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cathcart3303

SEN Statements

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This is a Case Law Statement from IPSEA. It isn't exactly your situation, but it does spell out that the legal responsibility to fund the Statement ultimately falls onto the LA's shoulders.

 

What you also need to understand is that once a "test case" has been heard by SEND, and the Judge has made his Decision on the interpretation of the Educational Law for that specific case, all further cases will ALL make the same decision as the original Judge - unless some parent, or the LA Appeal that Decision and it is overturned by a further Tribunal Judge. Sometimes cases are appealed a number of times until the interpretation of the law is finally agreed.

 

That is why you can then quote "case law" in your own Appeal ie. - as an example - to ask that SEND make the same Decision in your case as in the case of Mr and Mrs Smith - Vs - Coventry City Council 2009.

 

We did that with a number of specific points in our case. We just bought the previous Cases to the attention of the Tribunal Panel and asked that as our case was so similar that they came to the same Decision on the interpretation of the law. You don't always need to do that, but what is reassuring is to read the examples on the IPSEA website about what previous Decisions and outcomes have been. Because I know that the LA get you doubting that you have a case. Does that make sense?

 

http://www.ipsea.org...tion/Case27.pdf

 

So what would be important in your case is to know how many hours of support your child needs, and what kind of professional input/therapy they need, and to then ask the school if they can provide that amount of hours of support, and WHO would provide it [because it has to be a suitably qualified person]. And in the case of SALT or OT therapy to ask the NHS professionals if they can provide that level of input. Because if they cannot, the LA has to buy it in privately. That is when you usually are looking at an independent school that has those professionals employed on site, and where they deliver the level of therapy your child needs "as standard", so that there would not be a continual push to reduce the provision.

 

But as you are at the stage of just getting the LA to assess, you still have a way to go yet ie. appeal to get the LA to assess, and probably a further appeal to get the placement and provision your child needs as detailed in the Statement.

Edited by Sally44

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My son was finally seen by CAMHS nurse practitioner who suggested he needs some one to come into the house every day for 8 hours aday for 8 weeks to support him with routine and getting out of house. Asking about direct payments (which I know nothing about) but is going to discuss his case with the team this week. Not heard anything from ASD or EP....but it's only been 11 months.

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Direct Payments is via Social Services.

 

What you need to do is to contact your local authority and find out who is the director for social services. Write to them to state that your child has been out of school for xx months, and that CAHMS have recommended he needs 1:1 support every day with routine and getting out of the house. [AND MAKE SURE THAT THE CAHMS NURSE PUTS THAT RECOMMENDATION IN WRITING].

 

Ask for your child's needs to be assessed by a social worker carrying out a Core Assessment, and also for you to be assessed as his Carer.

 

The outcome of that assessment maybe the Social Worker recommending he needs a residential placement [because support and learning of routines and how to get out of the house - presumably due to anxiety? - is an educational and heath and social care need.

 

You have to think about how your child's needs would best be met. Would Direct Payments meet his needs? Ie. you receiving money on his behalf for you to buy in the support/care. Could that support/care realistically be found outside of an ASD specific school where all the professionals and staff are qualified and trained and experienced in working with children like yours???

 

You can tell the social worker that you want your child to have a residential placement at a suitable school, or you can go down the route of Direct Payments.

 

We've just managed to get Social Services to agree to fund one night a week residential. If it helps my son to get into a routine, manage his anxiety and OCD and teach him life skills, then the school have said they will call an interim review to discuss the progress made, and if progress has been achieved they will seek additional residential funding. Ideally for him to stay in school during the week and come home at the weekends.

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Thought I would update you all and get some frustration off my chest!

 

After a 'misunderstanding' and a complaint to CAMHS my son is seeing a CPN who is coming in weekly to start with. The EP has been in once a week (about 6 times) and has written his report for tribunal. The Paediatrician has written to say to the EP that my son needs CAMHS more that his support at present. CAMHS report was 6 A4 sides. She says she cannot see him returning to mainstream in the near future and it will be a slow intergration even in the right environment. She has written to the Children's Commissioner.

