Please help!!!

[Brook]

Hi all,

 

recieved copy of proposed statement this morning, am feeling very depressed

 

As mentioned in a previous thread we took our son out of mainstream because he could not cope. We have been to look at MLD school & were pleased with it.

 

Well on the phone the caseworker said they had discussed this school but did not think he would meet the learning difficulties criteria, as he is a remarkable reader

 

On the letter with proposed statement it says, On the information we have at present, LEA will likely to name a mainstream primary school placement. This will be considered in the light of your views.

 

On the proposed statement it says in part 2, his reading is excellent and he reads very accurate, but comprehension of what is read is not as advanced as his accuracy.

His writing is of average ability but does not enjoy writing, drawing or colouring in and sometimes refuses to carry out these activities. His drawing skills are limited and poorly executed.

 

He has severe sequencing problems and is very much a visual learner. In numeracy tasks he was of average ability on entry to year1 but his progression slowed significantly due to greater demands from the curriculum.

 

He is generally working below level1 with an uneven profile indicating some skills at a slightly higher level.

 

Provision: The school will provide xxxx with access to 20 hours per week Teaching Assistance to enable small group work and individual attention.

 

Obviously there was alot more in it, but I wont bore you all!!

 

I now need to prove that he would best be suited in the special school.

I feel sick and churned up

 

The reason we first took him out was because he could not cope, and this special school only have 5-6 kids in a class.

 

It seems to me that they have focused on an isolated ability, so want to plonk him back into mainstream.

 

I would so appreciate any views on this, and has anyone else been in a similar situation, if so, what was the outcome.

 

Thanks

 

Brook

 

PS, on the phone the caseworker also said that they had discussed an ASD unit, but it would be too far to travel, which we agree, but my way of thinking is, one minute they are discussing that unit, and because there is no other ASD specific provision in our area, they just think 'oh well mainstream'

[annie]

Hi Brook,

 

I'm going through the proposed (amended) statement saga at the moment, as we took our son our of school as well.

 

I would call IPSEA http://www.ipsea.org.uk/to ask them for advice, they are brilliant I can recomment them personally.

 

You have 15 days from the date of the proposed statement to make the parents representations. You really need to get something in the post to your LEA. As soon as you do, it gives you another couple of weeks.

 

I've taken this from the SEN code of practice, sorry it's very long winded hope it helps.

 

 

 

 

Part 4: Placement

 

In the final statement Part 4 will set out the type of school and any particular school which the LEA consider appropriate for the child, or the provision for education otherwise than at school which the LEA consider appropriate. But this Part must be left blank when the proposed statement is issued, so that the LEA do not pre-empt consideration of any preference for a maintained school, which the parents may state, or any representation the parents may make in favour of a non-maintained or independent special school (see Glossary).

 

 

 

 

 

8.7 The proposed statement

 

The LEA must draw up a proposed statement, completing all Parts except Part 4. The proposed statement must not contain any details relating to where the proposed special educational provision should be made. The LEA must send the proposed statement and copies of the advice that has been submitted during the assessment to the child's parents; copies of the proposed statement should also be sent to all those who submitted advice.

 

At the same time, the LEA must send the parents a notice which sets out the procedures to be followed, including setting out the arrangements for the choice of school, the parents' right to make representations about the content of the statement, their right to appeal to the Tribunal against the contents of the final statement and the time limits for appeal. The notice must correspond substantially with that set out in Part A of the Schedule to the Regulations.

 

When making a statement, LEAs should remember the needs of parents and children whose first language is not English. Where children have different linguistic and cultural backgrounds, LEAs should seek advice from bilingual support staff, and teachers of English as an additional language, interpreters and translators and other local sources of help as appropriate, to ensure that such parents and children are involved in all aspects of the process.

 

8.8 Time limits

 

On receipt of the proposed statement, parents have a right to state a preference for the maintained school their child should attend and to make representations to, and hold meetings with, the LEA. It must also be explained to parents that they have the right to raise any other issues relating to the body of the statement. The LEA must normally issue the final statement within eight weeks of the issue of the proposed statement.

