SEN Statements

[cathcart3303]

Seem to have lost my last post.

 

The Paediatrician has put in writing the above.

 

The caseworker is coming to the house on Thursday to discuss my disagreements with the proposed statement. Also to discuss naming a school. He said they have to write "mainstream 25 hours" in the initial statement. When I suggested postponing meeting until after my son is seen by Psychiatrist on 13th and Section 17 meeting on the 14th May he said it needed to be sooner. When I said how could I name a school for my child when we do not know how he is going to get out of the house and the section 17 meeting was to discuss this intervention he said that had nothing to do with naming his school.

 

As my son has visited no school how can one be named as they all want a visit from the child?

 

I am now concerned about the section 17 meeting as from another post regarding Direct Payments and provision of service I feel we could be fobbed off with an inadequate service.

Edited May 6, 2013 by cathcart3303

[Sally44]

There is a legal timescale within which the LA must have finalised the Statement.

 

But what you do is you lodge an appeal to SEND inside the timescale for lodging appeals [i think it is 2 months after the date of the finalised Statement, but check with SEND themselves].

 

As you are waiting for information it might be sensible to lodge an appeal towards the end of the 2 months. Any appeal is usually about 4-6 months after that. That will give you time to look for a school etc.

 

You can lodge an appeal on parts 2, 3 and 4. Initially all you need to say is that part 2 does not identify all his needs, and part 3 does not quantify and specify provision to meet each of those needs, and part 4 does not name a suitable placement.

 

You can amend the appeal to include your parental choice of placement later on, and by law the LA must go with your parental choice of placement unless they argue it is not a good use of their resources [ie. they have the equivalent at a lower cost]. And remember the Tribunal will be looking to see that your parental choice of placement can meet the childs needs and fulfill the Statement, and the LA will be trying to prove that their choice [mainstream probably] can also meet all the needs.

 

So you are looking for details from reports/assessments/correspondence that make it clear that a mainstream placement is not possible eg. class sizes of no more than 8; similar peer group; SALT and OT employed on site and delivering therapy flexibly across the week; any therapy that the LA/mainstream school/NHS do not provide such as for Sensory processing Disorder, Dyspraxia; Anxiety etc.

 

What is a section 17 meeting? Are you part of a pathfinder project and being given Direct Payments to fulfill the Statement provison?

[cathcart3303]

Not on a pathfinder as far as I am aware. The direct payments suggestion came from CAMHS for Dimensions ASD Support Service. No education provision involved but may request funding for OT Sensory support (which is private). Went to Autism Transition Day today. However don't really want to go down direct payments route as literally have to start small business to access.

[Sally44]

Okay, so you are after a straightforward Statement.

 

Anything that has an educational element to it should be in part 2 and 3. Part 3 is the provision. Whatever is in part 3 must be provided in school and if the school or NHS cannot do it, then the LA is ultimately responsible for funding the Statement.

 

Are you seeing an OT privately?

 

I don't know what Dimensions ASD Support Service is.

[cathcart3303]

My son is seeing a private OT who has worked in CAMHS and does sensory integration therapy.

 

Dimensions is a large organisation which provides different services including a buddy system to support ASD people of all ages to access a broadened life.

[SharonS]

Don't worry about trying to name the school at the moment, just describe the type of school you need (if you can) - e.g. Small, nurturing school that caters for cognitively able children with high functioning ASD/Aspergers, SALT and OT fully integrated into school day, teachers with experience of teaching children with your son's needs, broad balanced curriculum differentiated to take account of learning styles of children with ASD etc.

 

You said you have meeting on Thurs to discuss disagreements. I presume you have already put in writing your response to the proposed statement? When they issue final statement, they must attach your response to proposed to it - sometimes LAs seem to forget to do this.

[cathcart3303]

Thanks I wasn't aware to put all the disagreements in writing so will do that now ready for tomorrow.

[Sally44]

From now on you have to put everything in writing. If you end up at a tribunal you cannot submit a verbal discussion, or what was said at a meeting if it isn't on paper.

[SharonS]

Good luck for tomorrow. If you're not ready to hand over your written response tomorrow then don't worry, just tell them you will be sending it in the post. When you write to them make it clear that this is your response to the proposed statement.

 

Don't know if this link has been posted previously http://www.sossen.org.uk/reports/Check_statement.pdf gives details of what to include in your response to the LA. If you want to see an example of a written response, we did ours back in January, PM me if you want to exchange email addresses and I can send it to you.

[cathcart3303]

Had meeting today and was supported by Education Adviser from local Asperger Group.

 

The caseworker is going to adjust the statement and email it to me so I can check/advise changes.

