What do I do with new diagnosis,..

[curra1]

I am still a bit confused as to what is the next step that I should take to get concrete support for my son at his new school. I have a written diagnosis from the educational psychologist and also a confirmation from the peadiatrician. Where do I apply for a statementing? Should I go back to the GP and ask for medical help for my son's poor coordination? Could he also initiate a statementing?

 

Sorry for asking so many questions in just 2 days, but all this is very sudden and I am totally alone with this new situation.

 

Thanks for your advice and support.!!

 

Curra

[nellie]

Hello Curra

 

Special Education Procedure is very complex. Information is power and to be able to make decisions about your child's future education it is much easier if you have some understanding of the procedures.

 

You could try getting in touch with Parent Partnership Services they provide advice and information to parents whose children have special educational needs. Contact Number through your Local Education Authority.

 

Hopefully the following information will help.

 

Please ask if there is anything you don't understand.

 

Nellie.

 

 

Link to NAS education information sheets .

http://www.nas.org.uk/nas/jsp/polopoly.jsp?d=303

 

 

Publications on SEN.

 

Special Educational Needs Code of Practice.

Obtained free from DfES Publications - Tele. 0845 60 222 60.

 

Special Educational Needs (SEN) A guide for Parents and Carers. Tele. 0845 60 222 60.

 

SEN Toolkit. Obtained free from DfES Publications - Tele. 0845 06 222 60.

 

ACE Special Education Handbook ? The law on children with special educational needs. Cost �12.00. details on ACE website: http://www.ace-ed.org/

 

 

Education helplines and websites .

 

National Autistic Society Education Advocacy

0845 070 4002

For the Education Advice Line (press option 1)

helpline: 0845 070 4002 Website: http://www.nas.org.uk/

 

 

IPSEA Independent Panel for Special Educational Needs.

Helpline 0800 0184016

Mon to Thu 10--4 and 7--9;

Fri 10 -1 and 7- 9

Website: http://www.ipsea.org.uk/

 

ACE Advisory Centre for Education.

Helpline: freephone - 0808 800 5793.

Website: http://www.ace-ed.org.uk/index.html

[nellie]

Curra

 

Am I correct in saying that your son has already gone through a statutory assessment and the outcome was a note in lieu?

 

If your sons needs have changed since the last statutory assessment, you could ask the LEA for a re-assessment, the procedures for re-assessment are the same as the original statutory assessment.

 

LEA's must identify and make a statutory assessment of those children for whom they are responsible who have special educational needs and who probably need as statement - Section 321 and 323 Education Act 1996.

 

As I don't know your son or his special educational needs it would be very difficult for me to give you advise on this. I have given you the number of the NAS Education Advocacy Helpline. If you telephone them and leave your number they will get back to you. It may be worthwhile talking things over with them.

 

Good luck

 

Nellie.

[Helen]

Should I go back to the GP and ask for medical help for my son's poor coordination? Could he also initiate a statementing?

Curra,

 

It is stated in 'Routes for referral' 7:7, in the COP that:

 

A child will be brought to the LEA's attention as possibly requiring an assessment through:

* a request for an assessment by the child's school or setting

* a request for an assessment from the parent

or

* a referral by another agency

 

Referral by another agency 7:15, Health services and social services departments may draw children to the LEA's attention. This is particularly likely with children under five with complex needs who are not yet attending school but who may be in an early education setting. The LEA will then need to collect evidence before considering whether it is necessary to assess the child.

 

The above paragraph includes the words 'particularly likely with children under five' - don't be put of by this wording, there doesn't seem to be an age exclusion criteria in that paragraph.

 

You can request that your GP refers your son to the OT department for an assessment, but be warned the waiting list is long and usually the OT department will prioritise the therapy to presumably the more severe of cases.

 

If I were you, I wouldn't deliberately mention the fact that your son seems to be coping in school or you're not going to get anywhere, but on the other, don't lie about anything.... just choose your words carefully.

 

Helen

Edited July 27, 2004 by Helen

[curra1]

Nellie and Helen,

 

Thanks again for all this information. I would have never found it browsing by myself.