I requested that the LA send all info they have on my son including funding in November which they did not. The tribunal ordered them to reply to me and them by 7th January which they did not. Now awaiting on decision of tribunal about this flagrant disregard of the request. Have to have all evidence in by this Friday. IPSEA Rep is sorting appeal for me and will attend tribunal in February with me.

No education for over a year and no homework provision. School are running CAF. They have said to look at ASD attached to mainstream. I spoke to them and they said they could only provide a temporary place from now until July as they already had a full intake for September. They do not normally do this she said. Why would I put my child through this. Its outrageous.

 

It was also mentioned about a small school which takes children who have been bullied. The CPN said it is small and flexible and my son seems happier to visit. He does not like travelling and this is only down the road.

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Thanks for the update cath .What do you think your son needs now ?..........where do you feel he would be happy and would be the best placement ?

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I think this small school would be good. My only concern is it may be regarded as a stopgap and then authority will want to return him to mainstream. I think he needs continuity so if they said he could finish schooling there I think that would be best. It is the first time he has actually asked about when he would visit a school and did not withdraw. Fingers crossed he will like it. The other thing is the school have mentioned this school before and it all went quiet (probably due to funding). They may still turn round and say he cannot go there which would make be very angry.

Edited by cathcart3303

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Remember that the Statement must be a true reflection of his needs and the provision to meet those needs.

 

The school must be able to fulfill the Statement and must have a suitable peer group academically, socially and emotinally.

 

Is this small school ASD specific? Is it for children with challenging behaviour - which is not ASD specific.

 

Regarding an ASD unit attached to mainstream. Firstly is your son cognitively able and do you expect him to sit GCSEs. If your son has not coped mainstream, how is he going to suddenly cope with being fed across to mainstream from an ASD unit. We argued at our tribunal that the environment and teaching strategies were not suitable for him. He was not a mainstream child. And we argued that ASD Units feed the child across to mainstream where he would just get overloaded and overwhelmed all over again.

 

Go and visit any school you think is suitable, and ask questions relevent to ASD ie. how many children in his school, class have an ASD diagnosis. Do any of the teachers have an additional qualification for teaching children with an ASD. What ASD specific approaches do they use.

 

Access to SALT, OT, EP etc will be via what is written in the Statement. But also ask the school what their budget is for these professionals and what would cause the school to refer to them.

 

At his former school my son deteriorated to the extent that he was out of school for a year and developed self harm behaviours, an Anxiety Disorder and OCD, and they still do not refer him to anyone because they said they had no concerns. So "having access to SALT/OT" etc means nothing. The hourly input per term or week is what you need in the Statement. And ideally you need a school that provides these therapies as standard, otherwise the school/LA will continually be trying to reduce the input.

 

Are there any ASD specific schools near you? As he has been out of school for some time, and CAHMS have said mainstream is not suitable, you are in a strong position to seek an independent ASD school.

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Dont be surprised if the LA drag their feet. It really is a game of "chicken", and the LA test the nerves of parents by often going right up until the day before, or even at the start of the actual tribunal - before they capitulate. So just stick to your guns and wait and see if they cave in beforehand. If they don't, going to the tribunal will be experience for you, because you may find that even when they do assess and do produce a Statement that you still end up having to appeal the contents and/or placement of the Statement. And having been once you will be much more prepared for any second appeal.

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Good luck cathcart. I do hope the LA back down.

 

I think we were quite lucky that the LA backed down a week or so after we submitted our appeal and agreed to do statutory assessment. We now have proposed statement and are expecting to have to appeal when we get the final.

 

In one of your previous posts you mentioned a form to fill in for an expedited hearing. Where did you find this form, or what do you have to do for expedited hearing?

 

Did the LA ever agree to give your son home tuition or have they helped him in any way with an integration plan? My son's been refusing school for a similar length of time and has not had any education. It seems like LAs won't educate a child at home unless they have the exact magic wording in a letter from a consultant - and consultants don't seem to like to write that a child is unfit for school, and I suppose they're right because it's not so much that a child is unfit for school and more a case that they need the right school placement in order to access education!