 

He is taking it to panel next week with the hope that the criteria will suggest they name a local independent who have some children with moderate Asperger's.

 

Still have section 17 meeting next week to discuss Dimensions service to help my son get out of the house. The day before he is seeing psychiatrist.

 

Fingers crossed we are finally going to make some progress.

[SharonS]

That all sounds promising.

 

Good luck with the meetings next week.

[Sally44]

Let us know the outcome.

 

And whatever you do, if they refuse the independent and finalise the Statement naming a mainstream school - make sure you lodge an appeal with SEND. You have a very good chance of winning, and have absolutely nothing to lose by going to tribunal.

[cathcart3303]

Not feeling so positive today.

 

A good day yesterday in the sense that my son saw the Psychiatrist who has prescribed medication (fluoxetine) for Depression and Anxiety. Just need to get him to start taking it.

 

However today we had Social Services meeting. I feel like it was a waste of time. All services represented. I handed over information on Dimensions to lead( she was not aware of Dimensions). The person who was meant to be leading the meeting was off sick and had not informed her. I do not believe this as I have written several letters to LA and this service was requested from CAMHS last year in my home in the presence of the Duty Social Worker.

The Lead then said she had 'in mind' a support worker who 'may be' suitable. I am livid as this stinks of another minimal ad hoc service instead of the specialist help my son needs. She has gone away, with the two finance people who were there, to think about it. So my impression of why the meeting was been held was to agree funding for Dimensions (which was a consensus opinion would be of benefit) where as Social Services are making a totalitarian decision.

 

I have written a letter stating my views as above. Where's that brick wall?

[Sally44]

Has a Social Worker come to your house and talked with you and your child and completed a Core Assessment report detailing the kind of needs he has and the kind of support he requires?

 

If not ask for one.

 

In our case the SW came and completed a report, that went before the Panel and they agreed to one nights respite residential staying overnight at his independent school.

 

I know your child is not in school presently, but if you are seeking an independent placement, and one that has residential facilities, then the SW's report can be used to seek to secure some overnight stays, or even weekly residential.

 

If you do have a SW report, what have they recommended.

 

If you dont' have a SW report, ask them to carry out a Core Assessment and ask them to respond within 14 days. If they don't, lodge a complaint with the complaints person at the LA. And again ask for a response within 14 days, and if nothing happens lodge another complaint with the LGO.

 

With SEN, it is all about asking the right people to do the right thing, giving them a timescale and when they don't comply lodging a complaint. So you need to know what the procedure are. Request that those procedures are followed in a letter [so you have correspondence evidence you can use with the LGO or a SEND Tribunal], and keep following the process.

 

For example, I tried to involve SS for years. I phoned them, talked to them, and nothing ever happened. No-one ever returned my calls. They kept saying my son did not fit their criteria. But as soon as I was given advice to write a letter, and what to include in that letter, and how to complain if that letter was ignored - it all started happening. That is the key.

[cathcart3303]

I have had no written report from SS at all.

 

I have now requested a Core Assessment and also questioned how they can suggest a 'service' without identifying his needs.

 

As I felt they were trying to question our parenting skills (we have admitted for over a year we need help) I have also asked if they think my son should have a residential placement.

[Sally44]

Needing help is not the same as admitting to being a bad parent.

 

Be careful what you say and what you agree to. Otherwise you will be classed as a poor parent and that all your child's difficulties are due to your lack of parenting skills.

 

The best parent in the world needs expertise input and help with a child with an ASD.

 

So I would suggest that from now on, unless there is something very specific that you want advice on re. parenting skills, that you say:

 

"We have a son with an ASD. We have been on parenting courses suggested by you to improve our skills and to give us advice on how to parent an child on the autistic spectrum. But the core difficulties remain. This is not a parenting issue, it is due to his diagnosis. Our son is a child with severe and complex needs, who requires specialist input, therapy, teaching and a suitable placement for him to access learning, to meet his SEN and to develop his ability to cope and reach his potential."

 

If you don't get a response about your request for a Core Assessment within 14 days [which they should have done, and which they know they should have done, but which they have not done because if they did it, it would identify needs that they would then have to meet - so they play stupid] - lodge a complain with the relevant person at your local authority [they will have a specific complaints person, that is who you write to, not someone in SEN]. If they do not respond to you within 14 days - and give them that timescale - lodge a complaint with the LGO about them not following procedures, about them not assessing your childs needs. About the length of time you have asked them to do this and they have not done it. Just involving the LGO may get them moving immediately.

 

Then you should have this Core Assessment report to include in your appeal to SEND about the Statement and placement.

[Sally44]

Will he take his medication?

