Where to begin?!

[mum25]

Hello all

 

I really don;t know what to do for the best for my son. We went to tribunal last year appealing against parts 2, 3 and 4, for an independent school and lost. My son is currently in the lea placement which is an asd unit attached to a mainstream, to which he now has most of his education in the mainstream because he simply cannot stand the staff in the unit and there was too much change with accessing the mainstream and sometimes the unit. After a bit of a nightmare complaint, the head, his dad (divorced) and teacher all agreed that mainstream would be better for him with 1:1 but he is still based on roll in the specialist unit. I disagreed at the time and put it in writing that I did not feel it would work out for him. Lo and behold he is struggling and pleading not to go to school. The unit staff say he appears happy, and he must communicate his concerns to them, we have been trying to get him to communicate with us for years - hello - asd = communication and interaction difficulties?? Grrrr.

 

Anyway, where I am at, is I feel he really should be in a different placement, always have known this, there are things in his statement such as staff will have a good working experience of asd, adhd, sensory processing difficulties, and communication and interaction difficulties, this is impossible in mainstream. He should be taught in class sizes of no more than 10. etc There are quite a few things that neither the mainstream or unit are meeting.

 

Annual review is in April/May (I'm awaiting the date) I am simply dreading it. Never had one yet. School know I am not happy, they refuse to put anything in writing despite me asking many times, I have emailed them copies of our conversations and they have got so stroppy and pedantic with me, but I cannot see how I can leave a paper trail otherwise? We have a TAC meeting on Friday, should I ask for the change of school then or wait until annual review? I have also never had a copy of my son's educational file, how do I go about acquiring this please?

 

Thanks for any help you can offer.

[mum25]

I also meant to say, that the unit have on a couple of occasions suggested that I do not take my son into school after a medical appointment as it may be more convenient, and also have not included him in mainstream activities as they are do stressful, but the alternative is to keep him at home as a full day in the unit is too stressful too? Surely, this just backs up my thoughts that the placement is not suitable?

[Sally44]

I know it is very difficult, especially if your ex is not agreeing with the kind of placement your son needs, because he is playing right into their hands.

 

The Statement is a legal document. What it contains must be delivered. So if part 4 says autism unit, then that is where he must be placed. You can write a letter to the LA saying that the Statement placement is not being upheld and ask them to rectify that within 7 days. Copy the school into that letter too.

 

I know it is hard, because I too ended up on very bad terms with my sons school eventhough I always was polite. My son's former school was mainstream and he did not cope there.

 

"Staff having good experience of asd, adhd, sensory processing difficulties, and communication and interaction difficulties," means nothing does it. I don't think your Statement is specific enough. For example, if he has a diagnosis of a Sensory Processing Disorder, the only therapy to meet that is a Sensory Integration Programme. At the moment you just have Sensory "difficulties" what does that mean? Without the diagnosis you don't get the OT therapy to meet that need. And this is very important because the NHS OT service does not provide sensory integration therapy. The only way to get it is via an independent school that employs OT's on site. So that is a need that only your parental choice of independent school can deliver. At the moment sensory 'difficultlies' sounds like it could be met with help from anyone, including a dinnerlady. It does not detail any provision to meet that need. No sensory therapy. The same applies for the other needs he has. What speech and language therapy is he receiving for his speech and social communication difficulties?

 

And you are right, how can he 'communicate' his upsets and worries if he has a speech and communication disorder and no SALT is working on his 'social communciation' as part of his targets/IEPs.

 

If they suggest you do not take him back into school, put your response in a letter and say that you cannot keep him at home simply because the school think he will not cope. He is placed where he is because that is where the LA and school have said they can meet his needs. [so basically put it in their court to deal with it]. What they are actually doing is trying to keep him in school by not doing things he does not cope with in mainstream such as the movement between the unit and mainstream classes ie. problems with transitions.

 

If your son is not coping I would suggest you get a GP's appointment to a Clinical Psychologist service that works with children with ASD. This is so that you have medical records of his increasing anxiety and school refusal [if it comes to that].

 

For the annual review all the professionals should produce an up to date report. I would suggest you write to school asking them who they are going to invite to attend. When you get that, see who it is and then write to school asking that whoever they have listed produces an up to date report for he AR. And ask them to invite the SALT, EP etc if they are not on the list. And ask that they produce up to date reports which should be circulated 2 weeks before the AR [as per the SEN Code of Practice]

 

If you do think that mainstream 1:1 is better than the unit, then the LA must amend the Statement to say that. After the Annual Review you have the right to appeal again. But again you have your ex who may still say mainstream is preferable. Have you talked to him about the placement and how your son is not coping?