 

The peadiatrician sent copies of his diagnosis to the Ed. psychologist and the GP. He calls the note written by the Ed. pscychologust an ' educational assessment'.

 

From what you both write, I see that I need to be very clear when I ask for a statementing. In fact, I do believe that there are reasons for asking a re-assessment of my son's needs, as he cannot cope with mental Maths and can barely solve some problems on paper. He can't even tell or read the time! THis was bad enough in Primary and it is likely to get worse in the comprehensive school. His Science work is good, except when he has to measure, he just gets lost... He is quite good in English and History, but for how long? I also consider his safety going to school a special need due to his eyes, as well as his special requirements in Sports. Apart from all this, even though several of his classmates are going to the same comprehensive, my son was placed in a separate group! I have to make them see that he needs special support in social skills.

 

I'll try first with the GP. If it doesn't work, I'll write a letter to the LEA.

Keep your fingers crossed.

 

 

Curra

[nellie]

Curra

 

I think it would be wise to delay your request for statutory assessment until you have a good understanding of the procedure and have some idea of the evidence you are going to put together as your parental representation. It might also be a good idea if you get some help and support from Parent Partnership or one of the education helplines, this will make a big difference to you and will reduce some of the stress and anxiety.

 

The decision to issue a statement is up to the LEA after looking at all the evidence produced during a statutory assessment.

 

Helen is correct when she says that Health can make a request for a statutory assessment, but I have known this to be ignored by an education authority in the case of a child over 5.

 

It is advisable for parents to make the request in their own right even if another agency makes the request.

 

 

I hope the following information will be of some help.

 

School-based interventions are called School Action and School Action Plus.

 

 

 

 

Statutory Assessment

 

 

?LEA?s must identify and make a statutory assessment of those children for whom they are responsible who have special educational needs and who probably need a statement.? - Section 321 and 323 Education Act 1996

 

A statutory assessment is a detailed multi-professional examination to find out exactly what the child?s special educational needs are and the help required to meet his/her needs. Parents, schools and early years setting can make a request to the LEA for a statutory assessment if the child has demonstrated significant cause for concern. Health services and social services departments may also draw children to the LEA?s attention particularly if a child is under 5 with complex needs and is not yet attending school but may be in an early education setting.

 

Parents can ask the LEA to assess their child under Section 328 or 329 of the 1996 Education Act and the LEA must comply with that request, unless they have made a statutory assessment within 6 months of the date of the request or unless, after looking at the evidence, they consider an assessment is not necessary.

 

It is helpful to the LEA if the parent can set out clearly the reason for the request and provide information as to the provision the child has already received.

 

The LEA has to decide whether a statutory assessment must be made. They are looking for ?convincing evidence that, despite the school, with the help of external specialists, taking relevant and purposeful action to meet the child?s learning difficulties, those difficulties remain or have not been remedied sufficiently and may require the LEA to determine the child?s special educational provision.? Code of Practice (7.34)

 

The LEA will ask for specific information on the child?s special educational needs and any action taken to deal with those needs before they make a decision whether to assess or not. Parents may find it useful to check with their child?s school that all the information and appropriate actions have been taken to provide the LEA with all the relevant information they need to decide if a statutory assessment is necessary.

The LEA will look at the evidence and make a decision whether to assess the child or not They have 6 weeks in which to make this decision.

 

If the LEA refuses to agree to the request, the parents have a right to appeal to the Special Educational Needs Tribunal. This is the case whether a parent or the school have requested the statutory assessment.

 

 

As soon as the LEA start looking at the request for a statutory assessment they will write to you and:

? Tell you that they are considering whether to carry out a statutory assessment.

? Tell you how they will carry out a statutory assessment.

? Explain the timescales (no longer than 6 months in all).

? Give you the name of the person at the LEA who will be your point of contact, your named officer.

? Ask you to give written or spoken reasons called evidence about why you think your child should or should not be assessed (you have 29 days to do this).

? Tell you about sources of support and advice

? Ask if there is anyone else you would particularly like the LEA to talk to about your child.

? Ask you for any evidence or opinions you have collected or intend to get.