 

Keep a daily diary from now on on what he says and does and how he is. Because you may need it regarding medication and also it will be helpful for any Tribunal you attend.

 

My son takes his medication okay. He started on the same medication as your son, but he was switched to a different one after a few months. It can take time to find the right medication and the right level of that medication.

 

I would also suggest that one of your main arguments is about his anxiety and that it is extreme for him to need medication and that the placement MUST meet his needs rather than medicate him in an attempt to get him to attend mainstream. He is not mainstream material.

 

It is good that you have asked the EP this question. Have you put it in writing. Remember that anything you say, or anything you are told cannot be submitted to SEND, or the LGO or any complaints person. You can only use actual written evidence. So make sure you get everything in writing from now on.

 

So, after that meeting you could write to the LA and copy the EP saying "further to our meeting on xxxxx, we talked about x, y and z. My son has been out of school for xxx amount of time and is not showing any signs of agreeing to go back into school. He is now on medication for anxiety prescribed by CAHMS who have said "[didn't they say he needed an independent/specialist placement?]. I do not think that my son is mainstream material. What school do you suggest is suitable."

 

Include anything else that was discussed and agreed.

[cathcart3303]

Case worker rang to day and said he was going to send an amended statement and then we could have another meeting to discuss it. I told him the Final Statement is due tomorrow so want that. He said he thought the date was July. I said 8 weeks from proposed statement. Does he really think that I will believe he did not know when the Final Statement is due?

 

He said in that case he would have to name my sons old mainstream school or leave Part 4 blank. I said this 6 weeks ago at meeting that other arrangements need to be made for his education. He will specify what sons needs are so will wait to get Final Statement.

 

Am completely hacked off but not surprised!

[Sally44]

I assume you have all the above [ie. minutes of meetings/notes you took etc] of how this is not joint planned, or included a SS assessment to identify your sons needs, especially regarding residential etc.

 

Don't push them to do anything. Just write to them saying something like "Further to our telecon today I am surprised that you appeared unaware of the timescale involved for a Statement and that the Statement must be finalised by xx/xx/xx. I do not agree to my son's old mainstream being named, as everyone agrees that this is not suitable and is not working and that at the meeting on xxxxxx the LA said that they would be looking into funding the placement at xxxxx school, which is a local independent school for children with Aspergers. That is the school that I want named in the Statement. The Statement is supposed to be a true reflection of need and the provision and placement required to meet those needs. It is not meeting my son's needs to name a school that is not suitable because everyone involved was unable to keep to the timescales involved regarding the Statementing process. Can you please name xxxxxxxxxxxx school as the placement,"

 

[only if that is the school you know can meet his needs and that you have visited this school, and they have confirmed they can meet all his needs [the school must read the Proposed/Finalised Statement and all the reports and confirm that they can meet his needs within their standard provision/fees. If there is any additional that maybe agreed at tribunal the school needs to quote for that additional provision ie. any additional therapy/specialist teaching etc above their "standard" provision that they/you think could be included as part of any tribunal - such as OT/Sensory Integration Therapy etc - whatever is detailed in the reports you have]. The school must see your son for a trial period, and they must offer him a place in writing for you to submit to the tribunal].

 

Then I would just make sure that you lodge your appeal with SEND within the timescale. That then allows the LA to continue to negotiate with the Statement right up to the beginning of the actual Tribunal itself.

 

If you are after an independent/residential placement it will 99.9% involve an educational tribunal due to the costs involved. However the LA must go with your parental choice of school UNLESS they can provide what he needs/fulfill the Statement within one of their own LA maintained schools.

Edited June 18, 2013 by Sally44

[cathcart3303]

SS have not carried out a core assessment. They have decided a support worker (not ASD specific) may help my son but he is busy at the moment so son is on list. No one will Fund Dimensions. Psychiatrist says he will write letter to support this service (CAMHS suggested service). Paediatrician was going to look into Dimensions as had not heard of it. She said naming the independent school is not what my son needs now. He needs a different intervention at present.

 

I have visited independent school but son has not so knew LA could not name that but told me that was the only option as he was not suitable for local independent AS school. AS school had told me do not deal with mental health issues or provide therapies. Also was waiting for year teacher to ring back to arrange a visit which they did not. They were not interested in my son at all.

 

When I said my son needs specialist ASD help caseworker said that is not the case at the independent school. So why was he suggesting it 6 weeks ago? Local AS advisor was at meeting so will see if I can speak to her today. Does statement need to include provision for now as well as future?

 

Am growing weary. MP has written to LA requesting answers to why it is taking so long. This is LA where MP's have requested resignation of Director of Children's Services.

