Emergency review - school say can no longer meet his needs

[bjkmummy]

Lea officer after rearranging the review appointment last week from pm to am walked in and sad - you've got 90 mins I've got another meeting to go to and then we just felt under intense pressure.

 

Lea not happy that private OT report been done - really narked her when I produced the letter from nhs saying the don't commission OT for sensory integration.

 

She tried to argue ep report made Joe look fine till I pointed out he had highlighted one area of improvement but forgot to mention the areas where Joe had declined.

 

School made it very clear then cannot meet his needs even with full time support - he needs a specialist placement. OT report recommends this as well. School say the OT report is an accurate assessment of joes needs.

 

I provided 3 letters to show that Joe being sick every day at school is down to anxiety. School also now ave a 'vomiting' diary.

 

I handed over a statement with all of my amendments in which went down like a lead balloon.

 

We pushed her to agree a date when they will let us know the decision whether they will amend, agree a change of placement etc but she would not commit to anything

 

So meeting ended with nothing at all decided except school can't meet his needs and a son whos anxiety is making him sick every day, who is disruptive and school can no longer cope with. Have no idea what to next - it just seems so wrong that I have provided evidence etc and I'm expected to sit tightly and wait whilst as each and every day goes by my son detoriates. She heard that I am being phoned to collect him - I'm am now in limbo and am so tempted to phone her boss as 90 mins was just far too short - she knew what was coming and knew damn well that it wouldn't be enough time.

[bed32]

Had the LEA bod already seen the evidence you were presenting? If not she may have felt a little ambushed herself. The key issue is how they respond - they may take the reports on board and try to find a better placement, or they may just ignore you.

 

You probably need to contact IPSEA, or take legal advice, on whether you have the right to appeal now. It may be that you need to make a formal request for re-assessment before getting the right of appeal to SENDDIST

[bjkmummy]

yes - all the reports sent well in advance of the 2 week deadline - only report that was late was the ed psych report

[bed32]

I suppose it still doesn't mean that she had bothered to read them.

 

Fingers crossed that common sense prevails and she acts on the recommendations without you needing to take if further.

 

Surely LAs must sometimes act in the best interests of the child.

[Sally44]

Make sure you type up the minutes of the meeting and send a copy to everyone.

That will be your evidence that school said they cannot cope. That is SOOOO important because most schools just keep saying they can meet the child's needs.

 

Please don't be surprised at how this went. It was deliberate. They know what they are doing. They have other kids like your child. They know about independent school places. They know because they have other kids from the LA there.

 

I am not sure what the timescale is by which they must make a decision after the emergency review. Check that with someone like IPSEA.

 

If they don't amend you appeal.

 

But you would always have had to appeal. It is very unlikely they would agree. Even by not agreeing up until the Tribunal itself it saves them money, so it is worth them taking it that far.

 

I know how down and deflated you must feel. But this is really typical.

 

We had a meeting in school similar to this with the EP, specialist teacher, SALT, parents and school . We told them how he had deteriorated. How his vomitted was due to anxiety as agreed by CAHMS/ClinPsych. That he was attempting to run away from home [and had done it on a couple of occasions], was self harming and that I had caught him in a suicide attempt.

 

Before the meeting I had written into school asking them to minute the meeting.

 

When the minutes came not one single word that myself or my husband had said was in the minutes. It was all full of 'no concerns' and 'positive results'. It was like they were talking about another child!

 

So I sent in my version of events and asked them to detail 'why' they had missed out everything we had said.

 

From them on I used two dictaphones to record every meeting because I was sick and tired of being misrepresented and of professionals saying and agreeing things and then denying they had said it.

 

Just take it as fact that you will almost 99.9% be going to an SEND Tribunal over placement. Once you get that into your head you feel start to feel more positive about what you are working towards.

 

Stop thinking that this is about 'convincing the LA'. They already know.

[bed32]

I think you have to be a little careful here. As I read it you probably don't have the right to appeal at this point if they do not change the statement. You may have to wait until the annual review before you get a right to go to SENDDIST.

 

You could possibly ask the council to reassess - but if they refuse you would need to go to tribunal on their refusal to reassess, then go to tribunal again if they refused to change the statement - by which time you might as well have waited for the annual review

 

 

Take advice from IPSEA or SOS!SEN on this.