The LEA must inform the child?s head teacher when the parents have made a request for a statutory assessment. The LEA should ask for written evidence about the child, in particular, the schools assessment of the child?s learning difficulty and the schools account of any special educational provision that has been made.

 

At the same time the LEA must notify the educational psychology department and the health authority and any other agencies that later may be asked for advice.

 

In considering whether a statutory assessment is necessary LEAs will seek:

? Evidence that the school has responded appropriately to the requirements of the national curriculum.

? Evidence provided by the child?s school, parents and other professions where they have been involved with the child, as to the nature, extent and cause of the child?s learning difficulties.

? Evidence of the rate and style of the child?s progress.

? Evidence that where some progress has been made it has only been the result of much additional effort.

As well as evidence of attainment the LEA should also seek evidence of any other identifiable factors that could impact on learning outcomes including:

? Evidence of clumsiness, significant difficulties of sequencing, deficiencies of working memory or delays in language.

? Evidence of impaired social interaction or communication or a significantly restricted repertoire of activities, interests and imaginative development.

? Evidence of significant emotional or behavioural difficulties.

The LEA has six weeks to decide whether or not to carry out a statutory assessment from the receipt of the request.

 

 

 

If the LEA conduct the assessment they will ask a number of professionals to give views on your child including:

? Your child?s school or early education setting.

? An Educational Psychologist.

? A medical officer, and any other Health authority staff who are involved with the child.

This may include a Speech and Language Therapist, Physiotherapist, Occupational Therapist, Health visitor etc.

? Social Services (who will give advice if they know your child).

? Parents

? Any one else whose advice the LEA consider appropriate.

This advice must ?set out the features that could affect the child?s educational needs and the provision that is considered appropriate in the light of those features. Thus LEA?s should not have blanket policies that prevent those giving advice from commenting on the amount of provision they consider a child requires.? (COP. 7.79)

?However, the advice provided by all professionals, should not be influenced by consideration of the name of the school at which the child might eventually be placed. Specific schools or types of schools must not be suggested?. (COP. 7.80).

Parents have a right to be present at any interview, medical or any other test during the statutory assessment process. Parents should feel free to suggest any other people or organisations whose view may be helpful to the assessment of their child. You may also send the LEA any private advice or opinions you have collected and the LEA should take these into account.

Once a decision has been made to make a statutory assessment, the LEA have 10 weeks in which to make the assessment and make a decision whether to issue a statement or note in lieu.

The LEA will inform the parents in writing of their decision. They must decide:

1) whether the child has special educational needs and also

2) whether the special educational provision necessary to meet the child?s needs can reasonably be provided within the resources normally available to mainstream schools and early education settings.

If extra provision is needed, the LEA must write a statement.

 

If the LEA decide not to make a statutory assessment they must write to the parents and explain the reasons, setting out the provision they consider would meet the child?s needs. They should also write to the school. The parents may appeal to the SEN Tribunal against this decision.

Timescales from statutory assessment to statement.

? Considering whether a statutory assessment is necessary. 6 weeks.

? Making the assessment. 10 weeks.

? Drafting the proposed statement or note in lieu. 2 weeks.

? Finalising the statement. 8 weeks.

 

 

Statement of Special Educational needs

 

After the Statutory Assessment, if the LEA then decides your child needs special help, they must write a statement of special educational needs. This should describe all your child?s special educational needs identified during the statutory assessment and should specify all the special educational provision the LEA considers appropriate to meet those needs.

 

When the LEA issues a statement they send the parents a copy, which is called the proposed statement, and copies of all the professional reports or advices, which formed part of the statutory assessment. The statement is in 6 parts:

Part 1 Introduction -

Part 2 Special Educational Needs (learning difficulties)

Part 3 Special Educational Provision

Part 4 Placement

Part 5 Non-Educational needs

Part 6 Non-Educational provision

A parent has the right to require the LEA to arrange a meeting between themselves and a relevant professional to discuss advice if there is any element that is unclear or if the advice does not clarify the provision needed by the child. The letter accompanying these documents should inform the parents they have 15 days to make representations i.e. to write their comments or request a meeting with an LEA Officer. This does not mean a meeting has to take place within 15 days, only that the parents make the request.