 

Children that get a place at independent ASD schools usually have to have deteriorated to the extent that they are no longer in school. My son was out of school for about a year, and also developed an Anxiety Disorder and OCD. And even then his former mainstream primary still said they had "no concerns".

 

Also you need evidence of lack of progress, the gap between him and his peers widening, deterioration, increased anxiety etc. You will get that via standardised assessments having been done and then being repeated 6 months to a year later [has he ever had standardised assessments by a SALT, EP or OT, I presume he did for your last Tribunal]. School end of year reports, KS level, IEP targets not being met etc.

 

Then you also need his Statement to detail needs and provision that his current school cannot provide such as the level of Speech and Language Therapy, Social Communication and Group Therapy, Sensory Integration Therapy all to be delivered 'flexibly across the week', [which means the LA cannot buy it into a mainstream school because that would be one visit per week which if missed could not be delivered again until the next appointment next week, that is NOT flexibly across the week - only therapy staff employed on site can deliver that].

 

What is your son's cognitive ability, and what is the cognitive ability of the other children in the unit. If your son on track to sit GCSEs?

 

The Statement also says to be taught in groups of no more than 10? So how are they achieving that by having him mainstream. Is he supposed to be in the unit all the time? Or does the Statement say he would be fed across to mainstream, and if so for what lessons.

 

The only way to do this is to follow the process ie. the Statement to be delivered. If he does not cope under the current provision in the Statement then the Statement must be amended and any additional needs put into part 2 with provision for each of those needs quantified and specified in terms of hours of support/therapy and from whom. However I know that is hard to achieve via the LA EP and NHS SALT because they don't quantify and specify although they should. The only way to achieve this really is by getting independent reports. But if you do do that, the best time to do it is when you have lodged an appeal to SEND.

 

You will also find the following links useful. http://www.ace-ed.or...ght Mar2011.pdf

 

This is a link to IPSEA which has alot of advice on their website. They have specific cases that cover the main issues that parents have. These are useful because the Judges decision on those cases is how all future appeal judged must agree with and fall in line with that decision. The only time that changes is if there is a challenge to that interpretation of the law and that interpretation is taken as the new line that judges will follow.

 

This link is to their model letters section. http://www.ipsea.org...n-problems.aspx

 

You have to decide how to proceed from here. My thoughts are that if he is mainstream and he does not cope, that the next step of extra support is going to be in the unit. So if you end up at tribunal and he is mainstream, they will just order he is placed where his Statement already says he should be placed, so you have not really gained anything. If he is in the unit and it fails you would be back at tribunal for an independent placement, especially if he is out of school and you have the evidence that the transitions between the unit and school were part of he cause of his deterioration.

 

Currently the school/LA are acting illegally by not providing the placement named in the Statement. But you could always have your ex scuppering your changes if he turns up at Appeal and says he wants him keeping mainstream. Because the LA has to go with the parents choice of placement unless it is not suitable [and you would have to prove mainstream/unit was unsuitable via lack of progress or deterioration etc]

 

I'm also presuming he does not have any speech and language therapy, and does not have a diagnosis of a sensory processing disorder either. Those are things to be working on now so that you have all the diagnoses available when/if you end up back at tribunal.

 

At the AR, if he is back in the unit and not coping the school may try to amend the placement to mainstream. But don't mention that to them. Just let them get on with whatever they are going to do, or not do. If he is in the unit soon, then you have a couple of months to see how he copes with the transitions. And you can detail everything that happens at home in a daily diary. And if school phone to ask you to take him home because he is not coping, just say you are at work [do you work?], or don't answer the phone. I know this sounds very hard. But if you keep taking him out of stressful situations you have no evidence that he was not coping, unless you send in a letter everytime you have to collect him saying something like "Thank you for phoning me on xxx at xxx to tell me that my son was not coping in school and asking me to come and collect him." If you do that they may not ask you anymore. Or at least you have evidence of what the school is asking you to do.

 

You also need a diagnosis of Sensory Processing Disorder. Get a referal back to the Paediatrician that diagnosed and ask them to refer for an assessment by the OT. This can take some time. Alternatively you could get a private OT to assess and diagnose. Once you have that diagnosis and the OT's recommendations on how to meet that need it must be included in the Statement.

 

Or another thought is: do you have in writing why he is no longer in the unit? If not, before you complain about the Statement not being upheld, write to school and ask them why your son is now mainstream and no longer in the autism unit. Their response to that could be useful to you later on eg. if they say he did not cope in the unit, or the peer group was not suitable or that he did not cope with transitions etc, then they will find it hard to argue later on that he should return to the autism unit.