 

Spoke to complaints officer last week who questioned if I had actually sent in evidence my son had a medical need! Luckily had requested info under Data Protection and was able to say look at emails from attendance officer. Letter from CAMHS I had not received stated Depression and Anxiety. Also to be vigilant for OCD and Psychosis. I am not sending that one to the LA.

 

Lots of claims they are helping my son but no actual intervention.

[Sally44]

Just make sure you send letters to everyone just stating what the current situation is, so that you can submit it all as evidence at any future tribunal.

 

Request SS to carry out a Core Assessment. In the letter ask them to respond within 14 days. If they dont, lodge a complaint with the Complaints Officer at the LA. SS are LA employees. If you still get no job, then lodge a complaint with the Local Government's Ombudsman.

 

Put in your letter to SS that being put on a "waiting list" for a non-ASD specific support worker, when no-one has assessed your son, or yourself as his carer is not following procedure.

 

Regarding the Statement. It should detail all needs. And the Education Act also states that it can cover "likely future needs".

 

Regarding depression, OCD and possible Psychosis, I would submit that as evidence. It makes your son much more complex. It means he is not mainstream material and will need specific support throughout the day, specialist therapy, ASD specific teaching. It points to an ASD specific school for such a complex child. My own son has ASD, Dyslexia, Dyspraxia, OCD and Anxiety Disorder to name some of his diagnoses.

 

I am confused about the school placement. You say you have not visited the Independent school, but Independent AS School was discussed. Are these two different schools? Is the AS specific one not interested in seeing your son?

 

Remember that your son does not have to fit into what is available locally. The Statement sets out what his needs are. The Statement then details what provision he needs to meet each of those needs. You then find a school that can deliver the Statement.

 

My son was not suitable for mainstream. He was not MLD and so not suitable for a LA maintained special school. He was not suitable for a LA mainstream Autism Unit because they still feed the children over to mainstream, which is where he cannot cope.

 

So we found an independent ASD specific school. However that school did not have any specialist dyslexia teachers. Their standard provision was small classes of 8 pupils [so you need the class size specifying in the Statement - independent is usually 8 peers in a class]. My son's school has OT and SALT employed on site, and his statement details how much 1:1 and group therapy he receives each term.

 

The school then had to quote for a dyslexia teacher for 6 hours a week [as recommend by my independent EP report]. This cost another £10K on top of the £50K per annum for the school.

 

Does that make sense how it works?

 

Is there any school that you do think can meet his needs?

 

You need to request information under the Freedom of Information Act, not Data Protection Act. I think you can download a template letter from www.network81.org. Then, by law, they must give you everything held on paper or electronically about your son. You need to send that FoI letter to the LA naming each department that has had contact with him, the school, and each NHS professional [which may mean more than one hospital/PCT]. If you do not receive it within 40 days [i think that is the legal requirement], you can again lodge a complaint with complaints officer and then LGO. So make sure it is worded correctly and is a request under the Freedom of Information Act, otherwise you will not get all the information, and that could be the difference between winning and losing a tribunal. Our FOI search turned up some real gems.

 

Yes you will grow weary. But just have the mindset of the long distance runner. Just make sure that after any conversation that you send in a letter to that person clarifying what was discussed and agreed. And keep a file copy for yourself. The difference is that you could ask for someone to assess your child for dyslexia for years [as an example], and it never happens. And at tribunal you bring this up. But everyone denies having been asked to assess. the Tribunal Panel cannot consider 'verbal' information as it is heresay and cannot be proven. Even if you contact the complaints officer or LGO they will want written evidence of your request to assess. I asked SS to carry out a Core Assessment for years [about 5 years], and nothing happened until I was advised to put the request in a letter to the Head of Social Services, which I did. Again no reply. But a year later I lodged a complaint. The complaints officer passed it to the Head of SS who quickly arranged an assessment [as I had lodged a complaint with the LGO by then, and they were investigating]. My son was assessed and as a result he now gets one night a week residential at his current school. We are currently seeking that that is increased to 2 nights a week, and during school holidays too. So things will happen, but you have to be absolutely meticulous in following procedure, because all LA/SS and NHS know that they don't need to do anything until you follow the right procedure - then they can become liable for negligence etc, and they suddenly start to do what they should have done years ago.

[Sally44]

Regarding any claims of help he is currently receiving.

 

As the School to detail exactly how many hours of delegated funding is used on your son, and how that is used in terms of hours of support and staffing provision.

 

Do the same with any other agency such as SALT, EP, OT etc. Ask when they have seen your son. If they have carried out standardised assessments. Ask for a copy of any report/advice [which you should get anyway, and with a FoI you should also get their file notes, emails, notes telephone conversations etc.] Ask them what their termly input is specifically for your child. Ask what they have recommended. How it is being delivered in school and how it is being monitored.