 

The exceptions to the eight-week time limit for the making of a statement are:

 

 

 

a. Where there are exceptional personal circumstances affecting the child or his or her parents (for example, family bereavement) during the making of a statement.

 

b. Where the parents or the child are absent from the area of the authority for a continuous period of not less than four weeks.

 

c. Where the parents, having received a proposed statement, want to make representations about the content of the statement after the 15-day period.

 

d. Where the parents seek more than one meeting under paragraph 4 of schedule 27.

 

e. Where the LEA have sent a written request to the Secretary of State seeking his consent under section 342 to the child being educated at an independent school which is not approved by him and such consent has not been received by the LEA within two weeks of the date on which the request was sent.

 

 

 

8.9 Naming a school

 

Parents may express a preference for any maintained school (or City Technology College) they wish their child to attend, or make representations for a placement outside the maintained sector. LEAs must comply with a parental preference in accordance with the provision of section 316 of Education Act 1996 and Schedule 27. LEAs must consider parental representations and arrange any meeting(s) parents seek, before issuing the final statement.

 

The LEA should explain to parents the arrangements for expressing a preference for a particular school under paragraph 3 of Schedule 27 and the LEA's duty to comply with that preference in all but a few cases. Paragraph 4 of the same Schedule gives parents the right to make representations, which the LEA must consider, about the content of the statement; and the right to request meetings to discuss any aspect of the content of the proposed statement, including the advice obtained during the statutory assessment. Parents should be informed that the parent partnership service are able to provide information about school preferences and to provide support for meetings with the LEA.

 

LEAs and schools have a qualified duty to secure that pupils with special educational needs, including those with statements, are educated within mainstream settings. [The consultation document on the SEN and Disability Rights In Education Bill proposes that section 316 should be amended this would require that] a child with special educational needs shall be educated within a mainstream setting unless:

 

this is incompatible with the wishes of their parents: or

a school or local authority cannot take reasonable steps to adapt its provision to secure a place for them in a mainstream setting without:

prejudicing the efficient education of the children with whom they will be educated; or

incurring unreasonable public expenditure.

With the right strategies and support, the vast majority of pupils' individual needs can be successfully met in a mainstream setting. A mainstream place cannot be refused simply on the basis of existing provision. Schools and local authorities are required to take all reasonable steps to enable pupils with special educational needs to be included within mainstream settings. A mainstream place can only be refused where - even after taking all reasonable steps to adapt the provision - the interests of all children cannot be safeguarded. Further guidance on the statutory framework for inclusion can be found in the DfEE SEN good practice guide.

 

Annie

[Brook]

Thanks for that Annie

 

I noticed in section 8.7, that it says no details should be made as to where the special educational provision should be made. Would this just apply to the actual statement or would it also apply to the top opening letter you get with it? just a thought as the letter said the LEA would likely name a mainstream primary.

 

I feel as if we are being a bit fobbed off and think that the caseworker picked up on my inexperience of the statement lark

 

I am definitely going to try and get through to IPSEA, I am feeling very confused and very angry at these people who have the power to f**k my sons future up

 

Thanks very much for that Annie

 

Brook

[annie]

Hi Brook,

 

It looks like it just means the proposed statement.

 

When you speak to IPSEA they will help you with the 'what thay can and cannot do'. My son's ex-school completely b**g***d my son's education up too. They thought I was just another Mum who didn't know any better............until I involved IPSEA as my son said after a meeting which a rep from IPSEA came to "Mum, it was great seeing them all squirm".

 

This is a link to the SEN Code of Practice (lots of reading, but good to have)

 

http://www.dfes.gov.uk/publications/guidan...ctice/page1.htm

 

Annie

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[Brook]

Hi, me again

 

Should I be concerned that the word 'access' is used in this sentence;?