Edited March 4, 2013 by Sally44

[Sally44]

This is a link to one of IPSEAS cases http://www.ipsea.org...tion/Case17.pdf

 

The problem it is addressing is when a professional assesses your child, but does not quantify and specify the provision needed to meet those needs. It would involve meeting with the professional and probably the LA Inclusion Officer, and you do need someone with you to take notes. It is unfortunate that parents are pushed to this extent, but this is basically what you have to do to get provision in the statement, get evidence for appeal etc and is the only thing you can do. The only other option is independent reports. But those are costly, and you really don't want to get them until you need to, which is usually at the Appeal to SEND stage.

Edited March 4, 2013 by Sally44

[mum25]

Thank you Sally44, that is really helpful information. I wrote my original post late at night and didn't have the statement in front of me to quote it accurately.

 

Staffing: xxx will be taught by staff who are trained and experienced in working with children who have asd combined with sensory processing difficulties and emotional difficulties (eg anxiety), communication and interaction difficulties, and ADHD. This will include training in sensory intergration strategies and a structured approach to teaching emotional literacy skills on an individual, group, whole class and whole school basis.

 

xxx will be taught one to one or in small groups of no more than 10 pupils in the unit with high teacher to pupil ratio. The unit provides a physical resource of 2 classrooms, toilets, social area and a small group room. The provision caters for up to 3 children per year group.

 

Pupils are supported by 2 teachers and 2 learning assistants and each student has an individualised programme. Pupils are included in the main school with support. Some children are included 100% in mainstream with support, others require a high level of support, teaching and learning within the unit. Pupils are intergrated into the appropriate mainstream class.

 

Support is enhanced by specialist staff from xxxx ie AST, SALT, therapy team.

 

 

My son has OT in his statement, and this is currently met by the lea paying for someone to go in and the ta is supposed to carry out the work with him in between visits. The special school who run the unit are in the process of employing an ot.

 

There is no direct speech and language therapy in the statement, I have today asked for the speech and language therapist to do an assesment, and know of a highly recommended private salt and will use her if necessary.He does have things such social stories and take part in social groups.

 

My ex does and will support the school and lea, he has no understanding at all of his son's needs, he was a witness for the lea at the tribunal.

 

The head of the school who run the unit has written a letter stating that with xxx agreement his time will be increased in the mainstream in order to be given more opportunities to socialise and to access more additional subjects. I did reply to this letter and state that I had my reservations as to whether this would work for him. They have also put in that letter hat his mentor will be there consistently to mentor him. xxx has agreed to communicate these concerns at the time rather than returning home with his worries. (This is not happening at all, he is a stressed out young man!)

 

Academically he is average.

 

At a meeting with head and his teacher, and ex it was agreed that he was not coping with the transitions between the unit and mainstream, so the answer was to put him in mainstream all the time. xxx has told me that he now has maths back in the unit as he cannot keep up to speed with the teacher.

 

Thanks again for your help

[Sally44]

What OT needs does it detail in part 2? You need a specific diagnosis eg. Sensory Processing Disorder. Ask the school OT if she can carry out standardised assessments for a sensory processing disorder, and also for dyspraxia. If she refuses you would need a private OT to assess and diagnose.

 

Then the OT needs to state in her report something like "XXXX will receive a Sensory Integration Programme to be delivered in school of xx hours per term, which equates to xx hours 1:1 with a suitably qualified OT per week who has completed the sensory integration modules. A sensory diet and sensory programme will be delivered by a trained TA and the OT will train the TA in the delivery of the programme which will be [could be throughout the day if he has OT equipment in class], or for xx minutes each day as detailed on his daily timetable [that is important to get all therapy on his daily timetable, the same for SALT therapy, because otherwise you dont know if it is happening or not].

 

And for the OT to produce targets which will be monitored by the OT and via targets in the IEP. [in that way you see what the target is, is it achieved, what progress is made], otherwise you again have no idea of what is being done, is it working etc.

 

The same for SALT. He should be assessed, again using standardised assessments [which give a baseline score of strengths and weaknesses - have you ever had STANDARDISED ASSESSMENTS carried out before?] And the SALT should again detail xx hours per term for direct 1:1 SALT to be delivered by a suitably qualified SALT with a TA observing the session and carrying out a daily programme which will be delivered across all school environments [ie. in the class, in the playground, in 1:1 and group sessions]. This is so you can see if there is progress and if there is generalisation of skills and overall if the level of therapy from OT and SALT is producing progress, because if it isn't you need it increasing.