 

Meetings with LEA Officers can be repeated. Following the meeting, an amended proposed statement may be produced. Alternatively, the LEA may finalise the statement, in which case the parent will be sent a final statement and a letter explaining their right of appeal to the Special Education Needs and Disability Tribunal (SENDIST) should they disagree with the statement.

 

?A statement should specify clearly the provision necessary to meet the needs of the child. It should detail appropriate provision to meet each identified need.? (COP. 8.36)

?Provision should normally be quantified (e.g. in terms of hours of provision, staffing arrangements) although there will be cases where some flexibility should be retained in order to meet the changing special educational needs of the child concerned.. LEAs must not, in any circumstances, have blanket policies not to quantify provision.? (COP. 8.37)

If at the initial stage, on receipt of the first proposed statement, parents do nothing or write back accepting the statement the LEA will finalise the statement and inform the parents of their legal right of appeal.

[nellie]

Curra

 

It is important to understand that a child's special educational needs may not just be learning dificulties, a child can have complex needs. Children with autistic spectrum disorders can often have complex needs.

 

 

 

COMPLEX NEEDS

 

Taken from the Code of Practice

 

(7:52) This guidance does not assume that there are hard and fast categories of special educational need. It recognises, as LEA?s will recognise, that each child is unique and that the questions asked by LEAs should reflect the particular circumstances of that child. LEAs should recognise that there is a wide spectrum of special educational needs that are frequently inter-related, although there are also specific needs that usually relate directly to particular types of impairment. Children will have needs and requirements which may fall into at least one of four areas, many children will have inter-related needs. The impact of these combinations on the child?s ability to function, learn and succeed should be taken into account. The areas of need are:

 

? Communication and interaction.

? Cognition and learning.

? Behaviour, emotional and social development.

? Sensory and/or physical needs.

 

(7:53) Although needs and requirements can usefully be organised into areas, individual pupils may well have needs which span two or more areas. For example, a pupil with general learning difficulties may also have behavioural difficulties or a sensory impairment. Where needs are complex in this sense it is important to carry out a detailed assessment of individual pupils and their situation. However, the accumulation of low-level difficulties may not in itself equate with a school being unable to meet the child?s needs through school-based provision. In some cases pupils will have needs that are not only complex but also severe.

 

(7:54) In considering evidence as to whether or not it is necessary to carry out a statutory assessment LEAs should bear in mind the particular requirements of the individual child, and whether these requirements can be met from the resources already available to mainstream maintained schools and settings in their area in the context of school-based intervention, monitoring and review arrangements.

 

 

Quote from ACE Special Education Handbook:

 

In some cases parents and schools might well argue that it is impossible to judge the complexity and severity of the child's needs without a full statutory assessment.

[nellie]

Curra

 

If you do decide to write to the LEA to request a statutory assessment you must make sure that you quote the relevant section of the Education Act

 

This is an example letter:

 

I am writing to ask you to assess the educational needs of my son...(name).......under Section 323 of the 1996 Education Act.

 

I make this request under Section 328 of the Act (if the child already has a statement) or 329 of the Act (if the child has no Statement) for the following reasons...........

 

 

 

Yours faithfully.

[curra1]

Nellie,

 

Thanks for your support.

 

It looks like a maze of procedures and I agree not to rush things. Right now I am struggling to cope with the diagnosis and not in the best shape to make a good presentation of my son's case to the LEA.

 

I think that children's needs should be met the same in every case and in any manner the petition is presented, whether the parents are knowledgeable, self-confident, and articulate regarding these matters , or not (like me) because it should be the children's right to have their needs assessed.

But well, I know that things are not always the way they should...

 

 

Curra

[nellie]

Curra

 

I'm sorry you are finding it hard coming to terms with the diagnosis, we all felt like this and even now I sometimes find it tough. Take your time, read the many postings, you will find you are not alone. You will also see that many of the parents have changed since the diagnosis, which obviously totally floored them at the time.

 

SEN Procedure is overwhelming and difficult for anyone to get their head round. I agree with you that every child should get the same chance no matter how the case is presented.