 

So, for example, if the SALT has said that she has recommended that school spend 40 mins a week on the SALT targets, make sure you get a copy of those targets. Ask the school to send you a copy of your child's weekly timetable showing when those 40 mins are being delivered and who is delivering it. Ask the SALT when those targets will be reviewed and do they go into school to see if the targets are being met. In that way you can see what is or is not being done. [For example I found out that my son's SALT targets were being monitored by a TA, and the SALT used to phone her once a term to find out if the targets had been met. The TA said they had. But a TA is not suitable qualified to make those decision. The Tribunal Panel agreed with me. The SALT must monitor and assess if targets have been reached. When the SALT monitored it we found that targets had not been met - which is what we thought was happening. That gave us another reason to be seeking ASD Independent where the SALT is on site and where they see the child in therapy and in class on a weekly basis, and where the SALT works with the teacher to co-teach and deliver the therapy as part of the curriculum.

[cathcart3303]

My son has not been to school since December 2011. He gets no tutoring as the LA still question he has a medical need. He has spent that time in his room and is engaging with less and less people.

[cathcart3303]

Social Worker came today and rang Dimensions. She has asked them if I can pay for an assessment and then will know what needs they identify and what help they can offer. Also it will be in writing. She is referring to Adult Services due to mine and my husbands different disabilities. I have not claimed carers allowance as I have difficulties myself and is why I am asking for support for my son.

 

The Statement has not turned up today..... but as a school is not going to be named we are no further forward as my understanding is the school he is on roll should continue to provide education which means...nothing.

[cathcart3303]

Looking to the future there are 2 schools which may be suitable but they are down south about 6 hours drive away. The question is without the engagement of the child the actual school placement will fail and will he engage?. They have said that he could always take up a placement when he is 16 if he engages then. This is why I think Dimensions is important now.

 

How is the LA able to get away with ignoring these children?

 

 

To answer your question Sally the LA mentioned a local independent school who have experience of moderate Asperger's which I have visited. The Asperger specific school is the one that said they will ring back to arrange a visit but never did. I have rang and left messages so does not bode well for any placement plus they do not provide therapies.

[SharonS]

Hi

 

Would you like the LA to attempt to provide some kind of home tuition/mentoring for your son at the moment. My son has been out of school for a similar amount of time to yours. We finally started getting home tuition after a year and a bit when the LA put it in his final statement - so part 4 says something like Home tuition leading to integration into mainstream secondary. Although the mainstream secondary bit is a load of nonsense and we are appealing, we are at least now getting some home tuition (sometimes it works, sometimes my son won't come down to see tutor) Perhaps you can ask them to put something about home tuition/mentoring in the final statement under part 4.

 

It is just so shocking that they seem so happy not to educate our children. The people who have seen us from the home tuition service are shocked that it took so long for us to be referred to them.

 

If you don't see the final statement very soon, write to them reminding them of when it was due.

 

Phone www.sossen.org.uk or www.ipsea.org.uk for advice.

 

Get ready to put your appeal in once you get final statement (you have 2 months) You want to appeal part 2,3 and 4. Don't worry if you can't name a school,provide a description of the environment he needs for part 3 and also describe the type of school in part 4

 

Lost track of whether you have independent reports - but if not, get those assessments lined up.

 

My son visited a school yesterday (independent ASD school), was very positive and he says he wants to go there. Meanwhile the LA don't want to pay out because they are not sure he is ready for school! He is well and truly fed up of being out of school, he wants to go to the school he visited yesterday, surely the LA have a duty to help him make the transition back to school and can't just say he's not ready when they're not even trying! We have tribunal in Sept.

[SharonS]

Sally, what you have described is a subject data access request under the Data Protection Act, not a FOI request.

[cathcart3303]

Hi Sharon,

 

I would have liked some home education written into the statement even if it was mixed with some online. At least some one coming regularly and consistently even if son does not engage to begin with. OFSTED report stated LA medical needs provision was minimal but my son has none. How are they allowed to get away with it?

 

IPSEA have helped with last appeal and will support me again. Advisor wrote letter requesting all info LA have under FOI and Data protection.

 

The LA EP undertook a thorough assessment and wrote a comprehensive report. I have a private OT report regarding sensory issues. The NHS SALT has visited but as son did not engage went away. (I was in hospital but husband was here). I will have to chase up what is happening there.

[SharonS]

I don't know how they can get away with it. I think the truth is that LAs keep it very quiet and nobody knows this is going on. And they will say they only have to provide if you have consultants letter saying medically unfit for school.