 

This is all such a difficult stressful ride isn't it. I know I sometimes feel like I just want to give up, and the longer my son's out of school the harder it's going to be eventually getting him settled back in to an appropriate placement - of course LA have recommended mainstream comprehensive, it's laughable. Have recently had an independent speech and language report done which really highlights his difficulties as well as his strengths, there's a huge gulf between these areas.

 

Let's hope your LA backs down so that they can get started on the statutory assessment for your son ASAP.

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Good luck cathcart. I do hope the LA back down.

 

I think we were quite lucky that the LA backed down a week or so after we submitted our appeal and agreed to do statutory assessment. We now have proposed statement and are expecting to have to appeal when we get the final.

 

In one of your previous posts you mentioned a form to fill in for an expedited hearing. Where did you find this form, or what do you have to do for expedited hearing?

 

Did the LA ever agree to give your son home tuition or have they helped him in any way with an integration plan? My son's been refusing school for a similar length of time and has not had any education. It seems like LAs won't educate a child at home unless they have the exact magic wording in a letter from a consultant - and consultants don't seem to like to write that a child is unfit for school, and I suppose they're right because it's not so much that a child is unfit for school and more a case that they need the right school placement in order to access education!

 

This is all such a difficult stressful ride isn't it. I know I sometimes feel like I just want to give up, and the longer my son's out of school the harder it's going to be eventually getting him settled back in to an appropriate placement - of course LA have recommended mainstream comprehensive, it's laughable. Have recently had an independent speech and language report done which really highlights his difficulties as well as his strengths, there's a huge gulf between these areas.

 

Let's hope your LA backs down so that they can get started on the statutory assessment for your son ASAP.

 

That was our experience too. But I started putting my questions in writing to the Clinical Psychologist and I also quoted from the SEN Code of Practice and Education Act, asking politely but firming, that they complied with the Statutory Assessment process by identifying each and every need so that it was included in my son's Statement so that the Statement was a true reflection of his needs and the provision needed to enable him to access education.

 

I think it is hard for professionals to know what information to volunteer, but once you have asked for specific information in a letter it is easier for them to comply.

 

We managed to get a letter from our GP after she had spoken with the CAHMS Psychiatrist who said that "currently" my son was unable to attend school due to anxiety. And still the LA did not provide any education because the letter was from the GP and not the Psychiatrist. What they did do was to send someone from the "hospital school" to see me and my son.

 

But that backfired on the LA as this woman wrote a letter saying that my son definately needed to be in a specialist placement and that the hospital school was for mainstream children who were sick, and not children with such complex and severe needs and that he needed a therapeutic team [sALT and OT] on site. Again this was after a lengthy discussion with her when she said these things. So I asked her to put her opinion in writing to me or copy me into whatever advice she gave to the LA. Which she did. So always ask for letters, and always write letters.

 

So then the LA tried to discredit this letter by saying she had no authority to say such things! But it was all evidence that we used at tribunal ie. no education provided, LA not listening to their own professionals etc.

 

Clinical Psychology is probably where you need to go. Ask to be referred to a CP that has experience of working with children on the autistic spectrum.

 

The CP was also reluctant to put in writing that my son had an Anxiety Disorder and OCD. But I again wrote and said that if she did not state that he had these needs, that the Statement would not contain any provision for his anxiety [which was the main reason he was out of school]. We received a letter from them confirming the diagnosis the day before the Tribunal. We took it with us and gave it as evidence on the day. The LA said they did not allow it to be admitted as evidence. As there was this disagreement the Panel looked at it anyway to decide if it was relevent. They said it was relevent and therefore admitted it as evidence. And the fact that the LA had tried to omit it made it even more apparent that they were not prepared to meet his needs.

 

What school are asking for as your parental choice?