 

The fact is the LEA have to be satisfied that a child's needs cannot be met within the schools resources before they will procede with a statutory assessment.

 

When the LEA have done the statutory assessment and issue a statement they will not give provision to meet a need unless there is evidence of that need in the assessment.

 

When the final statement is complete it should give provision to meet each and every need, this provision should be quantified and qualified.

 

Time spent thinking these things through may help prevent failure at any stage in the process. Help and support can make a huge difference especially when you are already overwhelmed with the diagnosis.

 

Your child's school have a duty to meet your child's special educational needs.

 

Section 317, Education Act 1996 states that the Governing Body of a community, voluntary or foundation school must:

 

Do its best to ensure that the necessary provision is made for any pupil who has special educational needs.

 

You will find the list of Governors legal duties on page 11 of the Code of Practice.

 

If you speak to the school SENCO on returning to school ask for the provision you think your child needs.

 

Take care,

 

Nellie. <'>

[mossgrove]

Curra

 

Your sons poor co-ordinationis typical of many ASD kids. The specialist who should deal with this issue is an Occupational Therapist.

 

When we applied for Jack's statement we insisted that an Occupational Therapy assessment formed part of the assessment, and problems were identified and strategies put in place. I belive you can also get a referral via your GP

 

Simon

[curra1]

Simon, Nellie and All,

 

Thanks for your good advices. <'>

 

My next step will be to see the GP next week and hopefully get an appointment with an OT.

 

I'll keep you posted.

 

Curra

[Helen]

When we applied for Jack's statement we insisted that an Occupational Therapy assessment formed part of the assessment, and problems were identified and strategies put in place.

Hi Simon

 

Did you get OT provison written into Jack's Statement and if so, which 'parts' of the Statement was the provision specified in?

 

The reason why I ask is that I'm trying to get OT written into Daniel's Statement at the moment. I know that OT is a health related provision but it can also be an educational provision.

 

Thanks, Helen

[jewels]

Hi there,

Liam (9yrs old with AS) was at the occupational therapist on Thurs and had him doing all sorts of things that i wouldn't normally see him do as he would rather avoid doing things than fail and it was hard to see him not being able to do things like throw a ball at the wall and catch it (i think he caught it twice out of about a dozen or so) this was also observed with other balance/co-ordination games eg. hopping and stopping at the last square, throwing a beanbag in2 a tray (again he got it about 2 or 3 times out of 12) I think she knew he was getting frustrated so she kept letting him have more goes.

She also said that whenever he asked him 2 do things with 1 hand/leg his opposite arm/leg would do the same.

She says he has significant delay in motor skills and co-ordination and has something about 2 much force (breaks things without realising his strength and hits 2 hard without meaning to)

 

She also foned up the DSS (or whatever) and got us forms for children with dissabilities (for under 16) and 2 apply for carers but the form is unbelievable!!! still havn't finished it

 

We ended up there a good few hrs and i found it difficult 2 watch, of course afterwards it was back to the grindstone and had to act as if everything was normal.

 

He will be 10 in march and now i wish he had been dx earlier and wish i had done something sooner.

Feeling really low and working so hard that i feel my head and my heart is just not in it and i want to be woth my son but i suppose the other thing is work keeps me from thinking about him 24/7 and stops me going off my head.

 

How often do they have to see the OT?

 

Many thanx

julie x

[Kazzen161]

>>>In fact, I do believe that there are reasons for asking a re-assessment of my son's needs, as he cannot cope with mental Maths and can barely solve some problems on paper. He can't even tell or read the time! THis was bad enough in Primary and it is likely to get worse in the comprehensive school. His Science work is good, except when he has to measure, he just gets lost... He is quite good in English and History, but for how long?

 

Curra, you need to read up on the SEN procedures.

 

The above things coudl well be said to be within the normal range of ability that the school is expected to have strategies to deal with. The LEA will only issue a statement if a child has needs that cannot be met from the school's usual resources. Once you understand the procedures, you can gather the evidence that is needed, and word things in the right way.

 

www.ipsea.org.uk is a good site for info about SEN.

 

 

Karen