advice please

[phoenix]

sorry for the garbled post but im angry, i need advise......when my son moved up to big school we were told that his primary school were going to get the ball rolling for a statement, after various meetings over the next 18 mths with the new school we disscussed his IEPs and his behaviour and also his application for a statement, my sons behaviour has deteriorated over this time and he has been suspended on a few occasions, then 4wks ago (after lots of nagging) we finally had a meeting where a caff form was filled out, the teacher admitted that the senco had been too busy this past year to put my son forward so the teacher who wasnt caf trained held the meeting and when we got our copy yesterday it was only half completed, there was no 'next steps' no 'action plan' filled in, so i called our local authority department who deals with statements and she said she has no records of my sons application (and wondered how i got her direct number) i was told at the meeting a statement would be applied for that week as he needs a staement asap, and yet the LA hasnt even heard of my son, so i called the school first thing and only got answer phones, is it wise to go in guns blazing as im furious or shall i leave it till after christmas, any advice anyone can give me for this next meeting would be very greatfully received

[oxgirl]

I know it is frustrating but I would strongly advise taking a breath and not going in guns blazing. It is so important, as I know from experience, to maintain a good working relationship with the school, you are working together as a team to support your child and if you can maintain a good relationship it will only benefit your child. It might be best to leave it until after Christmas now, as staff will be coming back from the holiday afresh and ready to start the new term rather than winding down, ready for a break, as they are at the moment. Perhaps you could note down all your concerns and arrange for a meeting with the Head and SENCO early in the new year to put forward your worries and ask them about their plan of action. Again, I know it is difficult, but I would try and remain as calm and reasonable as possible so as not to put them into a defensive frame of mind. You may be pleasantly surprised and find that steps have been put in place by the time you meet in the New Year and then you can all move forward positively.

 

Good luck.

~ Mel ~

[phoenix]

thanks for the reply, ive called the school, they say the caf form wasnt filled in fully because they have more hoops to jump through before completing it, even though they have been gathering evidence and contacting other agencies for well over a year, they also said its nigh on impossible to get a statement for a yr 7 child thats why they havnt really done much yet, the head is leaving today so no point making a appointment to see him and the senco, so im told is too busy as his case load is overwhelming thats why its taken so long, it seems each time i try to speak to someone they tell me something different, next available date was the 23rd so ive made a appointment for then im going to contact parent partnership and get a rep from them to come to the meeting with me

[cathcart3303]

Hi,

I would apply for an assessment of SEN for a statement. Write to the LEA yourself. A formatted letter is available on the IPSEA website. As your son is in year 7 the LEA may refuse and you will then have to appeal. Get the ball rolling asap. The LEA go by working days. You can then let the school know you have done this. Keep communication open with the school but do not be fobbed off.

[phoenix]

hi, thanks for the replys, my son is now yr 8, i have picked the brains of a SENCO from another school and she has informed me that i have been constantly fed a load of codswallop, for a very long time, they have plenty of assesments and evidence for a statement and my son should have had everything in place long ago, especially as he was diagnosed at 7 and hes now 13, and she has offered to go with me to the next meeting

[Sally44]

As already said, you can write to your Local Authority and ask them to carry out a Statutory Assessment towards a Statement. The LA must then either do that, or refuse to assess, and give their reasons why. If they refuse, you can [and must], appeal that Decision. At Appeal LAs are usually told to assess the child.

 

The Statementing process takes 26 weeks from start to finish. You need to get yourself a copy of the SEN Code of Practice. This is a link to it. Read the relevant sections [chapters 7 and 8]. This is your bible. A Statement is going to take you 6 months before it is finalised, and if it is badly worded, or does not include all your sons' needs or quantify and specify provision for each of those needs, you may need to appeal to SEND about the Statement, and that can take another 4 months.

 

It is still worth going through the Statement process because as your son is deteriorating, you may find yourself with him out of school and unable to cope in mainstream, and having a Statement gives you the power to seek a special school or even an independent ASD specific school.

 

Regarding the Statement and the CAF. I would firstly send in a formal complaint, in writing, about this to your Local Authority - to the person who deals with complaints - find out who they are. Do you have anything on paper about asking for a Statement, or being told it would be done etc? If so keep them filed somewhere safely. Also complain about the CAF, as there is a timescale for both a Statement and CAF within which they should be completed. This has not happened.

 

I would also at the same time lodge a complaint with the Local Government's Ombudsman about the lack of a Statement [and send in your evidence that you were told it was being done by the school, or LA or whoever]. Also complain about the CAF, the length of time it is taking, and that it has not been completed. [again send in the CAF that you have].

 

The Local Government's Ombudsman can look into maladministration of Local Authorities. Just involving the LGO might get the LA to do what they should do immediately. The LGO will write to the LA asking them questions regarding your complaint. The LGO can award compensation in some cases, and it does have power over the local authority to make them do what they should.

 

From now on put everything in writing, always take notes and minutes of meetings, and follow the SEN Code of Practice. Take up the help of the SENCO, but remember that they are part of the education system with its budgets and limitations. However a Statement does not have any monetary, placement or therapy limit attached to it. It is about having evidence in correspondence and reports of needs, and having provison quantified and specified to meet those needs regardless of cost. Anything your child needs that is over and above what a school typically provides must be funded by the LA if it is detailed in the Statement. That is why getting a legally binding Statement, that identifies each need and quantified and specifies provision and the right educational placement is SO important.

 

This is a link to the SEN Code of Practice http://media.education.gov.uk/assets/files/pdf/s/sen%20code%20of%20practice.pdf

This is from the top of the education forum section under "SEN Publications".

 

You might also find www.ipsea.org.uk a useful website to look at.

Edited December 22, 2012 by Sally44