Edited by Sally44

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Sharon. The form for expedited hearing is on the tribunal website. However, I then had to get the agreement of the LA to change date but I had incorrect contact details for LA and when I rang solicitor he failed to pass on the details also. Said in theory it would be okay but..... Still waiting for tribunal decision on LA failure to respond to judge by 7th Jan. with information. I wrote in my response to tribunal that the LA have tortured by son by saying he is on roll at school. As soon as the Paediatrician said he would be unable to return to that school his mood visibly lifted.

 

Sally, I still have no idea where my son could be educated. Not much choice where we live.

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Thanks Sally.

 

We have seen a clinical psychologist at CAMHS, this is who did the ASD diagnosis, but CAMHS don't offer much after diagnosis although psychologist has been happy to talk through issues on phone with me. He will tell me verbally what he thinks school needs to provide for im, but they seem very reluctant to put things in writing or talk to eucation people irectly! I will talk to the psychologist again though. We actually listed the psychologist as someone we wanted the LA to get evidence from as part of statutory assessment, but there is nothing from him, so I should follow up with LA to see whether they even tried to make contact. The psychologist had put some recommendations at the end of his ASD diagnosis report and suggested a specialist school was needed, and yet LA still initially turned us down for assessment!

 

We also saw a psychiatrist at CAMHS in the hope of getting this elusive letter! But his letter expresses his concerns about my son and says that there is a danger that his attendance will remain very low for some time and it will have an effect on his education, and that he suggests further educational assessment (this was at the time we were putting our appeal to not assess together). I probably need to get in touch with I'm again and try to get another letter.

 

The LA's proposed school placement is mainstream with an integration package via Access to Education - so they seem to be saying that some integration/home tutoring is needed and that he won't just be able to walk straight back into school and yet the still don't get on and provide him with any education. Obviously I need to keep chasing and follow this all up. Just gets tiring when I'm also dealing with a child at home all day and am trapped in my own home and am having huge struggles with his sleep pattern etc.

 

We haven't specified a name of a school yet. We have a few independent schools that we are hoping to visit soon and have sent all paperwork to them. It is likely that a Priory school for high functioning ASD/Aspergers is going to be most appropriate, and is also fairly local - we are seeing this next week.

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Thanks cathcart, I'll look that form up. It is so difficult to find an appropriate school in the right location. I know of schools that are 1 to 2 hours from here in every direction that could be suitable, but just too far away really. I am hoping the school we visit next week will be the right one for us because it is only just over 10 miles away, probably a 25 min drive.

 

Have you searched for independent schools as well as the LA's schools?

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OMG. After a year and a month of my son not being in school (due to anxiety and no home tutoring) the LA have finally agreed to undertake a statutory assessment. It was about 2 weeks until tribunal. :gather::groupwave:

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So glad to hear that. Celebrations in order I think.

 

The Assessment process takes up to 26 weeks from start to finish. The LA will issue a Proposed Statement, which will not be legally binding as they never are. So you will need to negotiate with them to get the Statement worded so that it is legally binding. Remember that part 2 MUST identify each and every need, and part 3 MUST quantify and specify provision to meet each of those needs. And part 4 MUST name a school that can provide the provision detailed in the Statement.

 

Have you found a suitable school?

 

Once the LA have finalised [and they must within 26 weeks], if you are not happy with the Statement you MUST lodge an appeal to SEND again, this time about the contents of the Statement. So be prepared. Sorry, it is so long winded, and tiring especially if your son is under CAHMS and out of school.

 

You have all the corresondence about your son not being mainstream material.

 

What is currently happening regarding his education?

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My son has had no education for over a year. My IPSEA rep has said I will need to get a years compensatory education eg. special teaching programme up to 19 or specialist tutors in the statement (if and when they issue it).

 

I went to look at ASD SRB at mainstream about 15 miles away but they only have a temporary place until July and no places in September. The first room I saw was a room half padded with ripped upholstery. Cannot say this endeared me to the place and there is no way I would send my son there for many reasons. They said the majority of the pupils had aspergers and out of the 18 only 3 stayed in the unit all the time.