 

The School will provide xxxx with 'access' to 20 hours per week Teaching Assistance to enable small group work and individual attention.

 

Sorry for going on, but I really am a novice at all this

'Hope the LEA caseworker does'nt visit this site'

 

Brook

[annie]

Hi Brook,

 

Well, the sentence gets the school out of allocating a 1:1 to your child. What it should say would be something like - The school will provide xxxx with 1:1 support for 20 hours per week.

 

As it is, how many hours group work??? how many hours individual attention??? Your child could get 1 hour a week. If the statement is left as it is, you would not have any grounds to complain either.

 

I know I keep going on about IPSEA but if you go onto their site. On the home page there is link on the right hand side that talks about LEAs acting illegally by not specifying things like this.

 

Don't worry about asking lots of questions. There's always lots of people here who can help point you in the right direction. It's better to be one step ahead of them.

 

Another tip : Always put everything in writing, and keep copies of everything. It's always handy. specially, the letter where the LEA have written about the mainstream placement.

 

Anything you think of, please ask.

 

Annie

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I used to wonder if anyone that dealt with us came on here in disguise

[annie]

This is the link. It applied to one London Borough, but still.

 

http://www.ipsea.org.uk/lambeth05.htm

 

Annie

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[Brook]

Annie, the last bit of your post really made me laugh thanks I needed that.

 

Thanks for taking the time to help me out here, I am off to have a read of the IPSEA site.

 

Thanks

 

Brook

[annie]

Hi again Brook,

 

This was a link that I was trying to find last night, Nellie has some useful links on there.

 

http://www.asd-forum.org.uk/forum/index.php?showtopic=565

 

Annie

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Edited August 7, 2005 by annie

[LKS]

Hi Brook what a nightmare for you and your son. I agree with Annie please try and contact IPSEA. The advisor was so good that she asked me to send a copy of my son and daughters statements. These turned out to be truly terrible with things like L will benefit from having Access to Sp&lt. They managed to tighten things up really well. But the consequences of this are that I am forever on the schools back to make sure they are providing what is stated. I always thought it really odd as well that on the proposed statement they do not name the school. When it was time for my son to transfer to secondary school apparently the LEA consulted the board of governors and the headteacher and told them that this was the school I wished my son to attend and whether they had any objections. I was just wondering have the LEA approached the school that you would like your son to attend yet. It seems that in my LEA anyway(might not be true in others) there is a lot of behind the scenes stuff going on. If they are going to name a mainstream for your son is it the one you had to take him out of or another one, it would be great if they could share this info with you Can't remember but did you say in your original post that he was going to receive 20 hours per week. Thats only 4 hours a day doesn't seem enough for someone that has had to be taken out of school :wallbash:Obviously at the end of the day it is so much cheaper to keep a child in mainstream with a bit of support than send them to a special school, but thats not good enough is it. I remember a post on here from hectors house once she posted a copy of her sons statement on her website, reading it made me realise how really awful my children's were. I really hope things work out for you. Don't let them get away with this c**p

[Brook]

Hi LKS,

 

In a conversation with our caseworker on the phone, she said that they did not think that the MLD school would be appropriate as they did not think he had learning difficulties His proposed statement says, he is generally working below Level1 with an uneven profile indicating some skills at a slightly higher level.

 

After reading it for the hundreth time, I have just noticed another bit that has got me very angry It says, 'his behaviour depends a great deal on the mood he is in and he needs much encouragement to attempt a task' In actual fact they have failed to miss the fact that his behaviour actually depends on his environment, his sensory issues and if too much pressure is placed upon him to understand something he is finding difficult not to mention the other 25 kids in the background!!!

 

I am going to try and get through to IPSEA in the morning.

 

And if they think for one minute he is going back into mainstream there will be a fight

Its the special school or home ed.

 

I just cannot believe the c**p we have to go through to get what we know is best for our kids

 

Thanks for listening

 

Brook