Proposed statement but school is full. Advice please.

[nysnanna]

Over the moon to be told by SEN officer that proposed statement is in the post and we can expect it tomorrow. One battle over but I feel another may be starting. Ed psych suggested we visit our LA SEN school which is now all ASD students, the majority with average academic ability like our grandson. We visited and liked the school but it is full. SEN officer said that they may have a place in September and that if we like the school we should put it down as the preferred school.

We are worried about what will happen if they find they do not have a place for him in September and what will happen to him in the time between April 1st when statement is finalised and September if they do have a place.

Obviously we may not be happy with the statement and may have to appeal but it sounded over the phone as though at least they are not suggesting that he stays in mainstream as this is definitely not working for him.

Should we be looking at alternative schools, none of which are local or LA schools or will we need to wait until a place is available. I know we would have to fight for a different school by which time I imagine a place would be available at the local one. I am really confused about what I should put down as the preferred school if we are happy with the contents of the proposed statement.

Any advice appreciated

Teresa

[Sally44]

I would just follow the process.

At the moment it is a proposed statement. As you say you may need to appeal anyway, and if you do you can include the placement as part of that appeal.

 

As it is a LA SEN Special School, have you visited it. Are the children similar to your son academically, socially and emotionally. What does that school provide as part of the standard package for therapy [sALT and OT], and if they don't automatically provide anything, how would your son access those therapies.

 

Do the reports towards the Statement quantify and specify provision? If they do, can this LA school provide it? If they dont' quantify and specify, ask those professionals to do so.

 

I hope they have carried out standardised assessments? What were the results of those.

 

How will they support him and his anxiety?

 

What year is your grandson in? If he is already secondary school age, the LA should be able to tell you if there are places. If he is already secondary age and it is currently full for his year intake, then the chances are it will remain full. You could ask the LA to name that school in his Statement. If they don't then you will need to look at other ASD specific schools. But don't be surprised if they suddenly find a place at the LA school if you do that.

 

There is a specified time limit by which the LA must finalise the Statement. You then have a deadline by which you must lodge an appeal. Do lodge one, as it then gives you more negotiating time with the LA running up to the appeal.

 

Just be very certain that this school is the right one for your grandchild, and can meet all his needs.

 

Below is a link to a very useful document that is about getting the Statement right. A Statement is a legally binding document but ONLY if it is worded so that it is legally binding. There should be no words that are ambiguous or vague such as "such as, as required, when necessary, access to, significantly more".

 

For example, if it says "xxxx will have "access to" a speech and language therapist". That means nothing. The school/LA could provide absolutely no SALT at all and still legally state that he has "access to" SALT if needed, but they [school or professionals] don't think he needs it.

 

So it should be specific such as "xxxx will receive 9 hours per term of 1:1 therapy from a suitably qualified SALT to be delivered in school. His dedicated TA will observe these sessions and deliver the therapy programme as instructed by the SALT on a daily basis for 20 minutes each day, which will be detailed in his daily timetable. xxxxx will also take part in a weekly social communication group which will be made up of 2 other peers and will be devised by the SALT and delivered by ????, with progress being monitored by he SALT on a termly basis, with new targets being set via IEPs." etc etc.

 

Also have a look on www.ipsea.org.uk website, as they have alot of information about case law and common problems parents have with the Statement and Statementing process.

 

This is the link, click on the righthand side link that takes you to the document http://www.ace-ed.or...ts-legal-rights

 

Regarding schools, when the LA finalises the Statement they should send you a list of their maintained, approved and independent schools. That should detail any other independent ASD specific secondary schools they send other pupils to. You can also search on the OFSTED website, or via specific independent schools such as the Priory Group or SENAD group of schools.

 

Remember that it is about the school meeting his needs and not just slotting him into a school place somewhere/anywhere. A Statement does not have a monetary limit, so if a Tribunal Panel finds that only your choice of school can meet your grandchild's needs, the Tribunal will name that school regardless of the cost. But you would need to have very good reports that quantify and specify all the therapy he needed, and evidence that the LA's ASD specific school cannot provide that therapy, or environment [ie. small class sizes of less than xx pupils - if that is stated in any report], or does not have teachers qualified to a level needed to meet his needs.