 

It is going to be harder for you to get an independent placement because OT is going to be provided by the Unit. You should also get SALT into his Statement. If the LA realises it is a choice between quantified OT and SALT or an independent placement, they will increase the therapy because it is cheaper.

 

You also want the Statement to say that SALT, OT and EP will produce up to date reports for the Annual Review which will be circulated to parents at least two weeks before the AR.

 

What you need to prove is that :

1. The Statement does not identify all his needs [sensory Processing DIsorder, possible dyspraxia or learning difficulties, speech and language difficulties and social communication difficulties; emotional literacy difficulties and anxiety] or quantify and specify the hours of support and therapy he needs in school to meet each of those needs.

2. When it does quantify and specify that that level of therapy is not producing progress. Or he is not always able to access those therapy sessions due to anxiety or any other reason and so his therapy must be delivered "flexibly across the week" which can only be provided by a therapy team employed on site.

3. That he is not able to access mainstream learning [you need what is happening in maths on paper, so write in a letter saying "thank you for letting me know that xxxx is having difficulties accessing the lessons in maths in the mainstream setting because he could not keep up with the teacher [and that in itself needs assessing as he could have an auditory processing disorder or difficulties with receptive speech] and so he is now having maths in the unit.

4. That he is a capable child with an average cognitive ability [needs standardised assessments to determine that], and that the other children in the unit are not a similar peer group].

5. Ask the school what additional training and qualifications the staff that teach your son in mainstream or the unit have on top of their teaching qualification ie. what ASD specific teaching qualifications do they have. [probably they have no additional qualification and there may be training available, but not compulsory - so you need to know what training his teachers have had over the last year]

6. What specific ASD teaching approaches are used in mainstream and in the unit.

7. What is the class size in mainstream lessons and how many children within his mainstream classes also has an ASD [as he maybe the only one being taught mainstream].

 

Does his Statement say he will be fed over to mainstream? If not they are doing that illegally.

 

Do you know what progress he has made year on year?

 

What "emotional literacy" programme does he have for his emotional literacy difficulties? None probably. So that Statement details a need in part 2 with nothing to meet that need in part 3. So you ask the EP to quantify and specify the provision for that need [as per the IPSEA advice I linked you to, which would involve a meeting].

 

What professional input has he had for his "anxiety". Has he seen Clinical Psychology? If not get the referal. If he has what was their findings and recommendations to be included in the Statement. probably you don't have anything. So get back to them for an appointment so that they can be told that they MUST give that advice to be included in his Statement as per the Education Act and SEN Code of Practice. [sorry but you literally have to cross reference each need to provision and you have to badger professionals to do their job].

 

Your AR maybe sooner than all the results you are seeking to get the Statement more specific. So after the AR, wait for the Decision Letter from the LA and then lodge an appeal. That will give you more time to get the Statement right, and you can go to appeal just on those issues and have to wait to see how your son copes once the Statement is more specific.

 

Currently, with a woolley Statement, it means that at any appeal the LA can simply say "okay so now we will provide 10 hours OT per term" and you cannot prove that that is already being provided and is not working. If you have a specific Statement that says xx hours of SALT, xx hours of OT, xx hours of emotional literacy, xx hours of social communciation, xx hours of sensory integration programme etc and he is still not making progress, is increasingly anxious, cannot access learning mainstream, is refusing school etc then you go to appeal knowing exactly what is being delivered and can demonstrate a lack of progress and deterioration.

 

Regarding your Ex. I would speak with IPSEA about that. If you have the evidence that he is not coping then the Panel surely has to go with the evidence. The only problem is that the LA must go with parental wishes and when they are in conflict you need advice on how to approach that.

 

Remember it is not just any assessment. It must be STANDARDISED ASSESSMENTS. These are assessments set up by the college of SALT or OT and is designed to assess all skill sets. A simply observation assessment will not do that and will not give you scores that you can measure progress by.

 

Also keep a daily diary because things could deteriorate very quickly if he becomes too anxious, and refuses school. Does he complain of headaches, tummy pain, does he have any nervous tics like coughing. Is he sleeping okay. You say he is withdrawn. He could be depressed. Is he still doing things he used to like to do. Is he able to leave the house?

 

He is probably struggling with transitions. Is self aware and knows he is different, but does not want to be in the unit he wants to be with everyone else, and also feels self aware having an adult with him all the time in class. Yet he cannot cope in class and feels stupid. Afterall he is average cognitive ability.

 

What Key Stage year and level is he currently on. Is that in line with the rest of the mainstream class?

Edited March 4, 2013 by Sally44