 

Unfortunately if they dig their heals in it could take a long time before you can get this

[bjkmummy]

Don't think there can be any dispute over not meeting need - it was said in front of parent partnership who minutes it and the head said it several times - my husband and myself both minueted it - however just despair at the game playing involved with a vulnerable young child - it's just so wrong that they can behave lime this but I should be used to it by now. Lea have asked school for lots of evidence of various things - such as sensory circuits Joe does etc. Will hopefully get the minutes from head tomorrow and then try and get the paperwork back to school with any additions from me. Best get saving for more independent reports

[Sally44]

The law has changed regarding reviews. The parent can now appeal whether the LA decides to amend or not. Before you could only appeal any amendments the LA made. Now you can also appeal if the LA do not amend and you have evidence of additional needs, additional provision or alternative placement. And when you appeal you can appeal about any part of the Statement.

 

So, as an example, the LA amend the Statement to reduce the total number of 1:1 SALT therapy. Parents can appeal that decision and also ANY other part of the Statement too.

 

So, as an other example, the LA decide not to make any amendments. Parents can again appeal ANY thing in part 2, 3 or 4. But obviously they will need evidence of it to prove their case at the Tribunal.

 

But do get in touch with IPSEA. You could try their new email service and ask them:-

 

Is there a timescale within which the LA must decide whether to amend a Statement or not after an emergency review?

 

And also check that you do have parental right to appeal to SEND whether they do or do not amend the Statement.

 

If you do need additional independent reports remember that you get those in time to submit inside the deadline for submissions.

 

So you lodge your appeal, and your reasons, with what evidence you have NOW. And you phone SEND and ask them when they are scheduling new appeals [eg. in 4 months time]. You find out WHO you would want to use, and you get them booked provisionally so that they assess your child and produce their report about a week before the final submissions date. That stops the LA re-assessing just before the Tribunal.

 

What are thinking of regarding placement?

[bjkmummy]

Favouring the independent school in nottingham as my lea do send quite a few kids there but we didn't really discuss placement as time ran out. I spoke to IPSEA earlier and sounds like the lea could have up to nov to amend but sure I read they have to be fair and reasonable so nov too long. Hopefully getting the paperwork from head tomorrow so will get that straight back to her and then going to not think about it over the next week. I'm just gonna have to wait but will keep on at them especially as the sickness continuing. School cant meet his needs so how can he stay there? Also not sure what to do if the sickness continues

[bed32]

You certainly have the right to appeal if no change is made following an annual review - but I am not sure the right exists at any other time unless the LA propose a change themselves. However I am not an expert!

[Sally44]

You need medical evidence that the vomitting is due to anxiety.

 

Are you under Clinical Psychology or CAHMS?

 

If not ask your GP for an urgent referal.

 

You tell them what is happening and what the school has said about not being able to meet his needs.

 

You tell them that you need in writing that his anxiety is typical of his diagnoses and of a child that is not coping in school and that it is not due to a physical illness.

 

You need to ask them to put in writing exactly how much 'force' you should use to get him to go to school. And you ask them to put in writing what you should do if he becomes too ill to go to school, or if he refuses school.

 

If he does refuse school the Consultant [Clinical Psychologist] MUST write a letter to the Local Authority [and a copy to you], which states he is out of school due to anxiety [which is a medical condition]. When they do that the LA MUST put some home school in place within a set period of time.

 

You also need this letter from ClinPsych to stop the LA involving the Educational Welfare Officer.

 

So get that referal to ClinPsych NOW to cover yourself.

 

In the meantime use gentle encouragement to get him to school. If that would not work, and he starts to be at home frequently or every day, phone the school about what can be done in school to increase the support there. Ask school WHO they can contact for help and support. Then put it all in a letter and send it to school, and then leave them to get on with it.

 

To get a placement at this independent school in Notts, it is going to work in your favour if he is not in school ie. refusing to attend due to anxiety - his current placement has put in writing that they cannot meet his needs.

 

I can't remember, is your son around average cognitive ability? Is there a special school the LA may suggest he moves to?

 

If they do suggest a maintained mainstream or special school as being able to meet his needs you must go and visit it, and ask questions about how they would support your son. They must have qualified staff, and they must have a similar peer group both academically and socially - otherwise it is inappropriate and an SEND Panel would agree it was inappropriate eg. if he is cognitively average he is not suitable for a moderate learning disabilities special school - eventhough the environment maybe better for him, the teaching approaches, teachers and professionals and the child peer group will not be ASD specific and will not be suitable.

 

Are you at home all day, or are you working?

[Sally44]

I would also suggest you telephone or email IPSEA about the November timescale to decide on whether to amend or not.