 

Maybe write to the LA and ask specifically why they are not providing any home tutoring or access to online education. At least then they will have to give you an answer. And suggest that a programme of home tuition leading to integration into an appropriate school should be put in final statement. Write to MP again and get them to push for some home tuition - it is likely that you'll be in tribunal in 6 months time if LA are not going to play ball, so I'd push for home tuition in mean time.

 

I think you mentioned there were schools 6 hours away, would you consider boarding or moving house?

[SharonS]

Are you able to pay for independent SALT report? (I would guess about £700)

[cathcart3303]

I do have name of private SALT locally whom I know is very thorough.

 

Do you think I should write to Director of Children's Services asking why my son is not receiving home education?

[cathcart3303]

The Case worker has just rang me to tell me Statement was issued yesterday and I should get copy today or tomorrow. He was warning me that the mainstream school he is on roll at has been named although this Statement will be superseded when a new school is identified (and panel have commissioned).

 

I think I will write to HT asking what provision they are making for my son.

[Sally44]

You could write and ask why he is not receiving any home education. My understanding is that that is probably not happening because the LA are not legally obliged to provide it UNTIL you have a letter from a medical consultant that states your son is medically unfit for school. And that can be due to anxiety etc related to his ASD diagnosis.

 

I would say to hold off until you have seen the final Statement. Go over it with a fine toothcomb and see what has been included in part 2 - are all needs identified. And what provision has been quantified and specified in part 3 and has provision been detailed for each of your child's needs.

 

Then make a list of all the needs not included, and all the provision not included, not quantified and specified etc.

 

Do you have a school in mind?

 

From what the case worker has said, it sounds like everyone thinks mainstream is not the right place, but no-one is willing to say which school they do think can meet his needs. So I would put that in writing to the Case Worker ie. further to our telephone conversation you have said that until a new school has been identified, that the final Statement will name the mainstream school my son is currently refusing to attend and which cannot meet his needs. That makes the whole Statementing process a farce, if the outcome is to name a placement that is incapable of meeting his needs.

 

Remember to lodge your appeal within the timescale, and find a school that can meet his needs asap.

[Sally44]

As your son has not been in school since December 2012, I think you would have to write to them stating that fact and asking how they intend to get him back into school when the placement has broken down and he is refusing to go back into school, and how they intend to fulfill the Statement [and if the finalised Statement is pants, and not specific, then they may be able to say they can fulfill it - as it won't actually contain anything!].

 

Leave the LA and school to come up with any kind of return to school programme. Don't force your son. Tell him honestly that if he feels he cannot take it anymore, that he can say so and you won't force him into school.

 

Your main objective now is to identify a school that you and your son are happy with.

 

Visit it yourself first to see what the peer group is like, what the qualifications of the teaching staff are, what therapy is provided as standard ie. are SALT and OT on site. What are the class sizes. Is the learning environment structured for those with sensory issues?

 

Class size is very important. If you have an EP report that says your son must be taught in class sizes of no more than 8 similar peers, then that rules out mainstream and ASD units that feed across to mainstream. It also means that the school must of be of similar children to your son. That is very important for building confidence and self esteem.

Edited June 20, 2013 by Sally44

[cathcart3303]

My son has been out of school since December 2011. Neither school or LA are willing to arrange any education for my son. How can they get away with it?

 

The Paediatrician wrote last September stating my son had Anxiety and/or Depression and she was referring to CAMHS. I also sent the letter to Director of children's Services.

 

The LA panel recognised my son had mental health needs in June 2012 which was one of the reasons they would not assess his educational needs! He hadn't been assessed so they would not assess him????????????

 

OFSTED said complain to LA. LGO said have right to go to tribunal and to allow another 3 months for LA to deal with my complaint that my son has had no education which will take us up to end of July.

 

I have now written to LA and School stating that the statement has been issued on Wednesday but I do not have a copy. I have asked them both how my son is to access education now. I have written about funding info under FOI and asked what is being used and how will it help my son. Remember this school became an Academy last March and has to employ services from LA.

 

What a farce.

 

I have Social Services meeting next week. I am going to make a list of questions to ask directly to individuals eg.

 

Caseworker:

Why has mainstream school been named when at meeting to discuss statement the only absolute was my son was not returning to xxxx mainstream school?

Why can alternative education not have been written in to statement?

If a description of the type of school my son needs is made did a school need to be named?

 

Social Worker:

Why is my son not getting access to a support worker now when he has been at home for 18 months?

What is classified as urgent?

Why when professionals state my son needs specialist support can SS ignores this?

 

School:

What arrangements are the school making for my son to manage his transition?