 

My son did come with me to look around a Red Balloon school (for bullied children). He kept his head down and didn't say much. Only takes max 16 children although only 4 the day we went. Very flexible with times and learning with 60/40 split between lessons and therapy. He would need to do a three day trial although did say could do a 2 hour stint with me there as well. He does not seem keen and appears to be regressing again. ie not dressing and being very demanding. I know it is because he is anxious. I did ask EP how far to push him as don't want his mental state declining.

 

The community psychiatric nurse says it could be months and he still may not engage. Get the impression they are playing lip service and hope he will go to school and they will no longer be needed. They have not been able to do any assessments and have no plan to help. I think now is the time to get a private clinical psychologist and OT to assess him.

 

As far as funding is concerned for Red Balloon the school will sort that. The request for funding info from LA and Academy was never sent to tribunal although 2 orders by registrar were made. My concern is the LA will say after a short while at Red Balloon he can return to SRB attached to mainstream.

Edited by cathcart3303

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You really need an ASD specific school. Not the one you mention, that sounds horrible. I mean the kind like the Priory Group or SENAD Group run for children with Aspergers.

 

The school for bullied children is still not ASD. He may need EP/Clinical Psychology input, Speech and Language Therapy input for Social Communication and Interaction Skills, OT for sensory issues or anything else under their remit.

 

Whereabouts are you in the UK.

 

Put your requests to health professionals in writing. You need them to put their findings and recommendations in writing so it can be included in his Statement. Tell them that if their findings are not in the Statement and provision and support is not detailed by them and included in the Statement that your son will not get it because the LA will have no evidence that he needs it. That is the whole point of a Statement, to detail what the child needs over and above what is typically provided in school.

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Thanks Sally.

 

After speaking to local Asperger's group there is a school specificly for Asperger's on the coast. It has just increased its age range from age 12 to age 16. I think at present it has 10 students but will be doubling to 20. It is a day school and is over 20 miles each way from where we live in Norfolk.. My son does not travel well. They do a phased transition and specialise in children who have been out of school for a long time. I think they also do out reach. I am waiting for the HT to contact me back.

 

I cancelled a further visit to the Red Balloon due to son displaying old behaviours and when I asked if he wanted to go he said no. I will await the outcome of the SEN assessment.

 

Had the letter from LA today. When it asks for information should I repeat what his needs are or just say send information later? Hopefully get input from Clinical Psychologist and OT? Don't want it said I did not give enough information.

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This is a link to www.ace-ed.org.uk http://www.ace-ed.or...ts-legal-rights

 

Follow the link on the right to download their advice/information, which is very good.

 

I would recommend that you do send in your detailed parental concerns for your son.

 

Also ask the LA who they are asking from the Speech and Language Therapy Department and Educational Psychology Department and Occupational Therapy Departments to put together a report about your sons needs and the provision he requires to meet those needs.

 

Then you can speak to them if you wish, and ask them to carry out "STANDARDISED ASSESSMENTS" on your son.

 

You also need to include Clinical Psychology and CAHMS as they are involved. Ask the LA to write to them, and you can also write to them and say that you need their advice to be included in his Statement. They need to identify each and every need to be included in part 2, and must quantify and specify provision to meet each of those needs. If possible get an appointment with both of them to discuss your son's current level of anxiety and say that you want that included in the Statement along with a description of how his anxiety should be supported, and what kind of school environment he would need in terms of reducing his anxiety.

 

Standardised Assessments are the professional assessments that give an age/standard score/percentile result from which you can measure progress. This is very important because if he does not make progress you can ask for additional support/therapy etc. If you have no baseline assessments from which to measure progress you will never know if he is improving or not. Without that knowledge it is hard to prove he needs additional input/support or therapy.

 

Ask SALT to carry out SA on all his expressive and receptive speech and language skills, including social communication and interaction.

 

Ask the EP to carry out SA on his cognitive ability, to assess for any specific learning difficulty, and to assess his emotional literacy.