 

Whatever they advise you, I think it is worth putting that in writing to the LA and adding that this is a vulnerable child who is not coping in school and the school have stated they cannot meet his needs [you should have that in writing by then - make sure you chase up those minutes because the school admitting that is a golden ticket and IF they do go back on what they said, they are going to look ridiculous at the Tribunal and the Panel will ask "why did you say you could not meet his needs in May 2012 and yet you are now saying you can meet his needs?"].

 

Say that this was an emergency review, and therefore it requires an urgent response and cannot wait another 6 months until November, which would take him into the autumn term of another school year. The facts are quite clear. [You could state that you have been to visit xxxx school and that they have seen your son and assessed him and found him suitable and that that is your parental choice of placement and you are seeking an immediate transfer as this school has a place available.]

 

[so do go and visit this independent school so that you are sure this is the place for him. And for them to assess him and offer a placement.]

 

Say that you want them to come to a decision by [and discuss with IPSEA when that would be].

 

Go and visit the independent placement you think is suitable. Make sure they offer your son a placement in writing and that they hold open this place beyond the date the appeal is expected to take place - so keeping it available for about 6 months. If you do go past that date, get another letter from the school.

Edited June 1, 2012 by Sally44

[bjkmummy]

I have the minutes from the meeting yesterday - it clearly states school cannot meet his needs and even with additional support they can't and they feel he needs a new placement for sept. I emailed IPSEA and they replied this morning so I have also written a further report this morning to go back with all the paperwork statin that he needs a new school and we are now in a difficult position with school unable to meet his needs and him being sick every day. I have told them the school I would consider and have said I was open to suggestions if they had any school they felt would be suitable. I also said I was not happy about only being given 90 mins - the lea had all the paperwork 2 weeks before so knew it would be a long review and to phone a week before to change the time etc n they knew it would then leave only 90 mins is ridiculous and feels like game playing. All gone back to the school now and head will send to lea today - their is a sen panel meeting on 6 th June so fingers crossed that his case goes before the panel. I have signed the minutes and I watched the head sign hers as well so that's that - it's offical that the school cannot meet his needs. Have been to the independent school last week - met the children would be in joes class and they would have a place available for Joe in September so now let's see what happens - the code of practice states heybhave 1 week to inform you of the decision so if it does go to panel next week I will give them until the end of the following week then I will start the pressure on them and ask if it didn't go to panel why not otherwise next panel is beginning of july

[bjkmummy]

I'm at home all day. We do not have Camhs at the moment only a paed. She has put it in writing that there is no medical reason for the vomiting - will try and get him to the gp. Think lea will try for mainstream with unit but we do think we can argue this as he would have to go into mainstream. My other son is in this unit at the moment and it's been awful - have in writing from head that only non verbal kids go into the asd unit - Joe is average ability so also couldn't go in MLD unit - lea gave Joe a place in the unit last year even though he had no statement but head out him in mainstream and he lasted 6 weeks so that's already a failed school for Joe. We have no special schoolso so it will have to be an out of county placement - local sen school at primary would be no good as the children are severely disabled. I will get the gp appointment sorted - we have a new gp starting next week so appointments should be easier to get hopefully.

[Sally44]

It is good that you know the arguments to use.

 

My son was placed mainstream at a school that also had an autism unit. When he moved there the SENCO and autism unit teacher both said that they felt he would regress in the unit as the children were not suitable peer group ie. challenging behaviour, non-verbal etc.

 

I got copies of those opinions in file notes when I did the Freedom of Information Act search.

 

SO when the mainstream placement broke down they could not contradict themselves and say that the unit was now appropriate. I did visit it and I did check the academic and social abilities of the children in the unit, the qualifications of the staff, the budget they had for SALT etc. It was not appropriate.

 

I also found file notes from the EP and autism advisory teacher [FOI Act search], that they had advised the LA inclusion officer that in their opinion he did need the unit because he would not cope mainstream. But the inclusion officer ignored that advice, and even altered the AAT's written advice that she produced as an 'addendum' to her report when she saw that they planned to keep him mainstream.

 

So that was also useful because it proved that the LA's own professionals had always been of the opinion that he needed a 'dedicated environment in a small peer group low arousal environment of around 8 children'.

 

And the SEND Tribunal will agree with that. You just need to have the evidence in writing of the criteria of the unit and special school and the kind of peer group it has and the qualifications of the staff and if they use any ASD specific teaching approaches etc.

 

It is good to have an appointment in the pipline for Clinpsych. Make sure you request a department that has experience of working with children on the autistic spectrum.

 

When are you going to visit the independent school?