 

If he has dyslexia you can get costings for a dyslexia teacher, have him assessed and get their recommendation of how many hours a week specialist teaching he needs, and have that included in the Statement and the LA would have to pay for that.

 

It is all about identifying needs in part 2, and quantifying and specifying provision to meet each of those needs in part 3. Part 2 and 3 add up to describe the kind of placement your grandchild needs.

 

Even if you agree to something in the Statement, and it is finalised and you then decide that the Statement still needs amending or things adding or the placement changing you can still lodge an appeal as long as you do it within the deadline.

 

If the LA do commit themselves and say your son can have a place at their maintained ASD school, it might still be worth getting your son to trial it for 3 days to see how he is there.

Edited February 3, 2013 by Sally44

[Sally44]

Is your grandchild out of school currently?

[nysnanna]

Hi Sally, thanks for your advice, as always it is greatly appreciated. My Grandson is currently in mainstream secondary school but is making no progress. He is spending most of his in corridors having been sent out of lessons. In lessons he is either disruptive or puts his head on the desk. School now saying that they are not able to meet his needs. As he is 13 now and in year 8 and has made no progress since starting the school I am not really wanting him to spend the rest of this school year wasting his days in corridors when he should be being educated.

Do you know how soon the provision should be put in place once the statement has been finalised?

I have visited the LA SEN school and I was impressed with what it could offer but I realise that this could just be because I have become used to the lack of understanding in mainstream. I am also visiting Alderwasley next week but am concerned about distance(hours drive each way) and know it will be another battle, especially if they magic up a place at LA school.

If there is no place until September and the statement needs to be finalised on April 1st I am wondering what provision will be made for the next term.

Thanks Teresa

[Sally44]

Once the Statement is finalised it is a legal document and must be fulfilled by the LA.

 

As he would be joining any school part way through the year whatever school you name MUST put in writing that they have a place available for him. And I don't see how the LA school can say they 'might' have a place in September. If they are full they need to know that another child is leaving. And i'm sure there are more children than places.

 

I would suggest you write to the LA and ask them to confirm if there is a place available and if there is for them to confirm that in writing offering your grandson a place, and also to confirm that he will start as soon as the statement is finalised. In your letter ask them to reply within 14 days.

 

By law the LA must go with the parental choice of school UNLESS it is not suitable [and Alderwasley would be suitable], or unless it is not a good use of their resources ie. they have a placement that can also meet all his needs and it is cheaper. But if you have in writing that the LA school is full, then the LA does not have anything else they can offer do they? You have evidence that he has not made progress over the last 3 years in mainstream.

 

The kind of things that are going to help you get a placement at Alderwasley, or any independent school, is reports that recommend small class sizes of no more than 8 pupils. SALT therapy in school, and OT Sensory Integration Therapy [which the NHS OT does not provide] that can be delivered flexibly across the week [that can only happen if the professional is employed on site]. Specialist teaching by teachers with additional qualifications for teaching those with an ASD. Life skills etc.

 

Alderwasley also have a child psychotherapist, which is very important if your grandson is under ClinPsych or CAHMS, as the NHS doesn't provide any therapy in school whereas at Alderwasley it would be.

 

But all the above provision needs to be specified in reports. If you've only had the LA EP and NHS SALT I don't think they will have quantified and specified, as they usually don't - although they should. So you might need independent reports.

 

Alderwasley does go up to age 19, and I think they have build a new building for post 16/post 19 - not sure which so check.

 

An hours drive is long, but I would ask Alderwasley about that, as i'm sure they have other pupils travelling that distance.

 

Any mainstream school is going to be buying in SALT and/or OT therapy. So it is very important that your grandson's statement does specify how many hours he needs from each professional, because otherwise he won't see them unless the school thinks he needs to, and they will have a limited budget for this.

Edited February 4, 2013 by Sally44

[Sazale]

We went to visit Alderwasley last week and absolutely loved it! My daughter is 14. It will be roughly 45 mins to an hour journey for her which initially concerned me but when I thought about it as she has transport to the special school she is in ATM it takes 50 mins to an hour anyway as they drop off the other side of town first (the school is a 15 min drive away max). They also told us they are having discussions about whether to extend provision to 25 years with the new green paper. Just got to figure out how to get her in there now but I know that with the input there she would stand as better chance in life than the none ASD specific input she gets now!