but they can. As she has had a statement, a case could be made that she needs one, based on the criteria in the Code of Practice.

 

In answer to your last question - there are many tricky issues regarding Academies and the law, but as far as this statementing issue is concerned, it doesn't make any difference - same duties apply. Check the Funding Agreement to be absolutely sure.

 

K x

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Hi Kathryn,

 

Good to hear from you.

 

I know this site helped me hang on to some of my sanity during my 8 frustrating years supporting as a one man band in a no SEN environment. I am a member of NAS but I prefered to get other peoples views and experiences before I decide what to do.

 

I have moved on to college environment which I love. Unfortunately due to the previously mentioned new policy of not supporting non statemented students and the governments stopping of the EMA, I lost 17+ hours weekly last September and only have 8hrs weekly total. I was aware that this kind of practise is unlawful in school settings but I didn't realise that it also applied to FE.

 

How's your daughter getting on?. I seem to recall she went to university?

 

Julieann

Edited by julieann

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