 

Ask the O to carry out SA to confirm if he has a Sensory processing Disorder, Dyspraxia or life skills needs.

 

You can get independent assessments if you wish. But it is better to have them done if you are going to an appeal, and for them to be carried out just before the deadline for final submissions. Don't do them earlier because it gives the LA the opportunity of re-assessing just before the Tribunal.

 

But most importantly ask for SA from all professionals, and put that in writing to them so they cannot get out of it.

 

I would not mention placement yet, until you are 100% sure of the school and that your son is happy going there and that the school can deliver all the professional therapy and input the reports are stating he needs.

Edited by Sally44

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Need more advice. My son has never seen an OT or SALT. I contacted LA allocated officer who informed me they would only ask for reports from people who have seen my son. I saw GP who told me there are no services unless requested by Paediatrician or through Social Services. As we are now been allocated a social worker should I ask them (when I know SW allocated)? Should I confirm in writing that these assessments will not be carried out? Also I do not know how to arrange these locally. Have contacted local Austism group and waiting for call back. I was told to ring Cambridge but they only dealt with diagnosing adults and didn't know anything about OT's.

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The LA is legally bound to fund the Statement. [social Services are still LA employees - so no different to the LA officer, so write to the LA Officer].

 

I would write to the LA officer and state that as part of the Statutory Assessment towards a Statement that you would like your son to be assessed by a SALT who is suitably qualified and has experience of providing therapy for children with an ASD also ask for a referal to a suitably qualified OT who has experience of assessing and providing therapy for children with an ASD.

 

Navigating your way through the system is not straightforward, and it annoys me that no-one informs parents on what they should be asking for.

 

It took a 2 year wait to see an OT for us. You don't have that long.

 

Put in your letter to the LA a request that they reply within 14 days.

 

Your alternative route is via your GP to the Paediatrician and for them to refer to SALT and OT. So you could also ask the GP for referal to Paediatrician [or book an appointment yourself if the Paediatrician gave you an open appointment - as ours does].

 

If anyone queries the need for these assessments it is because of the SEN Code of Practice which clearly states [and quote the paragraph], that each and every need should be identified, and that provision should be quantified and specified.

 

Look up the DSM IV Criteria for an ASD. To get a diagnosis your child MUST have speech and language and social communications difficulties to a clinically significant degree. Those difficulties are lifelong.

 

Depending on how things go, you may need to get independent reports. But not at this stage. Have a look around for independent professionals incase you may need to use them. But any independent report should only be sought when you have lodged an appeal to SEND about the finalised Statement. And it should be carried out just about a week before the SEND date for final submissions of evidence - so that you don't give the LA the time/opportunity to reassess your son before the Tribunal. You want your reports to be the most up to date ones as those are the ones the Panel pays alot of attention to.

 

Ask the LA who they will be asking to carry out those assessments and write to those individuals [sALT, EP and OT], and ask them in writing to carry out STANDARDISED ASSESSMENTS. Those type of assessments give a baseline reading of ability/difficulty from which progress can be measured. Then you will be able to see if the Statement is producing progress or not.

Edited by Sally44

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Hi, If you type in SEN tribunal forms in to search bar and then on website list you want Request for Changes form. Then where it says I wish to apply to the tribunal for...... request Expedited hearing. :)

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That's one hurdle over without having to go to an appeal.

 

When the Proposed Statement arrives, don't be too disappointed if it is pants.

 

Below is a link to a document called "Getting the Statement right".

 

You really do need to go through all the reports and correspondence and make sure that each and every need is identified in part 2. List any that aren't, and where you got that need from ie. SALT report etc. If there are needs that no professional has mentioned, but which you think your son has, then you need to set up a meeting with that professional and the LA.

 

Then from part 2 you must be able to cross reference each need to the quantified and specified support for that need detailed in part 3. If the professional has not done that, again you can phone/write and meet with them to ask them to quantify and specify. They should by law. Often they don't until they are forced to at Tribunal. But they must, by law, detail the provision for each need.