 

Asperger's Educational Advisor

Clarify funding was withdrawn for youth worker and if funding was available a service could be arranged or ask SS what they are going to provide?

 

EP

Ask what type of assistance my son needs now to access education? How to get my son out of the house?

 

OT

Ask to clarify what help my son needs now to access education? How to get my son out of the house?

 

 

CAMHS

Ask them what help my son needs to access education? How to get my son out of the house?

 

Any other ideas?

[Sally44]

I would be a bit more specific.

 

At the meeting either get it recorded on a dictaphone [you may need two of them so that you have one copy and the LA the other], or get someone to write down verbatim what people say, and stop the meeting to get it down verbatim, don't let them keep moving along.

 

Don't let them keep turning it to you eg. "what do you want for your son". Say "It is not about what I want, it is about you identifying what my son needs and providing it. So what do you say he needs?"

 

Regarding education. Write to the Head of Childrens Services and attach a copy of the paediatricians letter from last September. Say that this letter states that your son is out of school due to Anxiety and/or depression. By law, you are supposed to provide alternative education after 14 days absence from school due to illness. Can he please respond within 14 days detailing why nothing has been done to date, and what he proposes to do now. [if nothing is done within 14 days, then lodge a complaint with the LGO. Although the LGO cannot look into anything that an eduational tribunal would do, what you are asking them to investigate is why no education has been provided since the Paediatrician wrote that letter. If there is an appeal [which there probably will be], that will be some 4+ months form the time you lodge your appeal. And lodging this complaint is something you also include in your evidence.

 

I don't understand why the LGO is asking you to give the LA another 3 months to provide an education. The Education Act gives them 14 days from the first day of illness. So I would query that with them. And check it with IPSEA before you contact them.

 

I know it is alot of paperwork, but what all these letters will be doing is showing to any Educational Tribunal what you have gone through. What has not been provided. How everyone has been passing your son around like a hot potatoe and trying to appear to be doing something, when actually nothing is happening. Believe me, i've been there, done that and bought the T-shirt!

 

I presume his educational, speech and language, OT and mental health needs have now been assessed for the Statement?

 

I would ask who decided to name a mainstream school, that he has refused to attend since September last year??? has been named in the Statement. I doubt it was a SS decision. More likely the EP or LA Inclusion Officer. But yes ask who made that decision. And again, put this in a letter, or minutes for the meeting, so that you get it all on paper. Remember that verbal discussions cannot be submitted as evidence.

 

I would also ask for clarification on what professionals mean by "specialist support" - why professionals said it, was it in a report, and what did they mean by that - write to them and ask them. Because if it is not set out, then as you have found out, it does not happen. He has had no support.

 

What do you mean about asking school about transition. Do you mean his return to the school he is refusing to attend? Then yes ask them what the reintegration programme is, who has devised it, and what will it involve. Don't give them any suggestions. You want them to tell you what is agreed - which is probably nothing. Again, don't we drawn into saying what you want. This is about them telling you what they are going to do. And they can't do anything, they know that. He will refuse. He has refused. He has voted with his own feet, and they have done nothing at all. And that is all brilliant evidence to submit. So just get them to put in writing the evidence that will hang them.

 

I think the Aspergers Education Advisor is under the LA rather than SS. So I would write to the LA, again head of Childrens Services and ask why funding for a Youth Worker [was this for in school or via SS for out in the community?]was cancelled. And ask them specifically what "short breaks" they will provide for your son [all LA's are legally required to provide short breaks].

 

As part of the Statementing process the EP should have carried out assessments and should have identified each and every need, and should have quantified and specified the provision to meet each of those needs. Did they do that? If not ask them to confirm that they have identified each and every need, and ask them to quantify in terms of hours of support and staffing arrangements for the provision he would need in school. Ask her to confirm what type of school he needs, and what class sizes he would be able to access. Ask them specifically to give you details of any school that the LA uses for children like your son and which they think you should go and visit.

 

With the finalised Statement you should receive a list of all the maintained, non-maintained, approved and independent schools that your LA currently uses and sends children to. You may find one in that list that is suitable for your son. Again you want ASD specific, not emotional and behavioural.

 

Has the OT assessed him? Did they assess for Sensory Processing Disorder? Does he have sensory issues? Does he have Dyspraxia? Did they submit a report towards the Statement? If so did they identify all these needs to be included in part 2 and again did they quantify and specify in terms of hours of support and staffing arrangements how those needs would be met. Did they detail his anxiety and mental health needs and how that should be supported and managed in school?