 

http://www.ace-ed.org.uk/Resources/ACE/advice%20booklets/GettingTheStatementRight%20Mar2011.pdf

Edited by Sally44

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Judging by how things have gone so far I expect that the statement will be pretty hopeless (although I'll eat my words). As my son has mental health needs he is going to need specialists in autism as outreach/support from which ever school he eventually attends. The EP and Social worker have both mentioned 25 hours (on panel notes). What qualifications should they have and can this be specified on a statement? I fear they will offer mainstream SRB.

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What you need specified in reports are things that make it impossible for a mainstream school to provide. Such as:

 

XXXX needs to be taught in small group sizes of no more than 8 other similar peers [similar means with an ASD too] [no mainstream school can provide that]

 

xxxx has mental health difficulties [and list them eg. OCD, Anxiety Disorder, etc], and needs continued therapy and support from Clinical Psychology/CAHMS with advice from them being given to the therapy team based in school so that he is supported, and his therapy can be delivered flexibly across the week.

 

xxxx will receive xx hours per term [which equates to xx hours per week] of 1:1 therapy with a suitably qualified SALT who will devise and deliver the SALT programme working with the class teacher and the therapy team to co-teach and differentiate his work so that xxxxx can access learning. xxxxx will also need to attend a weekly social skills group of similar peers devised and delivered by the SALT. This will be delivered flexibly across the week to meet his needs on a daily basis.

 

xxxx will receive xx hours per term [which equates to xx hours a week] of 1:1 OT therapy for [sensory Integration therapy, Dyspraxia, Low muscle tone, Handwriting]. {The NHS does not provide sensory integration therapy at all - but you need a diagnosis of Sensory Processing Disorder to get the therapy}.

 

The teaching staff and therapy team will joint plan the delivery of xxxxx's learning and therapy in school at least once per term and will attend IEP's and Annual Reviews and will prepare an updated report for each Annual Review.

 

 

..... the list can go on and on. But the above cannot be delivered in a mainstream school. These are the types of things you need in reports.

 

If he has a specific learning difficulty such as Dyslexia, Dyscalculia, then he needs specialist teaching.

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Received the Proposed Statement yesterday. Not much to it. Under part 3 it says mainstream 25 hours 'support' delivered flexibly. No suggestion of how that will happen. :angry:

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Have a look at this booklet http://www.ace-ed.org.uk/Resources/ACE/advice%20booklets/GettingTheStatementRight%20Mar2011.pdf

 

That gives you step by step help on getting the Statement right for your child.

 

Basically, the Statement is a cut and paste job of reports/advice about your child.

 

So read the booklet, and go through all the correspondence/reports that you have about your child and identify each and every need in one colour that should be detailed in part 2 of the Proposed Statement, and highlight the provision that each need requires and which should be detailed in part 3 of the Proposed Statement.

 

You can ask for a meeting with the Inclusion Officer who has drawn up the Proposed Statement along with any or all of the professionals that submitted assessment reports about your child. You can ask them questions about the needs they have highlighted or not highlighted, and also ask them to quantify and specify the provision that each of those needs requires.

 

The Statement process requires the LA to finalise the Statement within a specified timescale. So the La may finalise the Statement without it being a true reflection of your child's needs or the provision required to meet those needs.

 

If you are not happy with the Statement you must lodge an appeal to SEND. Negotiation can continue with the LA up to the date of the Tribunal.

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Have you now visited the independent school you know your LA already uses for other children? Has your son been for a trial period with them and have they offered him a place there?

 

Lodge an appeal with SEND on parts 2, 3 and 4. The LA MUST go with your parental choice of placement UNLESS they can prove it is not a good use of resources, or that the placement is not suitable for your son.

 

As you say your son would not cope in an ASD unit being fed across to mainstream, what evidence of that do you have in reports or letters [you have the Paediatrician's letter, but you may need more, and may need an independent professionals assessment and report on your son, on the LA proposed placement and how that would not meet his needs.

 

There is no way that a mainstream school can deliver what he needs 'flexibly'. Flexibility, in case law, is about the school teaching and therapy being delivered 'flexibly' to meet the needs of the child [not flexibility to make it easier for the school]. For example, this means that if your child is supposed to have a SALT 1:1 or group session, and is unable to attend due to anxiety/refusal etc, that the SALT is able to re-schedule that therapy for the same week on another day. That can only happen if the SALT/OT etc are employed on site. If they are not, they will not come back until next weeks session.

 

For our tribunal we also stated that my son was not coping in a mainstream class size/environment/teaching approach. Being in an ASD Unit and being fed across for lessons would not work. Our son was out of school for about a year.

Edited by Sally44

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I'll start going through the proposed Statement today.

 

However, the CAMHS Nurse report was only requested on the morning of the panel and only an email was provided. My son is finally due to see a psychiatrist on the 13th May. The nurse said needs specialised placement as is unlikely to return successfully to a mainstream education.

 

My son is only now being seen by a private OT who is writing a report. She also knows psychiatrist so will write to him so he will have a more informed view of my son when seen. (In statement says to have his sensory difficulties met in school). This may be referring to hearing difficulties although no report on that either. Although this has not been an issue since he has been out of school. Dyspraxia not mentioned. No behaviour needs indicated in statement.

 

The Paediatrician said it is unusually important that a sensitive programme be put in place for reintegration into a highly supportive and probably specialist unit.

 

My son is due to see SALT this Wednesday so according to statement no language and communication needs indicated!

 

The LA EP report says....a graduated programme of reintegration seems sensible............... In the longer term , the extent to which these can be provided within a mainstream school is also unclear, and more specialist provision may be an option that needs to be considered.

 

Social Services have written to say case has transferred to them! No mention of Dimensions (Specialist Autism Support Worker who work with children isolated at home).

 

I have spoken to H/T, Asperger specific School. She had caseworker there that day and so was going to discuss my son's case with him. Said she would ring back but has not. When speaking to Case worker after this (chasing up Proposed Statement) he asked if I thought my son would return to his old school! No surprise to me in statement sent then. Have not visited as she did not think it appropriate at that time. They have done outreach in past but not at present.

 

Will arrange meeting with education advisor local Asperger Support.

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ASD School have said to visit but not doing outreach anymore and I would need to get my son to school. No further forward then. :(

 

 

I will just have to concentrate on getting the statement worded correctly with all my sons needs and how they are addressed.

 

 

How can I get my son out of the bedroom and engaging again? What provision is out there to help my son do this?

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You have advice that is saying mainstream is not really an option.

 

"The Paediatrician said it is unusually important that a sensitive programme be put in place for reintegration into a highly supportive and probably specialist unit."

 

Do you have the above in writing?? If not send a letter asking for them to put that advice in writing.

 

Are you looking at an ASD specific school?

 

Sensory difficulties need to be diagnosed by an OT. If he has a "Sensory Processing Disorder", the OT needs to state that and recommend "Sensory Integration Therapy" from a suitably qualified OT. And you need to make sure the ASD specific independent school [if that is where you are heading], can deliver that therapy, as well as therapy for the Dyspraxia that is not currently even in the Statement [again OT can assess and diagnose for that].

 

What help will your son get whilst not in school. Probably very little. If you can get a letter from a consultant stating that your son is refusing school due to anxiety and difficulties relating to his diagnosis, the LA are then legally obliged to provide education in another form, either at home or at another place where he can access learning [maybe 1:1 in a room at his or another school].

 

If your son refuses, then don't force him. Again, get a letter from Clinpsych that states how much force you are supposed to use to get him into school. If their advice is no force, just lots of encouragement etc, then you have that letter that you can wave infront of the EWO face if needed.

 

The length of time he is out of school works in your favour regarding proving that he cannot access mainstream, is refusing, his placement has broken down and therefore he needs your parental choice of placement, as described by professionals ie. specialist placement with a suitable peer group and where the teaching and therapies he needs will be provided 'flexibly' across the week.

Edited by Sally44

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