 

Again specifically ask CAHMS to detail each and every need, to be included in his Statement, and to detail the kind of learning environment, peer group, class size, type of educational establishment that he needs. Again state that he has refused to attend school since September 2012 and is showing no improvement or likelihood that he would ever agree to return to his former mainstream school. And that everyone involved has agreed that that is the case, and yet they have named in the Statement that his placement should be in the very school he is refusing to attend. Ask them what level of physical force you should use to get him into school. Say that you are concerned for his mental health and his future prospects now that he has been out of school for so long. Also ask if there is a Clinical Psychology department that works with children with an ASD that your son could be referred to.

 

Is your son currently on medication? I would suggest that your approach to CAHMS is something like. I am not completely against medication for my sons anxiety and/or depression, but there is alot that can be done regarding his educational placement, therapy, peer group, class sizes that could be of a huge benefit to him and I would like those avenues to be explored before medication is used. [if that is what you feel is right - that is what I said. I said that I did not agree to my son being medicated so that he might tolerate an environment that he could not otherwise cope with. I said that when all other avenues had been exhausted that I would consider it. And he is now on medication. But he is also in the only school that can meet his needs whether that is educational/social and emotional/sensory/speech and language etc.

 

And yes I would state in the letters to everyone that your son is in the house 24/7 since September 2012, and that is having an adverse effect on him and on all the other family members. Say that you are a virtual prisoner in your own home and that 10 months on no support has been offered to yourself or your son and that from an educational point of view nothing additional or different has been offered.

 

Then you need to find a school that can meet his needs. Because it makes no difference what 'type' of school is named in the Statement, if you cannot find one, the LA are not going to look for one either. And at a tribunal you need to name a specific school. Because the Panel have to decide if that is the only one that can meet his needs.

 

Whereabouts in the UK are you? Have you looked at Priory Group schools, or SENAD schools etc?

Edited June 21, 2013 by Sally44

[cathcart3303]

Has anyone knowledge of Gretton School in Cambridgeshire?

 

The Final Statement not only named his old mainstream school, the one he has refused to go to for 18 months, but transfer to a suitable alternative mainstream secondary school once identified. What a load of C**p!

 

I may be getting paranoid but I had a letter from CAMHS and feel they have contrived with SS regarding not providing support for my son. I think I will have to put in request for all info held on son from CAMHS.

Edited June 22, 2013 by cathcart3303

[bed32]

Gretton has been recommended to us, we are intending to go to see it in a few weeks time. Our initial contact is fairly encouraging but I understand that it is newish and so they don't have much of a trackrecord so far

[Sally44]

Well mainstream isn't working is it. He has been out of school for some months. Nothing has been done to either give him an education, or reintroduce him into school. Nothing additional or different has been recommended. And somehow, they are suggesting that he will cope with mainstream which is much larger, more confusing, changes for each lesson for teachers and peer group etc.

 

I think you have a good case for going to tribunal now [is he in year 6 primary this September or next?]. You can ask the Tribunal to just look at the primary placement, that is what we did. We had lots of evidence that the current placement had broken down, that he was not mainstream material and would not agree to return there, and that the LA and school could not meet his needs. So that meant an immediate move to an independent school that could take him at 10 years old. He started there in December 2011 and the transition review was in February 2012. There was no way the LA could try to move him again just two/three months after the SEND Panel had placed him in an independent school. So he remained there. And having remained there for the start of secondary school it is now impossible to move him. There is no other school he would cope with anyway.

 

You need whichever school you want to name to have a suitable peer group from an age, academic and social ability/peer group. And the LA must go with your parental choice of school UNLESS they can find one that is a better use of their resources ie. can meet all his needs at a lower cost. But they dont' have anything do they, otherwise they would have come up with it by now. But that is why I said I want you to write to the EP and ask them if there is any other school within the LA that you should visit. Becuase by asking that they should inform you if they have anything remotely suitable. And that helps you not to have any nasty surprises on the day of the actual Tribunal ie. LA turn up and name a school you have not heard of or visited.

 

It is also important to get on record about class sizes. If he has anxiety and Depression and Aspergers etc, they should be specifying class sizes of 8. No mainstream provides that. So he is not coping in current primary class sizes of ?? pupils. But check what your choice of school provides.

[cathcart3303]

My son was in large 1600 mainstream secondary school and had problems from transition.

 

I have arranged to visit Gretton. Speaking on the phone their website is not up to date. They have been around for a while but have only recently expanded to take residential and now extending from 17 years old to 19 years old. It is specifically geared to HFA and Asperger's. They also do phased reintegration although this will not be easy as we live over an hour away.

 

My son is academically able and this is the nearest school which can combine the challenge academically as well as providing therapies.

 

He should have been entering year 10 in September but that is not going to happen now.